I had jusw pulled up at my friends house and went in side not 2 minutes later there where 5 police pounding on the front door. My friend asked them what they wanted and they just demaned he open his door. He did not open his front door and we we...
That's hard to say, because if the police want to see you prosecuted what actually happened isn't necessarily the exact account they will deliver if and when testifying at a preliminary hearing, or even trial.
Do they have to tell you why they're at your house or banging on your door? No. And your friend didn't have to open that door - they never entered without his agreement, right? And while yelling in the backyard, they were not on your frien'd property, right?
And the fact you gave them your license doesn't mean they would have taken it from you if you hadn't, right? They intimidated you, and acted like brutes. Not necessarily illegal.
You see, the police can state that they asked you to do something and you did it voluntarily. And they can say you couldn't have been worried about what would happen if you didn't agree because when your friend refused to open his door they didn't do anything.
they gave me 4 months to complete the class and i got injured and i spent that time in an area that got no electricity or internet access. just this month i graduated from school and i want to apply at some places and dont want this to effect my c...
If you really want to make it right get to the courthouse as a walk-in early in the morning and have the case added to the docket. when you're called and address the judge explain about the lack of power or internet service. To really do it right contact the medical people or company/hospital that cared for you during your illness and request proof - something in writing - that what you're telling the judge is true. Ditto for where you were staying and the lack of power/internet. If you have the documentation to substantiate your claim you'll be fine. If you don't and are just giving the judge a snow job he'll know.See question
I am 17 years old and was caught shoplifting at Walmart for $58 worth of merchandise and the police were called.. Clearly any attorney would know what happened next... I had a court date already. I attended this court date without a lawyer and pla...
I'd suggest you contact the D.A. office handling your case and make them aware of the document requesting payment you've received. Ask if you paying the requested amoujnt will suffice as a civil compromise. If they say "Yes," get it in writing and thren have them set a court date to accomplish it. If paying won't resolve the matter, and you won't gain anything by paying - will the injured party (Walmart) let the case be dismissed if you pay the requested amount? if so, it's worth it, providing the D.A. agrees in writing not to prosecute it -don't.See question
I received a speeding ticket. The officer said he clocked me with radar but the ticket only lists my speed and the posted limit. It has a box marked Radar/Laser which is empty and has 2 boxes marked Multi and Single, neither of which is checked of...
YOU, SIR, ARE CORRECT. IF RADAR WAS USED THE UNIT'S IDENTIFYING NUMBER SHOULD BE WRITTEN IN THE SPACE PROVIDED FOR IT ON THE CITATION. AND YOU WOULD BE ENTITLED TO THE RECORDS YOU MENTION. THE FACT THE OFFICER TOLD YOU HE USED RADAR THEN OMITTED THE UNIT FROM THE CITATION MAKES ME WONDER WHAT'S GOING ON...
THIS MIGHT BE A BASIC SPEED LAW CASE. IF SO, USING RADAR HAS SOME SPECIFIC PREREQUISITES. WHEN THE COP STARTS MENTIONING RADAR, OBJECT. HE'S REQUIRED TO PRODUCE A CERTIFIED COPY OF THE ENGINEERING AND TRAFFIC SURVEY THAT JUSTIFIES THE POSTED SPEED YOU ALLEGEDLY VIOLATED. WITHOUT A CERTIFIED COPY - NO SUBSTITUTES - THE COP IS PREVENTED FROM TESTIFYING AND THE COURT LACKS JURISDICTION TO CONVICT. YOU WIN.
