Fairfax County General :
Fairfax Underground
Welcome to Fairfax Underground, a project site designed to improve communication among residents of Fairfax County, VA. Feel free to post anything Northern Virginia residents would find interesting.
Welcome to Fairfax Underground, a project site designed to improve communication among residents of Fairfax County, VA. Feel free to post anything Northern Virginia residents would find interesting.
Cops not showing up to Traffic court, No dismissals.
Posted by:
RichardAnderson
()
Date: May 16, 2018 06:27PM
If the cop that issued you a ticket does not
show up to court, Fairfax will make you come
back another day or take a guilty verdict.
show up to court, Fairfax will make you come
back another day or take a guilty verdict.
Re: Cops not showing up to Traffic court, No dismissals.
Posted by:
William
()
Date: May 16, 2018 07:27PM
“Take a guilty verdict” what the hell does that mean? Yes most time they will let you plead guilty. If you wish to plead not guilty they will most likely continue it. They will not have a trial that will result I’m a verdict.
Re: Cops not showing up to Traffic court, No dismissals.
Posted by:
What is the truth?
()
Date: May 16, 2018 07:42PM
I haven't "earned" many traffic tickets, but I was under the impression that if the officer is a no show, then offender walks for free.
Re: Cops not showing up to Traffic court, No dismissals.
Posted by:
Greybeard
()
Date: May 16, 2018 08:12PM
What is the truth? Wrote:
-------------------------------------------------------
> I haven't "earned" many traffic tickets, but I was
> under the impression that if the officer is a no
> show, then offender walks for free.
IANAL but my understanding is that this depends on the state.
-------------------------------------------------------
> I haven't "earned" many traffic tickets, but I was
> under the impression that if the officer is a no
> show, then offender walks for free.
IANAL but my understanding is that this depends on the state.
Re: Cops not showing up to Traffic court, No dismissals.
Posted by:
EML
()
Date: May 16, 2018 08:47PM
There is no legal requirement that the court kick the charges just because the officer is not present. The prosecution can request a continuance just like the defense. Officer unavailability on the first return date is considered to be a legitimate reason for continuing the case. If the prosecution had already requested one continuance, it would normally be considered an abuse of discretion for the judge to grant a second continuance because the officer failed to appear.
The problem with the practice of some judges is that any continuance request is supposed to be made by a party or by the party's attorney. It isn't supposed to be something the judge does on his own. That means that if the officer isn't present the Assistant Commonwealth Attorney for that courtroom should be standing in front of the judge when the officer's cases are called, and for each one ask the judge for a continuance. A judge who is willing to forgo this formality has forfeited the appearance of impartiality, and should recuse him or herself from further participation in the proceedings.
The problem with the practice of some judges is that any continuance request is supposed to be made by a party or by the party's attorney. It isn't supposed to be something the judge does on his own. That means that if the officer isn't present the Assistant Commonwealth Attorney for that courtroom should be standing in front of the judge when the officer's cases are called, and for each one ask the judge for a continuance. A judge who is willing to forgo this formality has forfeited the appearance of impartiality, and should recuse him or herself from further participation in the proceedings.
Re: Cops not showing up to Traffic court, No dismissals.
Posted by:
Former Cop
()
Date: May 16, 2018 09:28PM
It depends on the judge. Some judges will continue the case and some by principal will dismiss it. For felonies the judge can dismiss it,just so the CA can indict you again.
Re: Cops not showing up to Traffic court, No dismissals.
Posted by:
...in the 22039
()
Date: May 16, 2018 09:48PM
If I took time to show up to court for a ticket, the officer should certainly be there or I’ll ask it be dismissed since I cannot question or face my accuser.
If the Commonwealth Atty isn’t prepared otherwise, they had better agree.
Article VI of The US Constitution is in my favor.
If the Commonwealth Atty isn’t prepared otherwise, they had better agree.
Article VI of The US Constitution is in my favor.
Re: Cops not showing up to Traffic court, No dismissals.
Posted by:
Do u have a pocket Constitution?
()
Date: May 16, 2018 11:00PM
...in the 22039 Wrote:
-------------------------------------------------------
> If I took time to show up to court for a ticket,
> the officer should certainly be there or I’ll
> ask it be dismissed since I cannot question or
> face my accuser.
>
> If the Commonwealth Atty isn’t prepared
> otherwise, they had better agree.
> Article VI of The US Constitution is in my favor.
