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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 35726
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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When I pay the Appeal Bond Traffic Ticket Appeal must

Customer Question

When I pay the Appeal Bond for a Traffic Ticket Appeal must I also file some paperwork to make my evidence (exhibits) legal for trial?
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year ago.
Good afternoon,
I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.
1. Did a Justice of the Peace rule in your first trial on the citation?
2. What exhibits are you referring to that you want to use in the appeal process?
3. Did you use these exhibits at the first hearing?
Doug
Customer: replied 1 year ago.
First of all, the Municipal Judge said the maps and documents I brought in to use as evidence in a line of questioning, was not acceptable to use in trial because I didn't do something or another. Originally the Prosecutor said they were o.k., but once I began to prove my case, the Prosecutor objected, and the Muni Judge allowed it. When I began verbalizing the info on my documents in my line of questioning, the Prosecutor objected to that, and the Muni Judge allowed that too. Now I have 10 days to post an Appeal Bond [or an Attorney Appeal Bond whatever that is] for the case to go to a County Court at Law. I am trying to find out what other hokey pokey they are going to pull by saying I didn't do before I go to the Appeal and lose that as well. If you can recommend a lawyer that will represent me that covers Johnson County, TX I'd appreciate that, too!
Expert:  LawTalk replied 1 year ago.
Good evening,
Thanks for the additional information.
The problem you had with your maps and other such documents is that you failed to properly authenticate them. That would require that you bring ion the author of the document to testify as to its accuracy, or in the event of a business record, that the record fit the exceptions for business records.
As soon as the prosecutor saw that the judge would sustain the objection to the unauthenticated documents, they were virtually obligated to object---so that comes as no surprise to me. Your attempt at verbalizing what was on the documents constituted Hearsay and of course would be objectionable as well.
Because the documents were not allowed in the original trial there is nothing you need to file in advance of the appeal as regards ***** *****
You need an experienced attorney who can get your exhibits properly authenticated if you intend to use them in trial. This is a relatively complicated part of the trial process.
If you need exhibits that you have mentioned to win your case, then you will almost certainly need a local traffic law attorney to assist you to get them marked as an exhibit and after use in trial, entered into evidence.
Here is a link to a number of traffic law attorneys in the Johnson County area you can call on for help:
http://lawyers.findlaw.com/lawyer/lawyer_dir/search/jsp/stdSearch_process.jsp?stype=BY_ADDR_OR_ZIP&keyword=traffic+law&location=Johnson+County%2C+TX&target=FIRM&language=Select+a+language
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you when our communication is completed.
I wish you and yours the best in 2015,
Doug