HOWEVER, I'M THINKING OMISSION FO THE RADAR UNIT'S NUMBER WAS AN OVERSIGHT. AT TRIAL, LISTEN CAREFULLY TO HIS TESTIMONY. IF HE SAYS NOTHING ABOUT RADAR, ASK HIM WHEN IT'S YOUR TURN "DIDN'T YOU TELL ME YOU USED RADAR WHEN YOU STOPPED ME?" IF HE DENIES IT, ASK "YOU ENFORCE TRAFFIC RULES REGULARLY, DON'T YOU? ISN'T A RADAR UNIT ASSIGNED TO YOUR PATROL VEHICLE? WEREN'T YOU TRAINED IN HOW TO USE RADAR? WHAT PERCENTAGE OF CASES YOU TESTIFY IN ARE CASES WHERE RADAR WAS USED AND RELIED ON BY YOU DURING THE TRIAL? IF RADAR WAS NOT USED, HOW DID YOU DETERMINE MY SPEED? WHAT QUALIFICATIONS DO YOU HAVE FOR VISUAL ESTIMATION OF SPEED? DO YOU HAVE DOCUMENTATION OF THAT? WHAT FORMAL TRAINING DID YOU RECEIVE IN VISUALLY ESTIMATING SPEED? HOW OFTEN ARE YOU REQUIRED TO ATTEND REFRESHER COURSES IN IT? DID YOU? DO YOU HAVE DOCUMENTATION ESTABLISHING THAT FACT?"
ALSO, SEND AN INFORMAL DISCOVERY REQUEST ASKING FOR THE RADAR INFO. IF HE DEOSN'T COMPLY, YOU CAN TELL THE JUDGE AND DEMAND THE OFFICER NOT BE ALLOWED (PRECLUDED FROM) TESTIFYING.See question
Three weeks after being "flashed" at night in a construction zone along I-17 in the Verde Valley, I received a ticket in the mail. I have several concerns. As I was entering the construction area, I had slowed down to the speed limit posted on eac...
UNDERSTAND THIS: OTHER PEOPLE SPEEDING OR GOING FASTER THAN YOU IS NOT A DEFENSE TO YOUR SPEEDING. POLICE CAN SELECT ANY SPEEDER THEY WANT TO PROSECUTE. AND GOING JUST A LITTLE OVER THE SPEED LIMIT IS NOT A DEFENSE EITHER - 46 IN A 45 IS SPEEDING.
HERE'S ONE WAY OF DEALING WITH THIS: DEMURRER TO THE PHOTO RADAR TICKET. RATIONALE: A COPY OF THE NOTICE TO APPEAR IS NOT A LEGAL SUBSTITUTE FOR THE CRIMINAL COMPLAINT REQUIRED TO INITIATE PROSECUTION.
ENTER A NOT GUILTY PLEA AND REQUEST A TRIAL DATE. ON THAT DAY, WHEN CALLED, SAY TO THE JUDGE "I'M FILING A DEMURRER (FOR REASON STATED ABOVE). PENAL COE SECTION 1003 ALLOWS FILING A DEMURRER AT ARRAIGNMENT, WHICH I'M NOW DOING." GIVE PAPERS TO THE CLERK. HAVE ANOTHER COPY WITH YOU IN CASE JUDGE ASKS IF YOU'VE SERVED THE PROSECUTOR. USUALLY A PROSECUTOR ISN'T PRESENT AT TRAFFIC TRIALS, BUT IF THEY ARE, HAND A COPY TO THEM. IF THEY'RE NOT IN COURT, SAY "THE D.A. HAS IMPLIEDLY GIVEN UP THE RIGHT TO SERVICE BY NOT BEING PRESENT."
THE PENAL CODE REQUIRES THE DEMURRER TO BE HEARD IMMEDIATELY, BUT IF THE JUDGE SETS ANOTHER DATE FOR THE HEARING ON IT, RETURN ON THAT DATE AND SAY "THE BASIS FOR MY DEMURRER IS A NOTIE TO APPEAR WAS ISSUED IN A SITUATION REQUIRING A VERIFIED COMPLAINT BE USED. THERE WAS NO TRAFFIC STOP AND NO COMPLAINT HAS BEEN FILED"
IF HE RULES AGAINST YOU ENTER A NOT GUILTY PLEA.