Great. Do you know criminal procedure as well as Constitutional law? Because the prosecutor has the right to ask for a continuance, and if the judge grants it, they simply set another date for the hearing. So no, you don't automatically win just because the cop doesn't show.
-------------------------------------------------------
> If I took time to show up to court for a ticket,
> the officer should certainly be there or I’ll
> ask it be dismissed since I cannot question or
> face my accuser.
>
> If the Commonwealth Atty isn’t prepared
> otherwise, they had better agree.
> Article VI of The US Constitution is in my favor.
Great. Do you know criminal procedure as well as Constitutional law? Because the prosecutor has the right to ask for a continuance, and if the judge grants it, they simply set another date for the hearing. So no, you don't automatically win just because the cop doesn't show.
Re: Cops not showing up to Traffic court, No dismissals.
Posted by:
...in the 22039
()
Date: May 17, 2018 06:43AM
Do u have a pocket Constitution? Wrote:
-------------------------------------------------------
> ...in the 22039 Wrote:
> --------------------------------------------------
> -----
> > If I took time to show up to court for a
> ticket,
> > the officer should certainly be there or I’ll
> > ask it be dismissed since I cannot question or
> > face my accuser.
> >
> > If the Commonwealth Atty isn’t prepared
> > otherwise, they had better agree.
> > Article VI of The US Constitution is in my
> favor.
>
> Great. Do you know criminal procedure as well as
> Constitutional law? Because the prosecutor has
> the right to ask for a continuance, and if the
> judge grants it, they simply set another date for
> the hearing. So no, you don't automatically win
> just because the cop doesn't show.
To be clear, unlike the officer, who is the accuser in these caes, we are, as defendants, not paid to be in court.
If I took my time to come to court, I have a reasonable expectation for a fair, impartial, and speedy trial.
If I want to file a continuance, that’s my right btw. Thanks
-------------------------------------------------------
> ...in the 22039 Wrote:
> --------------------------------------------------
> -----
> > If I took time to show up to court for a
> ticket,
> > the officer should certainly be there or I’ll
> > ask it be dismissed since I cannot question or
> > face my accuser.
> >
> > If the Commonwealth Atty isn’t prepared
> > otherwise, they had better agree.
> > Article VI of The US Constitution is in my
> favor.
>
> Great. Do you know criminal procedure as well as
> Constitutional law? Because the prosecutor has
> the right to ask for a continuance, and if the
> judge grants it, they simply set another date for
> the hearing. So no, you don't automatically win
> just because the cop doesn't show.
To be clear, unlike the officer, who is the accuser in these caes, we are, as defendants, not paid to be in court.
If I took my time to come to court, I have a reasonable expectation for a fair, impartial, and speedy trial.
If I want to file a continuance, that’s my right btw. Thanks
Re: Cops not showing up to Traffic court, No dismissals.
Posted by:
btgcv
()
Date: May 17, 2018 08:34AM
You are in FFX County. That means you are automatically GUILTY! I've been to traffic court and the crap people try to pull is hilarious. I was in Court for two hours before my name was called and more than 90% of the people before me pleaded "not guilty". Guess what.........THE JUDGE FOUND ALMOST EVERYONE OF THEM GUILTY! I think there may have been 2 or 3 that got lucky.
Myself...........I knew I was guilty so that's what I pleaded. Charges were dropped to a lesser charge and I was out of there in less than 5 minutes after making my plea and the officer stating the case.
REMEMBER........THIS IS FFX COUNTY.........THEY REALLY DON'T GIVE A FUCK AND WANT TO HEAR YOUR SHIT........YOU'RE GUILTY!
Myself...........I knew I was guilty so that's what I pleaded. Charges were dropped to a lesser charge and I was out of there in less than 5 minutes after making my plea and the officer stating the case.
REMEMBER........THIS IS FFX COUNTY.........THEY REALLY DON'T GIVE A FUCK AND WANT TO HEAR YOUR SHIT........YOU'RE GUILTY!
Re: Cops not showing up to Traffic court, No dismissals.
Posted by:
Welcome to the ADC
()
Date: May 17, 2018 08:59AM
Lots of lying going on above. Laws are written to keep morons and douchebags from messing things up for the rest of us. If you have the option of pleading guilty and sending in a check for the appointed fine, do that. If you force the County into the time and expense of an actual trial, you'd better have a really good story to tell. If not, you're going to get your ass handed to you, and deservedly so.
