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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20231
Experience:  Handling criminal and probation matters for over 14 years.
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I have to appear in court for 3 counts. Two being vehicle infractions

Customer Question

I have to appear in court for 3 counts. Two being vehicle infractions and one criminal for unliscense operation of a motor vehicle. Should I plead guilty? Not guilty? Or no contest?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  LegalEagle1 replied 1 year ago.

LegalEagle1 :

Welcome to JustAnswer.

LegalEagle1 :

If you plead guilty the court will find you guilty of all three infractions and impose whatever sanctions are permitted under the law.

If you plead not guilty, the prosecutor may agree to dismiss some of the charges in exchange for a plea of guilty.

If you plead no contest the court will almost always find you guilty and impose penalties similar to what you would get for a guilty plea.

LegalEagle1 :

Pleading no contest will prevent the finding of guilty being used later in a civil case. This is helpful if you were cited in an accident.

LegalEagle1 :

Is there a reason why you did not have license? And is it something you can easily correct or obtain?

Customer : I was eating for my permit to clear in 6 months
LegalEagle1 :

eating = waiting? when is the 6 months up?

LegalEagle1 :

If you can get your license reinstated soon, you may want to plead not guilty and continue the matter out until your license is reinstated. many times if you get your license reinstated the prosecutor will dismiss the license charge.

Customer : The oucourtdate is October 15th. I should get my liscense in December
LegalEagle1 :

when did you get the citation?

Customer : I have never received my liscense I'm 17 and this is my first appearance in court and my first time ever getting in trouble
Customer : July 31st. It wad dated. 3 offenses unliscensed operation of mv. Inspection sticker. And liscense plate light out. It wasn't even my car.
Customer : It says an arraignment session its a summons
LegalEagle1 :

At the arraignment you may be able to get the the matter continued, going out 6-8 weeks should be possible.

LegalEagle1 :

You should consult with a lawyer.

LegalEagle1 :

look for one in your jurisdiction, that is familiar with traffic court for juveniles.

Customer : Is it even worth gettia lawyer?
LegalEagle1 :

could you please explain to me why you rated my service poor?

LegalEagle1 :

was there additional information that you wanted?

Customer : Because I need legal help and you told me to consult with a lawyer for. I don't think its worth getting a lawyer for.
LegalEagle1 :

Well that is a only decision that you are free to make. I advised you to consult with one in your area, because he would be familiar with your court and your courts policies.

LegalEagle1 :

Once he explained that to you, you could make an informed decision as to if you hire one to represent you.

LegalEagle1 :

Most lawyers do not charge for your initial phone consultation

Customer : Yes but this is my first criminal offense. You don't think there will be leaniancy?
LegalEagle1 :

There may be, but a lawyer who routinely appears in your court would be best able to tell you how to preset your facts to obtain leniency.

LegalEagle1 :

Driving w/o a license in some courts is treated very harshly.

LegalEagle1 :

I know you don't want to hear that. but my role is not to tell you the answer you want. It is to explain to you the law.

LegalEagle1 :

you're initial question had to do with the possible pleas. I explained to you the meaning of each and the consequences of each.

LegalEagle1 :

Please let me know if you need any additional information.

Customer :

Can you please Opt out so that another ex[pert could answer my question.

Expert:  JB Umphrey replied 1 year ago.
Welcome and thank you for your question!

Please clarify: what is the outcome that you are seeking?
Customer: replied 1 year ago.
I received a summons to appear in court on Oct 15th regarding three counts liscense plate light out, inspection sticker and driving without a liscense. The car wasn't mine. It happebed July 31st. I'm a juvebile and I drove on my permit. I was waiting for my permit to clear which is in December of this year. I don't know what to o.
Expert:  JB Umphrey replied 1 year ago.
Thank you. What is the outcome of the case that you want?
Customer: replied 1 year ago.
I want to still be able to get my liscense and to not have to wait even longer. This is my first criminal offense.
Expert:  JB Umphrey replied 1 year ago.
Why were you driving when you didn't have a valid operator's license?
Customer: replied 1 year ago.
I was going to my workplace to go see my friends. Curiousity killed the cat as well to drive.
Expert:  JB Umphrey replied 1 year ago.
Thank you. I am afraid to tell you that, from the facts you've described, your desired outcome is not realistic.

If you were operating without a license and committed other moving violations, there is no escaping the consequences -- unless the prosecutor simply dismissed the charges. That is not an easy feat to accomplish.

If you want the prosecutor to dismiss the charges, then you better hire a local attorney to negotiate on your behalf at the next court date.

If you have time to hire a lawyer before the next court date, go and do so.

If you don't have time to hire a lawyer before the next court date, go to court and plead not guilty and tell the judge you're going to be hiring your own attorney.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

What are your options now?

If you wish to continue this conversation, click on the Reply tab.
If you are satisfied that I have answered your question, then please rate the answer with “excellent service” so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.

IF you feel the need to click either
"Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY tab. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek.


Thanks,
~~ J.B.
Customer: replied 1 year ago.
It asks that a report to the probation office before court. Is there a possibility of probation?
Expert:  JB Umphrey replied 1 year ago.
Yes, it absolutely possible that any sentence will be probation only. That is usually the outcome for driving offenses that do not involve alcohol, drugs, or physical injury.

~~ J.B.
Customer: replied 1 year ago.
Should I await my sentence than ask for a plea bargain?
Expert:  JB Umphrey replied 1 year ago.
Absolutely not. When you get to the point of sentence, it's too late. You have to ask to meet with the prosecutor early on.

~~ J.B.
Customer: replied 1 year ago.
One. Last question. Was it legal and right because the cop is from Dartmouth and I got pulled over in fall river which are two different cities but the same state?. He was NOT a state trooper.
Expert:  JB Umphrey replied 1 year ago.
It depends upon the facts of the circumstances.

It's legal if he observed you in Dartmouth but it took him a bit to actually pull you over.

It is legal if Dartmouth and Fall River have a joint operating agreement.

It is legal if the officer is also deputized.

I would want to review the underlying police report and talk the prosecutor before I drew any absolute conclusions about that.

~~ J.B.

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