Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. I'll be glad to assist.
If you are you just wanting to pay the ticket and move on, all you should have to do is contact the prosecutor's office and tell him/her that you want to withdraw your not guilty plea and plead no contest, pay the ticket and move on.
That would give you the simplest exit out of the matter, and would be a compromise offer given that there could be some issues with the prosecutor's ability to pursue the charges against you, anyway.
I see that you're offline, and I'm going to step away and assist some other customers. When you come back online, if you'll post a reply I'll be notified and we can pick back up.
I was prompted to type my user name and password XXXXX couldn't remember it. I waited a good 10-20 minutes for an email with new password XXXXX never got one. Instead I got your answer.
My ticket has a fine of $167.10 with maximum fine of $302.10. I really don't want to pay the high amount. What do you think they would do? Also would this result in a ding on my driving record?
What are all the consequences of "giving up" on fighting this?
Should I explain to the prosecutor what my argument was (and that I would probably win the case on this technicality) Would that convince him to allow me to pay the lowest fine?
Can I contact the prosecutor the week before the hearing or do I have to wait til the day of? I would like to know his answer before I make my final decision and how to resolve this...
Also Do I phone him, or write letter or go in person?
I am stepping out and will be back at 5:45pm. Hope that's OK.
sorry about the wait. I had to step out..... so assuming I would pay the lesser fine, would I be required to pay any court fees at this stage of the game?
The prosecutor hasn't been involved at all at this point. When I first approached the bench to "plead" he was definately displeased at my argument for wanting this case dismissed for failure to follow due process.
So if I just talk to prosecutor before would that avoid court charges? Can the prosecutor make those decisions about what court fees I may have to pay? If so how much are they?
Should I write a letter to prosecutor? Should I just show up one morning out of the blue and see if I get a chance to speak to him? Any other options?
I guess phone call won't work?
I am curious. What do you think of my defence? It seems like what I wanted to present was not used by anyone - not even lawyers!
I think I am almost finished. So...what should I say to the prosecutor to win him on my side?
Regarding me asking the prosecutor for deferred adjudication, this Notice of Hearing says " I understand by entering a plea of not guilty, I am waiving my right to take a driver safety course or deferred disposition"
What is the worst case scenario if the prosecutor doesn't want to be agreeable?
If I know in advance that the prosecutor isn't agreeable then I could proceed with my argument and have no choice except to proceed with the trial. WIth a jury trial what would be the first steps? Would I have to participate in choosing jurors etc?....In my opinion, a jury trial is not appropriate for my argument which is that of faulty due process. I should just be talking to the judge!
I didn't even plead. The judge entered the plea for me - to proceed with jury trial. He should have set up the other type (don't remember name). I should be speaking to judge alone and not wasting time choosing jurors then having to give them a school lesson on TX Criminal Code! Your thoughts?
Ok I understand. One more thing - I am 99% sure that this argument is never used in court, even though it is very obvious. Why don't lawyers defend their clients using this argument?
Ok then Roger. I don't have any more questions. I have asked them all! I will end now...
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).