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Surviving the Legal System
Posted by: Cary ()
Date: March 18, 2005 06:40PM

Here's a crappy essay I did for my English 111 class. I'm not very proud of it but I think that readers can get some insight and learn something so I'm posting it anyway.
Anyway here it is:

Surviving the Legal System
No matter who you are, there is a good chance that someday you will come in contact with our legal system. Whether it is for a criminal offense, civil suit, or traffic ticket, you will need some guidance to effectively navigate this daunting hurdle. While taking on the legal system alone may seem like an impossible task, (there is even an entire profession dedicated to helping you through it) it is very possible, and much cheaper, to manage it yourself.
The first step to a successful court case is to have a general understanding of the court and how it works. Housed inside the one big courthouse resides several individual courts. The most common to come in contact with is the Traffic Court which strictly handles traffic citations which are not classified as a misdemeanor. Some of examples of misdemeanor traffic offenses include “Driving Under the Influence” and “Driving while Suspended or Revoked.” Traffic Court is actually part of the larger “main” General District Court which handles all misdemeanor cases as well as arraignments, bond hearings, civil cases, and any other general court requests. The General District Court has a big brother called the Circuit Court. Circuit Court is a “higher” court than General District which means that any rulings it hands down take precedence over those of its little sibling. The Circuit Court handles felony criminal cases as well as appeals from the general district court. The courthouse also hosts the Juvenile and Domestic Relations District Court which hears cases involving minors or their parents including issues such as child support payments and child abuse or neglect.
Traffic Court is the most difficult place to get a charge against you dropped. This is because in Traffic Court the police officer directly witnessed you committing the violation. Because of this fact the overwhelming majority of those ticketed opt not to appear in court but rather prepay their fine. There are, however, several things you can do to help yourself through a traffic citation. The easiest and most effective way to avoid paying a ticket is to avoid getting one in the first place. While this may sound implausible, it can be as easy as keeping your mouth shut. For example, when an officer pulls you over for speeding the initial question is often “Sir/Ma'am, do you know how fast you were going?” You should not respond with anything higher than the legal speed limit for any reason! Doing so confesses your guilt. The officer might not have been looking at the radar screen, or perhaps you were just observed speeding in traffic and no actual reading was recorded. If the answer “45 miles per hour” seems like an obvious fib, than “I'm sorry officer I was paying attention to the road and not my speedometer so I'm not quite sure” will have to suffice. If you have already received your ticket than do not fret for its not too late. There are many technicalities which can get you out of paying a fine and incurring demerit points on your license. They all, however, require you to appear in court. The simplest way possible to have a traffic ticket dropped is if the citing officer does not appear in court. This happens fairly often as some officers will have all but one or two of their ticketees prepay the fine and will not bother to appear. As long as you appear in court you will get off scot-free while everyone else that was written a citation by that officer will have already paid and had their demerit points assessed. However, you must be prepared to fight your ticket on some grounds if the officer does appear. In order to do this you must familiarize yourself with the law that you violated. On your ticket you will find a “law section” box with a penal code (such as 46.2-250) filled in. Take the time to visit your local library or look up the respective code section on the internet. This may seem like a scary proposition as you are not a lawyer, but keep in mind that the law is written in English and you will be able to understand enough of it to build a case. While reading the code section you will want to take into account all of the things that must happen in order for the law to stick. For example with a speeding ticket the police officer must have calibrated the radar gun that day and must show the certificate of approval and printout from the calibrating equipment to be in compliance with the law. If the officer forgot the certificate of approval for the radar gun the judge will be forced to throw the case out. The main thing to remember when reading any law is that absolutely everything stated in the code section must happen in order for you to endure any retribution.
Taking it upon yourself to fight a case in General District Court is admittedly much harder as you may face serious fines or the possibility of jail time. However, do not let this scare you away as it is still entirely possible and follows the same basic principles as fighting a traffic ticket. Intimately familiarize yourself with the law section which you have allegedly violated. Also, make use of the internet or your local law library to research previous successful defenses of your violation. Be sure to never plead guilty to any charge for any reason. By pleading guilty you waive your right to trial or any sort of appeal. If you are obviously guilty plead “nolo contendere” (no contest) instead. By doing so you leave yourself available to one of the most important aspects of surviving a misdemeanor case, the appeals process.
In larger jurisdictions (such as our own Fairfax County) the General District Court is often so packed that the presiding judge will take only thirty seconds to hear and decide your case. Doing so may deprive you of your constitutional right to a fair trial. In addition, appearing without a lawyer furthers the court's ability to walk all over you. In any case, you always have the right to appeal to the Circuit Court. Even if you are convicted of a serious offense in General District Court and taken directly to jail, you can appeal your case after you are booked and you will be released pending the outcome of your new trial. Circuit Court handles far less of a workload and the judges will spend much more time examining the details and unique qualities of your cases. Usually the judgment from this higher court is much more fair than the treatment you received down below. Of course the greatest thing about appealing to Circuit Court is that if you followed my advice, tried to tackle the legal system yourself, and messed up bad; you can always come back with a lawyer.
While these guidelines should not be taken with a grain of salt, I am not a lawyer and do not pretend to be one. Please exercise common sense in deciding whether or not to argue your own case. While many perceive lawyers as heartless, money sucking swine, they do exist for a reason. If you are in any serious trouble I implore you to contact your local BAR association and find an attorney suitable to your needs. However, if you just have a traffic ticket, fight it with all you've got. You would have just prepaid that fine anyway.

