How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Zoey_ JD Your Own Question

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16542
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
18321761
Type Your Criminal Law Question Here...
Zoey_ JD is online now
A new question is answered every 9 seconds

best way to beat a reckless driving charge that was supposely

Customer Question

best way to beat a reckless driving charge that was supposely witnessed by a off duty sheriff deputy and he came to my house three days later to issue the ticket. he said he tried to call an on duty officer but none were available. he also ask me who was driving my blazer sunday. when I ask him question he said I better be careful or he would charge me with child endangerment.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 years ago.
Jacustomer,

If you want to go to trial on this case and you want to have a real chance to win it, you will need to have a lawyer.

Your officer seems to have identified the car rather than you, however, you spoke to him when he came to your house to issue the ticket and anything you said then will be used against you. Don't try to do this yourself, especially if when he stopped by you made admissions.
Customer: replied 4 years ago.
all the Highway Trooper and other policemen we have talked to say they have never heard of anyone doing this before. One DA in orangeburg said it sounded like a lawsuit to her. also if the cop though it was child endangerment shouldn't he have done something the day this was to supposely happen and if it true then wasn't he delerlict in his duties. If he tried to call in a on duty deputy and stated none were available, i went by the shop and was talking with one for an hour and a half. Wouldn't he have given the describtion of my vehicle. This whole thing sounds fishy to me.
Expert:  Zoey_ JD replied 4 years ago.
Jacustomer,

I don't know whether the officer did anything wrong or not. All I know is what little you tell me, and there's clearly another side of the story, since you are going to have to appear in court on the ticket.

If it's as fishy as you seem to think it is the matter should be dismissed when you show up. But my experience has been that once you're either a suspect or a defendant on a criminal case, you can't trust what the police tell you, since you shouldn't be talking to them at all, and they are lawfully allowed to lie to you and tell you anything they think you might want to hear in order to get evidence to be used against you.

Get yourself a lawyer with criminal and civil trial experience. If you do have a civil case against the police, don't blow your chances by leaving your representation on the criminal case to someone who hasn't been trained for trial work (namely, you). Most people who handle their own defenses lose. And if you're found guilty of anything, your citation, by definition was not unlawful.

An arrest doesn't have to be made at the time an incident occurs, and for the officer not to have done so doesn't necessarily mean that the officer was derelict in his duties.. The state only has to get the charges filed before the statute of limitations runs out. However, South Carolina is a state in which there are no statutes of limitations for either felonies or misdemeanors. That means that an arrest and prosecution can be lawfully made at any time after an incident. So the gap in time, even if it helps your case factually, is not unlawful conduct.











Edited by FranL on 9/1/2010 at 3:01 AM EST

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.