Re: Cops not showing up to Traffic court, No dismissals.
Posted by:
Faggot Trone posters
()
Date: May 17, 2018 09:38AM
You immediately ask for motion to dismiss. Then, if you are found guilty of the traffic charge, you appeal on judges partiality to the police.
Did this in Richmond in 2008.
The judge chuckled but granted it.
Did this in Richmond in 2008.
The judge chuckled but granted it.
Re: Cops not showing up to Traffic court, No dismissals.
Posted by:
Welcome to the ADC
()
Date: May 17, 2018 10:04AM
Faggot Trone posters Wrote:
-------------------------------------------------------
> You immediately ask for motion to dismiss.
You'll need a lawyer to do that in Fairfax.
-------------------------------------------------------
> You immediately ask for motion to dismiss.
You'll need a lawyer to do that in Fairfax.
Re: Cops not showing up to Traffic court, No dismissals.
Posted by:
...in the 22039
()
Date: May 17, 2018 10:10AM
Welcome to the ADC Wrote:
-------------------------------------------------------
>
> You'll need a lawyer to do that in Fairfax.
No, one does not need a lawyer to do that.
Real interesting how the perception of things of such matter. Sad, really.
-------------------------------------------------------
>
> You'll need a lawyer to do that in Fairfax.
No, one does not need a lawyer to do that.
Real interesting how the perception of things of such matter. Sad, really.
Re: Cops not showing up to Traffic court, No dismissals.
Posted by:
Welcome to the ADC
()
Date: May 17, 2018 10:37AM
A traffic defendant in Fairfax may not have conversation with prosecutors and may not address the court except in response to inquiries from the bench. You need a lawyer to be able to do those things.
Re: Cops not showing up to Traffic court, No dismissals.
Posted by:
...in the 22039
()
Date: May 17, 2018 11:37AM
Welcome to the ADC Wrote:
-------------------------------------------------------
> A traffic defendant in Fairfax may not have
> conversation with prosecutors and may not address
> the court except in response to inquiries from the
> bench. You need a lawyer to be able to do those
> things.
So what. If I were in court, I'd make my case tot he judge, who presides over the court, and not the commonwealth attorney.
I have, with success, had cases dismissed when officers haven't shown. Thanks, bye.
-------------------------------------------------------
> A traffic defendant in Fairfax may not have
> conversation with prosecutors and may not address
> the court except in response to inquiries from the
> bench. You need a lawyer to be able to do those
> things.
So what. If I were in court, I'd make my case tot he judge, who presides over the court, and not the commonwealth attorney.
I have, with success, had cases dismissed when officers haven't shown. Thanks, bye.
Re: Cops not showing up to Traffic court, No dismissals.
Posted by:
Welcome to the ADC
()
Date: May 17, 2018 12:07PM
If you were in court in Fairfax, you would do what the judge told you to do, starting with shut up.
Re: Cops not showing up to Traffic court, No dismissals.
Posted by:
Which is it?
()
Date: May 17, 2018 12:13PM
Pro se to the mofos that say you need an attorney to address the court.
These shade tree lawyers on this forum are stinky buttholes.
These shade tree lawyers on this forum are stinky buttholes.
Re: Cops not showing up to Traffic court, No dismissals.
Posted by:
SouthRiding.Scofflaw
()
Date: May 17, 2018 01:23PM
In 16 years of licensed driving, I've been summoned to court 5 times for various moving ciolations...and I've never received a guilty, verdict, never paid a fine, never paid court costs, never hired nor paid for an attorney and never received points.
A few days after I receive my summons, I contact the clerk of the court and submit a written request for a continuance. Typically, I've been allowed 3 continuances on each of my summonses before the judge states if I do not appear, I'll be tried in absentia.
3 continuances typically extends my court date from 30 days after the event date to 8 months after the event date. Cops are human, too. They get sick, get promoted, forget a court date on a case issued 3 continuances, forget details of my case because it happened so long ago they can't remember anything or lost their notes, retire, quit, get reassigned, get shot and killed, etc...and when my cases finally come up, they are usually not there or I'm found not guilty because the cop did not aquit themselves well enough in court to influence the judge to render a guilty verdict.
The system favors the prosecution and law enforcement but, use the system as a defendant when and where you can.