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Re: Surviving the Legal System
Posted by: rstidman ()
Date: March 19, 2005 01:06AM

I've got EXTENSIVE court experience in this area. I have appeared for every ticket I have ever been written except parking. I don't want to formally shame myself by saying exactley how many, but it's a nice list.

Anyway, Cary has a lot of good points but I would do the following things as well:

1. Get a continuance. You can do this over the phone for most cases up to a first-time suspended license charge (I know, I used this in November). Heavier traffic/Misdeamenors and stuff like that require an appearance. You'll need a reason. The best thing to say is "I didn't understand the gravity and need to speak to an attorney before proceeding". You won't be sanctioned if you show up at the next hearing without one, but your ass better be hard-core ready. The judge won't get pissed but he'll press the case right along and give little room for defence. For more minor cases, I think just about any excuse will do but you may want to have a doctor's appt or something the day of the case ready to go.

The continuance is handy for a few reasons. It increases the odds the officer may not show, but given that the judge makes you come in on the cop's next scheduled day, this is unlikely. The continuance will be for no less than a month and I have had a 2 month continuance issued before, but I was facing jail time on that one and ended up actually hiring the lawyer. He got me no jail time on a stationary radar 94/65 ticket. Continuances are ALWAYS given at the first hearing to unrepresented parties who are charged with jailable offenses. Only a few like first time DOS can be continued by phone.

2. Being respectful to the judge is super-important. Dress up super-nice, act deferential, yada yada. But you have to make sure you address him or her as Your Honor or sir or ma'am, but don't overdo it. You can go without a defence in hand for more minor stuff if you play this hand right.

3. Um I forgot 3 if I remember I'll reply again

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Re: Surviving the Legal System
Posted by: tyler ()
Date: March 27, 2006 07:42PM

a friend of mine just got a ticket in prince william county for "following too closely." Took it to court and the cop didn't show. She thought she was off, but the court rescheduled the hearing due to the cop's absence! Is this allowed? What can she do to fight this, if anything?

Thanks!

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Re: Surviving the Legal System
Posted by: RESton Peace ()
Date: March 28, 2006 03:06PM

They can reschedule at the judge's whim... This is one of those rare cases where an attorney representing you probably would have been able to intercede with more success. Your friend kinda got screwed and got a judge who is strict on procedure. If the cop properly notified the court of his abscence, it may be more likely he gets leeway on continuances. I would have hoped a hired lawyer would have motioned something to the effect of getting a speedy trial and case resolution (which is your right but that could be very broadly defined if you think about it). Of course I am no lawyer.