AND CONSIDER THIS: YOU ARE ENTITLED TO SEE THE PHOTO TAKEN AUTOMATICALLY PRIOR TO YOUR TRIAL DATE. EXAMINE IT AND SEE IF THE PICTURE IS CLEAR AND LOOKS LIKE YOU. IF NOT, THERE'S REASONABLE DOUBT AS TO WHO WAS DRIVING - YOU WIN.See question
I Received a Photo speeding ticket for aprox 66mph in a posted 55mph zone in Phoenix Hwy 17 near Beth Home. Pic shows my car and me as the driver.There were many other cars with me and I was going with the traffic. - Can I ignore it?
YOU CANNOT AND SHOULD NOT IGNORE IT. THAT'S HOW BIG PROBLEMS START, BECAUSE IT WILL NOT JUST GO AWAY...IT'LL ALWAYS BE THERE, WAITING TO JUMP OUT AND BITE YOUR BACKSIDE. NOT ANSWERING WILL TRIGGER ISSUANCE OF A BENCH WARRANT AND ADD A FAILURE TO APPEAR CHARGE - A MISDEMEANOR AND $300 FINE, PLUS SUSPENSION OF YOUR LICENSE.
THE FACT OTHERS WERE SPEEDING DOES NOT HELP YOU - IF 10 CARS GO THROUGH A RED LIGHT AND THE COP SELECTS ONLY YOU TO STOP, YOU'RE CHARGED. PERIOD.
ENTER A NOT GUILTY PLEA, AND WHEN YOU GO TO COURT - AND DO GO TO COURT WHEN SCHEDULED - ASK THE JUDGE TO AMEND THE CITATION. HE CAN ADD A 2ND COUNT THAT DOESN'T CARRY ANY POINTS, AND DISMISS THE ORIGINAL CHARGE. SINCE IT IS ONLY A 66/55 HE'LL PROBABLY DO IT, PARTICULARLY IF HE KNOWS THE AREA AND THAT REGULAR TRAFFIC EXCEEDS THE POSTED SPEED LIMIT. YOU WILL HAVE TO PAY A FINE, BUT IT SHOULDN'T BE MUCH, AND YOU'LL SAVE YOURSELF THE POINTS. WHATEVER YOU DO, DO NOT - DO NOT - SIMPLY BLOW IT OFF.See question
While on vacation in Tempe AZ this past June I rented a car. A friend of mine was driving and I received a photo radar speeding ticket in the mail stating i was going 47 in a 35. The rental car was under my name, so they assume I was driving. ...
VEHICLE CODE SECTION 40518 & 40520 MAKE "PHOTO-RADAR" LEGAL IN CASES OF RUNNING RED LIGHTS; THERE'S SOME DEBATE ABOUT THEIR USE TO CHARGE A SPEEDING VIOLATION. WERE YOU TO GO TO COURT ON THIS MATTER THERE WOULDN'T BE AN OFFICER TO IDENTIFY YOU, OR TO TESTIFY AS TO THE ROAD, WEATHER AND TRAFFIC CONDITIONS. THE LATTER IS SIGNIFICANT BECAUSE A CHARGE OF 47/35 IS A BASIC SPEED LAW CASE, AND THE BASIC SPEED LAW SAYS YOU CAN ADMIT TO EXCEEDING THE POSTED SPEED LIMIT AND STILL BE FOUND NOT GUILTY IF YOU PROVE YOUR SPEED WAS NOT UNSAFE FOR THE CONDITIONS THAT EXISTED AT THE TIME. EVEN BETTER, THE PROSECUTION HAS THE BURDEN OF PROVING THE ROAD WHERE YOU WERE CITED ISN'T A SPEED TRAP, ILLEGAL UNDER CALIFORNIA'S VEHICLE CODE.
THE 5TH AMENDMENT PROVIDES YOU THE RIGHT TO REFUSE TO ADMIT TO BEING THE DRIVER. EVEN A CLEAR PHOTO OF SOMEONE DRIVING A VEHICLE REGISTERED TO YOU IS NOT ENOUGHT TO CONVICT YOU WHEN THE PERSON IN THE PHOTO DOESN'T RESEMBLE YOU.
