Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
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I am very sorry for your situation.Since I am a south NJ resident, am i able to write Not Quilty on my ticket and mail in a explanation?
First of all, please understand that anyone
can plead NOT GUILTY (and it is a good idea to do so), be they an NY resident or not. Having said that:
1) If you simply plead guilty and send it it, then the matter will be concluded and you will be ascertained the fine
2) If you plead NOT GUILTY and send it in, then the Court will set the matter for a hearing
. Even with your explanation in writing, the Court will still have an oral hearing on the matter, which you must attend. If you are not able to make it, it is a good idea
to retain counsel who can attempt to have the matter dismissed either by a technicality or by some other means, or at least plead down to perhaps a non-moving violation, etc. May I recommend the NY Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
3) Prosecutor's Leverage: If this case gets to trial, the prosecutor is likely to call the officer who will make an appearance and explain what he feels happened. He may or may not bring his dashboard camera tape that can also show what happened, if there is one. Normally, the Judge (or Jury, if you have a jury trial) takes the word of an officer over the Defendant, I am afraid.
4) Your Leverage: The prosecutor is normally very backed up. They are handling literally dozens of cases at once. Setting a matter for trial - jury trial, more so - is a serious issue since they have little time to prepare, file the proper motions, and generally make room for the trial to happen. This is when having an attorney comes in handy, who may then work with the prosecutor using a stick-carrot approach to lower the ticket to something less, or, dismiss it outright. Your attorney can always ask for even a more favorable plea deal, including a "non-moving" violation, that would be less of a fine and not count as points. If the prosecutor agrees, then this is a good deal.
I hope this helps and clarifies. Best of luck.
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