I've been in court and seen the pendulum swing both ways, but more often then not it's a dismissal from what I have personally witnessed (and had happen to me twice last year alone).

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Re: Surviving the Legal System
Posted by: got a ticket ()
Date: May 02, 2007 11:48AM

got a ticket last night in Fairfax County 65 in a 50 if this goes through insurance will drop me...cop said he paced me.....gave me a sobriety check and everything after ONE beer any advice?? thanks in advance

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Re: Surviving the Legal System
Posted by: Memories ()
Date: May 03, 2007 07:56PM

My Advice is NEVER drink and Drive even if You had ONE.

Do you know how mny people you could have injured.
Pay the fine, Ifyou were driving65 than pay the fine, If you were not take it to court and let the judge decide

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Re: Surviving the Legal System
Posted by: Frustrated is putting it nicely! ()
Date: November 27, 2007 03:02PM

I had a "verbal agreement with my exhusband, the called me and told me he would pay of our daughers wedding 3 years ago.

He NEVER paid me, never returned my phone calls or emails He never even knew how much it was.
For some reason, AFTER the wedding my daughte and I started fighting and she told me she didn't care if Dad gave me any money toward the wedding. HE had the money in Feb. (when he called me and he knew the wedding was in Aug 04). but she told me he didn't have the money now. I tried to tell both my kids, this was between Dad and me. (He got them involved, he told them what he should have told me!)

I have not spoken to him in over 3 yrs. because he "always gets off" he slacked on the child support payment was 30 days late, paid less than the half the amount and I still got my support reduced. My attorney was suppose to file 3 judgements against him and she didn't on all of the back child support money.

My ex woud have nothing to do w/ me kids till they became 18 and the child support stopped. So, being an adult, when he came around they were finally better late than never getting a realtionship with their dad.

I went to the Fairfax County Law Library and it states" Upon the known date of breach on a verbal agreement or an Intent to pay, you have 3 years to file.

Well I never sued him because I cared to much for my daughter but it always hurt me and left me confused when she told me about not careing if he ever paid me or not and that " I" ruined her wedding memories.

So, I took out a Warrant in Debt for half the amount. I filled out 2 Warrents in Debt on the same day, the same way and the same Judge asked for the bll of Particulars and the Grounds of Defense on one (which was not mine) and never ordered it on mine against my ex.

I have gone infront of the Chief Judge Donohough (?) and today,he refused my request my the Defendent to provide written documents showing anything he paid, if he paid (My daughter will no longer have nothing to do with me and her and her family have been living the basement of her dads house since May. She's even keeping me from seeing my grandchildren and told me I was crazy, how dare I sue Dad? And she will stand behind him 100%.

Today I had to argue with the judge nicely, that his work is no longe valid and I need to have any of his documents my daughter just informed in a letter that he paid $6,000.00 toward her wedding. However my daught took all my checks herself and thank goodness I wrote on the memo part of the checks which deposits they were for.

The Judge was very rude to me, so I felt I had nothing to lose except my case.
I told him in order for me to have a "fair trial" I need to know how to prepare for my case in Dec.
He finaly got so mad at me. He told Me "I'm going to go ahead and Grant you him to provide The Grounds of Defense that are due December 7th, but YOU have to write him and request them along with a copy to the court.
THEN he said, "If you want receipts, then go file a subpoema YOURSELF and get them because I'll tell you right now,this is a thin case and I suggest you hire an attorney.!!!!!

I was sooo mad, I gave him a dirty look and just walked away. He has already deterined I am going to lose this case and this is NOT fair, he just doesn't want to deal with it. but I hung in there and held my ground because I really don't think he has anything. My daughter never told me who she chose as her cateerer, the cake, the photographer, but she had no problems taking my checks in the amount each of $1,000.00 to $1,500.00 when she'd call me and tell me the deposits were do. Then in her letter after he was served she was very nasty to me again and said Dad paid the catteer $3,500.00 plus a $500.00 tip.
Well I found out who they finally were in her letter to me dated 3 yrs. later and not once did she ever tell me she had Dads credit card, etc. So I got a copy of the cateerers bill and it costs $2,200.00 of which I paid, AND they said he in no way gave a $500.00 tip, they have to disclose that and they said they wish.
I told them i paid for the whole wedding but do they remember a $50.00 tip, that was all I could afford to tip out everyone and they said they do have that on record.