YOU CAN ENTER A NOT GUILTY PLEA AND FORWARD A COPY OF YOUR DRIVER'S LICENSE WITH THE PHOTO OF YOU CLEARLY VISIBLE, AND SIMPLY OMIT ANSWERING THE "WHO WAS DRIVING?" QUERY. OR, IF YOU FEEL ADVENTUROUS, YOU CAN TRY THIS...
FILE A DEMURRER. RATIONALE: A COPY OF THE MAILED NOTICE TO APPEAR IS NOT A LEGAL SUBSTITUTE FOR THE CRIMINAL COMPLAINT REQUIRED TO BEGIN PROSECUTION. A NOTICE TO APPEAR IS A VALID SUBSTITUTE FOR A COMPLAINT BUT ONLY WHERE ISSUED BY AN OFFICER WHO OBSEVED THE VIOLATION OR ISSUED IT AS A RESULT OF AN ACCIDENT. CONTACT ME AND I'LL FORWARD A BLUEPRINT OF ONE TO YOU.
SINCE YOU DIDN'T SIGN THE NOTICE TO APPEAR, YOU DIDNT PROMISE TO APPEAR. YOU COULD JUST IGNORE IT ON THOSE GROUNDS. HOWEVER, IT'S POSSIBLE THE COURT WOULD THEN FILE A COMPLAINT AND ASK A WARRANT BE ISSUED FOR YOUR ARREST AND/OR YOUR LICENSE BE SUSPENDED, PARTICULARLY IF HANDLED BY AUTOMATED COMPUTERS THAT DON'T REALIZE YOUR CITATION WAS NEVER SIGNED.
IF, AS YOU DESCRIBE, THE PHOTO LOOKS NOTHING LIKE YOU, I'D SUGGEST SENDING YOUR LICENSE WITH A CLEAR PHOTO OF YOUR PICTURE ON IT ALONG WITH A NOT GUILTY PLEA, LEAVING THE "SNITCH" REQUEST VACANT, OR STATING "MY 5TH AMENDMENT RIGHT ALLOWS ME NOT TO ANSWER, OTHER THAN TO DENY BEING THE DRIVER, AS THESE PHOTOS PROVE..." GOOD LUCK!See question
I have what I've been told is a confusing or "touchy" traffic law situation. During 2006, I acquired around 6 or 7 speeding tickets (with ...
THE THING ABOUT FAILING TO APPEAR FOR A COURT TRAFFIC TRIAL IS THAT THE FAILURE TO APPEAR IS A MORE SERIOUS CHARGE THAN THE ORIGINAL SPEEDING TICKET. THE FTA IS A MISDEMEANOR. IT TRIGGERS A LICENSE SUSPENSION AND THE ISSUING OF A BENCH WARRANT FOR YOUR ARREST. IF YOU'VE BEEN DRIVING, YOU'VE BEEN VERY LUCKY THE POLICE HAVEN'T STOPPED YOU, EVEN FOR A BURNED OUT SIGNAL LIGHT, OR NOT WEARING A SEAT BELT. THEY'D RUN YOUR LICENSE, DISCOVER THE FTA'S, AND YOU'D GO TO JAIL. YOU MUST DEAL WITH THIS NOW - NOT NEXT WEEK, OR NEXT MONTH. COURTS WILL WORK WITH CITIZENS, BUT THEY LOOK VERY UNFAVORABLY ON SOMEONE SIMPLY NOT APPEARING AS THEY PROMISED TO DO - WHICH IS WHAT YOUR SIGNATURE ON THE CITATION ISSUED BY THE OFFICER IS - A PROMISE TO SHOW UP IN COURT.