A few days after I receive my summons, I contact the clerk of the court and submit a written request for a continuance. Typically, I've been allowed 3 continuances on each of my summonses before the judge states if I do not appear, I'll be tried in absentia.
3 continuances typically extends my court date from 30 days after the event date to 8 months after the event date. Cops are human, too. They get sick, get promoted, forget a court date on a case issued 3 continuances, forget details of my case because it happened so long ago they can't remember anything or lost their notes, retire, quit, get reassigned, get shot and killed, etc...and when my cases finally come up, they are usually not there or I'm found not guilty because the cop did not aquit themselves well enough in court to influence the judge to render a guilty verdict.
The system favors the prosecution and law enforcement but, use the system as a defendant when and where you can.
Re: Cops not showing up to Traffic court, No dismissals.
Posted by:
Liars Don't Go to Heaven
()
Date: May 17, 2018 03:35PM
SouthRiding.Scofflaw Wrote:
-------------------------------------------------------
> In 16 years of licensed driving, I've been
> summoned to court 5 times for various moving
> ciolations...and I've never received a guilty,
> verdict, never paid a fine, never paid court
> costs, never hired nor paid for an attorney and
> never received points.
>
> A few days after I receive my summons, I contact
> the clerk of the court and submit a written
> request for a continuance. Typically, I've been
> allowed 3 continuances on each of my summonses
> before the judge states if I do not appear, I'll
> be tried in absentia.
>
> 3 continuances typically extends my court date
> from 30 days after the event date to 8 months
> after the event date. Cops are human, too. They
> get sick, get promoted, forget a court date on a
> case issued 3 continuances, forget details of my
> case because it happened so long ago they can't
> remember anything or lost their notes, retire,
> quit, get reassigned, get shot and killed,
> etc...and when my cases finally come up, they are
> usually not there or I'm found not guilty because
> the cop did not aquit themselves well enough in
> court to influence the judge to render a guilty
> verdict.
>
> The system favors the prosecution and law
> enforcement but, use the system as a defendant
> when and where you can.
But aren't you required to provide a REASON for the continuance, like "I will be out of town on business", etc. in order to be granted one?
AND WOULDN'T THAT JUST MAKE YOU NOTHING MORE THAN A LIAR??
If you want to LIE to the Court to save money and avoid admitting GUILT, then your methods are not for me.
I feel better about owning up to my actions and actually have a conscience before the Living God.
Good day!!
-------------------------------------------------------
> In 16 years of licensed driving, I've been
> summoned to court 5 times for various moving
> ciolations...and I've never received a guilty,
> verdict, never paid a fine, never paid court
> costs, never hired nor paid for an attorney and
> never received points.
>
> A few days after I receive my summons, I contact
> the clerk of the court and submit a written
> request for a continuance. Typically, I've been
> allowed 3 continuances on each of my summonses
> before the judge states if I do not appear, I'll
> be tried in absentia.
>
> 3 continuances typically extends my court date
> from 30 days after the event date to 8 months
> after the event date. Cops are human, too. They
> get sick, get promoted, forget a court date on a
> case issued 3 continuances, forget details of my
> case because it happened so long ago they can't
> remember anything or lost their notes, retire,
> quit, get reassigned, get shot and killed,
> etc...and when my cases finally come up, they are
> usually not there or I'm found not guilty because
> the cop did not aquit themselves well enough in
> court to influence the judge to render a guilty
> verdict.
>
> The system favors the prosecution and law
> enforcement but, use the system as a defendant
> when and where you can.
But aren't you required to provide a REASON for the continuance, like "I will be out of town on business", etc. in order to be granted one?
AND WOULDN'T THAT JUST MAKE YOU NOTHING MORE THAN A LIAR??
If you want to LIE to the Court to save money and avoid admitting GUILT, then your methods are not for me.
I feel better about owning up to my actions and actually have a conscience before the Living God.
Good day!!
Re: Cops not showing up to Traffic court, No dismissals.
Posted by:
Fuck pigs!
()
Date: May 17, 2018 06:09PM
FUCK FFX TRAFFIC COPS. I’d knock your teeth in if you’d take off your gear
Re: Cops not showing up to Traffic court, No dismissals.
Posted by:
bullshit mofo
()
Date: May 17, 2018 06:44PM
SouthRiding.Scofflaw Wrote:
-------------------------------------------------------
> In 16 years of licensed driving, I've been
> summoned to court 5 times for various moving
> ciolations...and I've never received a guilty,
> verdict, never paid a fine, never paid court
> costs, never hired nor paid for an attorney and
> never received points.