I feel it is within my write, and since there is a LAW, that I should get a fair trial, and now after the way the Judge acted I know I will not get a fair trial.

I want to turn him in, what do you think? And where do I start? He is the Chief Judge in Civil Court at Fairfax County Courthouse. I've been up in front of him on Novemeber 7th, but my case was not heard, he sent me to courtroom 2A after sitting there for 2 hours and said. "Are there any motions I have not heard today?" so I raised my hand and he pulled my file from the bottom of the stack.
He still had about 25 more creditors to go through. This is when the door stuck as I went to enter an empty courtroom and I still have a black eye today, they rushed me to the hospital and the Judge as I told him was made aware from an Attornies name I had written down and she told me not to worry she would let the Judge know.
so today I told him he rescheduled my Motion to be heard on Dec. 10th, but my Court Trial DAte was Dec. 1th, and I need those documents sooner. He said, "I didn't renwew your court date, so i said, I apologize your Honor the court system did and I'm back here oday for you to hear my Motion and get the Defendt to file a Grounds of Defense. He finally realized I was not going to give up, so that's when he said, Ok, i'll give you your order but you do it all and it's a very Thin case anyway, i don't see why you want anything?

Is this unfair? Unjusted? Or am I just tired of being pushed around? I told him I had done all of my research in the Law Library and the Internet but he acted like so what? ANd he acted like just like get out. we both gave each other dirty looks and I had NO idea I was going to be treated so bad, I jus stared at him, picked up my papers, and walked away I never even thanked him.

He was rude, unethical and treated me like i had no reason to even be there.

What can I do??? HELP

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Re: Surviving the Legal System
Posted by: rolm ()
Date: January 02, 2008 04:34PM

I got a ticket today for "improper or unsafe lane change". He officer pulled me over after first looking at me (came right next to me) and then getting behind me. He waited approximately 3 miles before pulling me over. He told me that when I changed lanes, the person behind me had to "slam" his brakes in order for him to make room for me. This is totally false. I signalled and made sure there was enough room. The person behind me didn't even have to brake. Don't know why he pulled me over.

Anyway, how do I fight this case. One more important thing - he had the wrong date on the citation (tomorrow's date instead of today's). Does this make a difference? I'm planning on going to court as I did nothing wrong and was wrongly pulled over by an overzealous cop who probably was in a bad mood or had an axe to grind.

Any suggestions on how to fight this?

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Re: Surviving the Legal System
Posted by: AL ()
Date: January 28, 2009 02:10AM

I was stopped for CVC 22349. I was informed by the officer that I was Traveling 57 in a 35 mph zone. I noticed that the Officer vehilce was on the opposite side of the road from where I was Traveling and did not notice his vehicle until he hit his code 3 light. It was approxiamtely 7:10pm and dark. It is not required by the Officer to have had some for of lights on an being in the line of sight to be observed by all and any vehicles. Any suggestions on how to fight this.

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Re: possession of marijuana
Posted by: Joe black ()
Date: August 05, 2010 02:47PM

I got pulled over In colorado in my friends car and there was a bud in the car which I didnt know about and I got a ticket for possession of marijuana but my friend has his marijuana license can I get off if admits it his.

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Re: Surviving the Legal System
Posted by: Salty ()
Date: September 27, 2011 09:29AM

I was pulled over for following too closely after i had to slow down, almost to a stop, behind a lost driver. i tried to overtake but did not have a chance until we came to a turn lane and then passed the car ahead. The officer issued two tickets one for foloowing too closely and the improper lane change or not signaling the lane change. I signed both summons but the officer only handed me the following too close document. Do i have a case of not paying the fine if the paper was not handed to me at that moment?

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