I'M A TRAFFIC ATTORNEY. I HANDLE SITUATIONS LIKE YOURS REGULARLY - ALTHOUGH SIX FAILURES TO APPEAR WOULD BE A NEW RECORD FOR ME. THE GOOD THING IS THAT JUDGES WILL OFTEN DISMISS THE FTA ONCE YOU GO TO COURT AND EXPLAIN WHAT HAPPENED AND BEGIN THE PROCESS OF SETTLING YOUR DEBTS AND GETTING YOUR AFFAIRS IN ORDER.
THE SHEER NUMBER OF FTA MISDEMEANORS, HOWEVER, IS GOING TO MAKE ANY COURT OR JUDGE PRETTY ANNOYED. AND IT HAS BEEN THREE YEARS SINCE YOU FIRST GOT INTO TROUBLE. THAT'S WHY TIME IS OF THE ESSENCE IN DEALING WITH THIS SITUATION. PREPARE YOURSELF AS BEST YOU CAN - DOCUMENT WHAT WAS GOING ON IN YOUR LIFE AT THE TIME, THE PROBLEMS YOU WERE DEALING WITH, THE LACK OF A CAR, PHONE, ETC... IF YOU CAN BRING ANY DOCUMENTATION WITH YOU WHEN YOU FIRST GO TO COURT IT WILL HELP SOME.
EACH FTA CARRIES A $300 FINE, IN ADDITION TO THE FINE FOR THE ORIGINAL SPEEDING VIOLATION. BY NOW THE INTEREST AND PENALTIES ARE GOING TO BE CONSIDERABLE. DO NOT LET THAT STOP YOU FROM FACING UP TO THIS PROBLEM A.S.A.P.
CONTACT ME IF YOU'D LIKE FOR A MORE DETAILED ANALYSIS. GOOD LUCK. AND DON'T DELAY!See question
My daughter called the police one night and she was crying and told them that her husband threatened, harassed her and assaulted her. He was taken to police and charged with domestic violence. My daughter has a history of getting in fights and t...
TRUTH IS A GOOD DEFENSE IN THIS CASE, BECAUSE YOUR DAUGHTER'S MENTAL IMPAIRMENT WOULD BE A DEFENSE TO A CHARGE OF MALICIOUS PROSECUTION. IN OTHER WORDS, HAVE HER TELL THE POLICE SHE WAS IN A DISORIENTED, CONFUSED STATE WHEN SHE MADE THE CHARGE, AND NOW REALIZES SHE WAS DISORIENTED AND CONFUSED. IF SHE TAKES PRESCRIPTION MEDS AND DIDN'T TAKE THEM AS PRESCRIBED SHE WOULD ENTER A DISORIENTED STATE, AND FALSE, RECKLESS CLAIMS LIKE THE ONE YOU DESCRIBE COULD RESULT. THE FACT SHE WAS MENTALLY IMPAIRED WILL NEGATE THE INTENT REQUIREMENT FOR A MALICIOUS PROSECUTION CHARGE.
IF SHE'S UNDER A DOCTOR'S CARE - A PSYCHIATRIST'S IN THIS CASE - A LETTER OF EXPLANATION FROM THEM TO THE AUTHORITIES WOULD HELP ADD CREDENCE TO HER EXPLANATION. SIMPLY EXPLAINING THE MEDICATION SHE'S ON AND THE CONSEQUENCES OF HER NOT TAKING IT AS PRESCRIBED WOULD - SHOULD - ALL BUT PUT THIS SITUATION BEHIND YOUR SON-IN-LAW.
I WORKED AS A MENTAL HEALTH THERAPY AIDE FOR THREE YEARS WHILE GOING TO COLLEGE AND AM VERY FAMILIAR WITH THE DECOMPENSATION THAT OCCURS WHEN PSYCHIATRIC PATIENTS STOP TAKING THEIR REQUIRED MEDS. AT THAT POINT VIRTUALLY ANYTHING IS POSSIBLE, SO THE ANECTDOTES YOU DESCRIBE DO NOT SURPRISE ME AT ALL. GET YOUR DAUGHTER COMPENSATED - I.E. - BACK ON HER MEDS - AND SUGGEST THIS TO HER. GOOD LUCK!See question
I was driving one particular day up to see someone I knew, I was caught speeding, but, I was only doing 35 in a 30 mph zone, i am 18 and passed my test last November 2008, what is the worst that can happen? I have had my letter, Do I just fill it ...