>
> A few days after I receive my summons, I contact
> the clerk of the court and submit a written
> request for a continuance. Typically, I've been
> allowed 3 continuances on each of my summonses
> before the judge states if I do not appear, I'll
> be tried in absentia.
>
> 3 continuances typically extends my court date
> from 30 days after the event date to 8 months
> after the event date. Cops are human, too. They
> get sick, get promoted, forget a court date on a
> case issued 3 continuances, forget details of my
> case because it happened so long ago they can't
> remember anything or lost their notes, retire,
> quit, get reassigned, get shot and killed,
> etc...and when my cases finally come up, they are
> usually not there or I'm found not guilty because
> the cop did not aquit themselves well enough in
> court to influence the judge to render a guilty
> verdict.
>
> The system favors the prosecution and law
> enforcement but, use the system as a defendant
> when and where you can.
Bullshit. You need to file a motion and the judge says yes or no.
3 continuances? Bullshit. One continuance maybe
-------------------------------------------------------
> In 16 years of licensed driving, I've been
> summoned to court 5 times for various moving
> ciolations...and I've never received a guilty,
> verdict, never paid a fine, never paid court
> costs, never hired nor paid for an attorney and
> never received points.
>
> A few days after I receive my summons, I contact
> the clerk of the court and submit a written
> request for a continuance. Typically, I've been
> allowed 3 continuances on each of my summonses
> before the judge states if I do not appear, I'll
> be tried in absentia.
>
> 3 continuances typically extends my court date
> from 30 days after the event date to 8 months
> after the event date. Cops are human, too. They
> get sick, get promoted, forget a court date on a
> case issued 3 continuances, forget details of my
> case because it happened so long ago they can't
> remember anything or lost their notes, retire,
> quit, get reassigned, get shot and killed,
> etc...and when my cases finally come up, they are
> usually not there or I'm found not guilty because
> the cop did not aquit themselves well enough in
> court to influence the judge to render a guilty
> verdict.
>
> The system favors the prosecution and law
> enforcement but, use the system as a defendant
> when and where you can.
Bullshit. You need to file a motion and the judge says yes or no.
3 continuances? Bullshit. One continuance maybe
Re: Cops not showing up to Traffic court, No dismissals.
Posted by:
Morons abound
()
Date: May 17, 2018 08:25PM
btgcv Wrote:
-------------------------------------------------------
> You are in FFX County. That means you are
> automatically GUILTY! I've been to traffic court
> and the crap people try to pull is hilarious. I
> was in Court for two hours before my name was
> called and more than 90% of the people before me
> pleaded "not guilty". Guess what.........THE
> JUDGE FOUND ALMOST EVERYONE OF THEM GUILTY! I
> think there may have been 2 or 3 that got lucky.
>
> Myself...........I knew I was guilty so that's
> what I pleaded. Charges were dropped to a lesser
> charge and I was out of there in less than 5
> minutes after making my plea and the officer
> stating the case.
>
> REMEMBER........THIS IS FFX COUNTY.........THEY
> REALLY DON'T GIVE A FUCK AND WANT TO HEAR YOUR
> SHIT........YOU'RE GUILTY!
Let me see if I have this straight:
- you saw a bunch of people try to plead "not guilty" and then use ridiculous excuses
- you pleaded guilty
Somehow this equates to being "automatically guilty"? Son, I'd love to sell you a bridge.
-------------------------------------------------------
> You are in FFX County. That means you are
> automatically GUILTY! I've been to traffic court
> and the crap people try to pull is hilarious. I
> was in Court for two hours before my name was
> called and more than 90% of the people before me
> pleaded "not guilty". Guess what.........THE
> JUDGE FOUND ALMOST EVERYONE OF THEM GUILTY! I
> think there may have been 2 or 3 that got lucky.
>
> Myself...........I knew I was guilty so that's
> what I pleaded. Charges were dropped to a lesser
> charge and I was out of there in less than 5
> minutes after making my plea and the officer
> stating the case.
>
> REMEMBER........THIS IS FFX COUNTY.........THEY
> REALLY DON'T GIVE A FUCK AND WANT TO HEAR YOUR
> SHIT........YOU'RE GUILTY!
