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this post was submitted on 10 Oct 2024
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No Stupid Questions
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Do I need a public defender? I didn't intentionally do anything wrong I just didn't know my license was expired? I've got a clean record it was just a mistake.
Probably not. By the sounds of it, it's "just" traffic court... You'll be herded into a courtroom with a couple dozen others, and each of you will be called in turn to speak to the judge. Kinda like a pop quiz. You'll be told your charge and be asked a few questions. If you're polite and genuine you'll likely get off easy, since people LOVE to fight back and dig their hole deeper.
Back in high school I was in a similar situation, and basically got it completely dismissed because I was young and it was my first ever infraction.
IANAL
Yeah,.even ignoring the joke comments that are funny, alot of people are saying I should fight. I doubt that would be a good idea. It was an honest mistake and I've got a clean record. I think being honest is my best bet.
Traffic court, while yes it's a court of law, is a bit more relaxed. Judges have far more leeway and they have a long docket.
You're not the only one being seen and the judge wants to go home on time.
Be honest, courteous. In the rare event that the police officer starts saying things that are completely egregious, plead the fifth and ask for a continuance. Tell the judge that these facts are new to you and you'll need time to assert a defense.
The judge may ask what you thought the charges were. Say something along the lines of, "Without waiving my fifth amendment right to self incrimination, my understanding is that I'm being charged for driving with an expired license."
But this should be rare. Judges don't like surprises either.
Again, remember that this is traffic court. Everyone is busy. If you're a dick, they won't have patience for you.
I went to court for a traffic ticket and the cop didn’t show up, so I didn’t get charged with anything. Poof, gone. Just be honest and courteous and you’ll be as fine as you can be given the situation.
if you didn't go to jail, not that big of a deal. get it fixed, go to court and explain. mistakes happen, you didn't run anyone over. you might get a fine, shit happens.
it's public too, go to your local court during traffic court, you can sit in. usually early morning, listen to other cases and see how it works, then you'll have a better idea.
I've heard of people having luck going in with their renewed license. I can't attest to it personally, and of course your mileage may vary
this is what I'd do. especially if it was an honest mistake, fix it, show you're not a problem, move on.
depends on your state but generally fighting will cost you a lot oi time and you lose anyway - then the judge mad at the waste of time throws the max fine or even jail at you. Just plead guilty pay the $50 fine and move on - it probably will be that cheap.
When I used to work in a prosecutor's office, in a situation like this where the person has a clean record and comes in for an expired license, as long as you renewed the license before your court date, we would just dismiss the charges as long as you're respectful of the court and the process. Dress well. If court opens at 9:00 a.m., get there at 8:30 a.m.
You will see defense attorneys milling about. You could ask one of them where to go to talk to a prosecutor. Usually prosecutors would start calling cases at 8:30 a.m. to make deals and see what defenses people are going to raise before the judge began calling the docket.
Just talk about how squeaky clean your record is and how you didn't know your license was expired, how you went and got it renewed as soon as you found out, and you'd appreciate it if they'd dropped on your promise never to meet again.
I assume this is not for a trial appearance. This is a preliminary proceeding. Procedure may be completely different in your state.
I am not your lawyer.
Dude it's your first offense. Just go in there dressed nice, when asked, plead guilty with a request for leniency while being completely honest. They will most likely give you a slap on the wrist and make you pay for the court fees. That's it.
In most traffic courts, you don’t really need a lawyer unless it’s a serious and/or criminal offense.
You might not even get a public defender. Is an expired license at the same level as a speeding ticket in your area? If so, your government might only assign public defenders to 'criminal' charges with potential jail times. Just be aware of that before you start desperately trying to find one that doesn't 'exist.'
I've not known traffic court to use attorneys but your jurisdiction may vary
I’d still take one if that’s an option. A lawyer isn’t just somebody to defend you. They’re the ones best suited to guide you through the legal process.
You want the court to know it was a mistake? Ok, here’s how we argue that in such a way that it’s not admitting fault for some other legal aspect you need to be mindful of. And here’s a point we can make to see if they’ll change it to this other violation that has less of a penalty or doesn’t result in large premium increases with your insurance.
That's something to consider. I just don't want to seem like I'm being difficult to the judge.
If you know a lawer ask, but odds are they wilh say you are better off without them for something this small.
Having representation isn’t difficult. And actually helps streamline the process for the court.
You’re not walking in there with high power lawyers after arguing for weeks about various things.
If there’s a PD you can listen to them and follow their advice. They’re so overworked it won’t be as effective as having your own but will still be better than none.
Don’t know where you are from but at least in 🦅 country you have a right to counsel. Thats works out to usually being assigned counsel (public defender) as soon as possible in the interest of justice. For a standard ticket you will probably have this settled within two court dates, your fees and other associated charges may not be so nice.
You only have that right when it's a charge with a certain amount of weight, like prison time or a felony.
Any “Serious crime” which the SCOTUS delineated long ago as anything where you may face more than 6 months incarceration which lines up with just about anything.
Oh you'd be surprised what they've stuck under it. For example there's a whole cottage industry in sending people to prison for being unable to pay debt. Said debt was incurred on a misdemeanor with no prison time so there was no lawyer and the debtor's prison isn't a trial so there's still no lawyer.