WHAT YOU DO IS FILL OUT THE CITATION BY CHECKING THE "NOT GUILTY" BOX AND REQUESTING A COURT TRIAL. RETURN IT TO THE COURT AND YOU'LL BE NOTIFIED OF THE DATE AND TIME YOUR TRIAL WILL BE HELD.
ON THAT DAY AND AT THAT TIME GET TO COURT EARLY AND LOOK FOR THE OFFICER WHO ISSUED YOU THE TICKET. BE POLITE AND RESPECTFUL AND MOTION TO THEM THAT YOU'D LIKE TO HAVE A WORD WITH THEM. ASK IF THEY'D DISMISS THE CASE, CONSIDERING IT'S ONLY 5MPH OVER THE LIMIT. AND IF THEY WON'T DO THAT ASK IF THEY'LL AMEND THE CITATION TO A NO-POINT INFRACTION.
IF THE OFFCIER DOESN'T SHOW UP WHEN THE TRIAL IS SCHEDULED, YOUR CASE WILL BE DISMISSED (UNLESS HE CALLS THE COURT WITH A GOOD EXCUSE). THE GROUNDS - IF YOU'RE ASKED - ARE "DISMISSAL FOR LACK OF PROSECUTION."
HERE IN CALIFORNIA, A TICKET AT 35MPH IN A 30MPH ZONE WOULD BE A "BASIC SPEED LAW" CASE - A GREAT ONE TO FIGHT. IN A NUTSHELL, AT THE SPEED YOU'VE BEEN CITED FOR, THE OFFICER HAS TO PRODUCE A CERTIFIED COPY OF WHAT'S CALLED AN "ENGINEERING AND TRAFFIC SURVEY." HE MUST PRODUCE THIS AT YOUR TRIAL IF HE WANTS TO INTRODUCE EVIDENCE OF ANY RADAR READINGS. AT THE VERY MENTION OF THE WORD "RADAR" OBJECT AND SAY "THE OFFCIER HASN'T LAID A FOUNDATION FOR THE INTRODUCTION OF RADAR EVIDENCE."
NOTHING SHORT OF A CERTIFIED COPY OF THE SURVEY WILL DO. AND THE SURVEY MUST JUSTIFY THE SPEED LIMIT WHERE YOU WERE CITED, WHICH REQUIRES A STATISTICAL ANALYSIS OF TRAFFIC THROUGH THE AREA AND 85% OF THAT TRAFFIC TO TRAVEL AT A SPEED WITHIN 5MPH OF THE SPEED LIMIT YOU ARE ACCUSED OF VIOLATING. SETTING A SPEED MORE THAN 5MPH BELOW THAT AT WHICH 85% OF MOTORISTS TRAVEL WOULD MAKE TOO MANY OF THEM LAW-BREAKERS.
WITHOUT THE SURVEY, OR IF THE SURVEY FAILS TO JUSTIFY THE POSTED SPEED LIMIT, THE RAMIFICATIONS ARE BEAUTIFUL - FOR YOU. NOT ONLY CAN'T THE OFFICER INTRODUCE EVIDENCE OF RADAR READINGS, HE'S PREVENTED FROM TESTIFYING FROM HIS OWN PERSONAL OBSERVATIONS, TOO. AND - BEST OF ALL - THE COURT IS DEEMED TO LACK JURISDICTION TO RULE ON THE CASE. IT CAN'T CONVICT YOU EVEN IF IT WANTS TO. CASE DISMISSED - YOU WIN!!!!!See question