Let me see if I have this straight:
- you saw a bunch of people try to plead "not guilty" and then use ridiculous excuses
- you pleaded guilty
Somehow this equates to being "automatically guilty"? Son, I'd love to sell you a bridge.
Re: Cops not showing up to Traffic court, No dismissals.
Posted by:
Noice
()
Date: May 18, 2018 01:42AM
bullshit mofo Wrote:
-------------------------------------------------------
> SouthRiding.Scofflaw Wrote:
> --------------------------------------------------
> -----
> > In 16 years of licensed driving, I've been
> > summoned to court 5 times for various moving
> > ciolations...and I've never received a guilty,
> > verdict, never paid a fine, never paid court
> > costs, never hired nor paid for an attorney and
> > never received points.
> >
> > A few days after I receive my summons, I
> contact
> > the clerk of the court and submit a written
> > request for a continuance. Typically, I've been
> > allowed 3 continuances on each of my summonses
> > before the judge states if I do not appear,
> I'll
> > be tried in absentia.
> >
> > 3 continuances typically extends my court date
> > from 30 days after the event date to 8 months
> > after the event date. Cops are human, too. They
> > get sick, get promoted, forget a court date on
> a
> > case issued 3 continuances, forget details of
> my
> > case because it happened so long ago they can't
> > remember anything or lost their notes, retire,
> > quit, get reassigned, get shot and killed,
> > etc...and when my cases finally come up, they
> are
> > usually not there or I'm found not guilty
> because
> > the cop did not aquit themselves well enough in
> > court to influence the judge to render a guilty
> > verdict.
> >
> > The system favors the prosecution and law
> > enforcement but, use the system as a defendant
> > when and where you can.
>
> Bullshit. You need to file a motion and the judge
> says yes or no.
> 3 continuances? Bullshit. One continuance maybe
Pretty sure if you show up to court, whether you are found guilty or innocent, you have to pay court costs. Its the one fee you cannot get out of.
-------------------------------------------------------
> SouthRiding.Scofflaw Wrote:
> --------------------------------------------------
> -----
> > In 16 years of licensed driving, I've been
> > summoned to court 5 times for various moving
> > ciolations...and I've never received a guilty,
> > verdict, never paid a fine, never paid court
> > costs, never hired nor paid for an attorney and
> > never received points.
> >
> > A few days after I receive my summons, I
> contact
> > the clerk of the court and submit a written
> > request for a continuance. Typically, I've been
> > allowed 3 continuances on each of my summonses
> > before the judge states if I do not appear,
> I'll
> > be tried in absentia.
> >
> > 3 continuances typically extends my court date
> > from 30 days after the event date to 8 months
> > after the event date. Cops are human, too. They
> > get sick, get promoted, forget a court date on
> a
> > case issued 3 continuances, forget details of
> my
> > case because it happened so long ago they can't
> > remember anything or lost their notes, retire,
> > quit, get reassigned, get shot and killed,
> > etc...and when my cases finally come up, they
> are
> > usually not there or I'm found not guilty
> because
> > the cop did not aquit themselves well enough in
> > court to influence the judge to render a guilty
> > verdict.
> >
> > The system favors the prosecution and law
> > enforcement but, use the system as a defendant
> > when and where you can.
>
> Bullshit. You need to file a motion and the judge
> says yes or no.
> 3 continuances? Bullshit. One continuance maybe
Pretty sure if you show up to court, whether you are found guilty or innocent, you have to pay court costs. Its the one fee you cannot get out of.
Re: Cops not showing up to Traffic court, No dismissals.
Posted by:
...in the 22039
()
Date: May 18, 2018 07:05AM
Not guilty / dismissed = no court costs.
Question: does Fairfax County PS still teach in govt. or civics classes, how court system works? We learned all this in 4th grade, then reinforced in later years.
Remember:
INNOCENT UNTIL PROVEN GUILTY - and not your job to prove the case for the state. Geez.
Question: does Fairfax County PS still teach in govt. or civics classes, how court system works? We learned all this in 4th grade, then reinforced in later years.
Remember:
INNOCENT UNTIL PROVEN GUILTY - and not your job to prove the case for the state. Geez.
Re: Cops not showing up to Traffic court, No dismissals.
Posted by:
HughHoffman
()
Date: May 25, 2018 03:55PM
EML Wrote:
-------------------------------------------------------
> There is no legal requirement that the court kick
> the charges just because the officer is not
> present. The prosecution can request a
> continuance just like the defense. Officer
> unavailability on the first return date is
> considered to be a legitimate reason for
> continuing the case. If the prosecution had
> already requested one continuance, it would
> normally be considered an abuse of discretion for
> the judge to grant a second continuance because
> the officer failed to appear.
>
> The problem with the practice of some judges is
> that any continuance request is supposed to be
> made by a party or by the party's attorney. It
> isn't supposed to be something the judge does on
> his own. That means that if the officer isn't
> present the Assistant Commonwealth Attorney for
> that courtroom should be standing in front of the
> judge when the officer's cases are called, and for
> each one ask the judge for a continuance. A judge
> who is willing to forgo this formality has
> forfeited the appearance of impartiality, and
> should recuse him or herself from further
> participation in the proceedings.
Exactly, the judge is not allowed to play prosecutor.
This is what happened when the cop didnt show up for my case:
The cases go by order of issuing cop, so each cop steps up and all their defendants get called up individually. After watching all the other cops and all their cases (bout 2hrs+) the judge announces that our cop called in sick and will not be there. The judge tells us all that if we are planning on pleading not guilty he will do a continuance (we will have to take more time off work, pay their dumbass fuckin parking fee again or find free parking a mile away and do this shi all over again, the cops, judge and lawyers are payed to be there..)anyways he says that or if you are willing to plead guilty/no contest he will give us a good deal on the charges and fines. This to me is where he crosses the line of impartiality and turns into a prosecutor. He shows interest in our guilt and trys to coerce us with concessions of reduced charges and fines, And again also the threat of us having to come back in if we refuse and lose more work, time etc.. So I go up and he offers me a reduced charge, I lowball it, he says no and I accept.
Before I moved to farifax this happened to me b4 and it was dismissed immediately by the judge, which seems to be the case in almost every municipality but of course not $airfax.
-------------------------------------------------------
> There is no legal requirement that the court kick
> the charges just because the officer is not
> present. The prosecution can request a
> continuance just like the defense. Officer
> unavailability on the first return date is
> considered to be a legitimate reason for
> continuing the case. If the prosecution had
> already requested one continuance, it would
> normally be considered an abuse of discretion for
> the judge to grant a second continuance because
> the officer failed to appear.
>
> The problem with the practice of some judges is
> that any continuance request is supposed to be
> made by a party or by the party's attorney. It
> isn't supposed to be something the judge does on
> his own. That means that if the officer isn't
> present the Assistant Commonwealth Attorney for
> that courtroom should be standing in front of the
> judge when the officer's cases are called, and for
> each one ask the judge for a continuance. A judge
> who is willing to forgo this formality has
> forfeited the appearance of impartiality, and
> should recuse him or herself from further
> participation in the proceedings.
Exactly, the judge is not allowed to play prosecutor.
This is what happened when the cop didnt show up for my case:
The cases go by order of issuing cop, so each cop steps up and all their defendants get called up individually. After watching all the other cops and all their cases (bout 2hrs+) the judge announces that our cop called in sick and will not be there. The judge tells us all that if we are planning on pleading not guilty he will do a continuance (we will have to take more time off work, pay their dumbass fuckin parking fee again or find free parking a mile away and do this shi all over again, the cops, judge and lawyers are payed to be there..)anyways he says that or if you are willing to plead guilty/no contest he will give us a good deal on the charges and fines. This to me is where he crosses the line of impartiality and turns into a prosecutor. He shows interest in our guilt and trys to coerce us with concessions of reduced charges and fines, And again also the threat of us having to come back in if we refuse and lose more work, time etc.. So I go up and he offers me a reduced charge, I lowball it, he says no and I accept.
Before I moved to farifax this happened to me b4 and it was dismissed immediately by the judge, which seems to be the case in almost every municipality but of course not $airfax.
Re: Cops not showing up to Traffic court, No dismissals.
Posted by:
Answer de Excellete
()
Date: May 25, 2018 04:06PM
...in the 22039 Wrote:
-------------------------------------------------------
> Not guilty / dismissed = no court costs.
>
>
>
> Question: does Fairfax County PS still teach in
> govt. or civics classes, how court system works?
> We learned all this in 4th grade, then reinforced
> in later years.
>
> Remember:
> INNOCENT UNTIL PROVEN GUILTY - and not your job to
> prove the case for the state. Geez.
Correct.
-------------------------------------------------------
> Not guilty / dismissed = no court costs.
>
>
>
> Question: does Fairfax County PS still teach in
> govt. or civics classes, how court system works?
> We learned all this in 4th grade, then reinforced
> in later years.
>
> Remember:
> INNOCENT UNTIL PROVEN GUILTY - and not your job to
> prove the case for the state. Geez.
Correct.
Re: Cops not showing up to Traffic court, No dismissals.
Posted by:
my method
()
Date: May 25, 2018 04:36PM
Continuance until the cops pulls over a nigger and catches one between the eyes
Re: Cops not showing up to Traffic court, No dismissals.
Posted by:
Not'O'Really
()
Date: May 25, 2018 06:00PM
Answer de Excellete Wrote:
-------------------------------------------------------
> ...in the 22039 Wrote:
> --------------------------------------------------
> -----
> > Not guilty / dismissed = no court costs.
> >
> >
> >
> > Question: does Fairfax County PS still teach in
> > govt. or civics classes, how court system
> works?
> > We learned all this in 4th grade, then
> reinforced
> > in later years.
> >
> > Remember:
> > INNOCENT UNTIL PROVEN GUILTY - and not your job
> to
> > prove the case for the state. Geez.
>
> Correct.
Things like "innocent until proven guilty", and "due process",
and even "right to a trial" or even "with a jury" and "face accusor"...
Those are all things that apply to CRIMINAL charges,
which is charges where the penalty can be that you are LOCKED UP.
For civil infractions, which is what traffic charges are,
none of those things actually apply.
However, don't feel bad.
Your's is a common misconception, based on grade-school level civics classes.
-------------------------------------------------------
> ...in the 22039 Wrote:
> --------------------------------------------------
> -----
> > Not guilty / dismissed = no court costs.
> >
> >
> >
> > Question: does Fairfax County PS still teach in
> > govt. or civics classes, how court system
> works?
> > We learned all this in 4th grade, then
> reinforced
> > in later years.
> >
> > Remember:
> > INNOCENT UNTIL PROVEN GUILTY - and not your job
> to
> > prove the case for the state. Geez.
>
> Correct.
Things like "innocent until proven guilty", and "due process",
and even "right to a trial" or even "with a jury" and "face accusor"...
Those are all things that apply to CRIMINAL charges,
which is charges where the penalty can be that you are LOCKED UP.
For civil infractions, which is what traffic charges are,
none of those things actually apply.
However, don't feel bad.
Your's is a common misconception, based on grade-school level civics classes.
Re: Cops not showing up to Traffic court, No dismissals.
Posted by:
...in the 22039
()
Date: May 25, 2018 09:11PM
Not'O'Really Wrote:
-------------------------------------------------------
>
> For civil infractions, which is what traffic
> charges are,
> none of those things actually apply.
>
> However, don't feel bad.
> Your's is a common misconception, based on
> grade-school level civics classes.
Really? a "civil" infraction? Are you serious? It's a CRIMINAL COMPLAINT.
Perhaps a collegiate -level course might do you and others some good. Amazing how uninformed some are...
-------------------------------------------------------
>
> For civil infractions, which is what traffic
> charges are,
> none of those things actually apply.
>
> However, don't feel bad.
> Your's is a common misconception, based on
> grade-school level civics classes.
Really? a "civil" infraction? Are you serious? It's a CRIMINAL COMPLAINT.
Perhaps a collegiate -level course might do you and others some good. Amazing how uninformed some are...
Quote
Fairfax County GDC
The General District Court decides all traffic offenses involving local ordinances of the county or city where it is located and all traffic misdemeanors under state law. A misdemeanor is any charge which carries a penalty of no more than one year in jail or a fine of up to $2,500 or both.
The Code of Virginia defines traffic offenses and sets penalties. For many offenses the penalty described is a fine. The General Assembly has established a processing fee which is charged to every convicted defendant and paid into the State treasury. Any defendant represented by a court appointed attorney or public defender who is convicted must reimburse the court for the representation costs. Additional fees are added for courthouse security and maintenance and a variety of other funds established by the Virginia Assembly.
The District Courts do not conduct jury trials. All cases are heard by a judge. Each defendant in a traffic case is presumed innocent until proven guilty beyond a reasonable doubt. Upon consideration of evidence the judge decides the question of guilt or innocence. If the defendant is found guilty, the judge will then determine which penalty, as set by the Code, is proper and lawful.