I need some assistance in courtroom etiquette. First, can you confirm the advice I was recently given by an experienced attorney is good advice and then give me advice on the proper way to address the court/the judge?
A young man, an 18-year-old, got stranded late one evening and had to walk home. There was no traffic, and he walked across the crosswalk against a red light
. However, as he was walking, a police officer pulled up to the left turn lane in which he was passing. The officer also stopped due to a red light. The officer shortly thereafter, along with two other police cruisers, pulled the young man over fabricating a story of “What did you throw down? I saw you throw something away.” Yet this was a ruse. One of the other officers initiated a “Terry Stop” and removed the young man’s cell phone but continued to pull papers and wrappers out of the young man’s pockets, as well. The officer issued a ticket for Jaywalking, VC 21955, yet the offense should have been VC 21462. Due to the hassle the young man received, he wants to go to court over the mistake of the charges. While in court, he will represent himself In Propria Persona because he cannot afford an attorney. He will need to plead his case before the judge because this is an infraction. After the prosecution delivers and completes its case – after the police officer testifies – the young man, the defendant, was told to make a motion to dismiss the case but to do it verbally, not in writing, because he doesn’t want to give notice to the prosecution of the citation
discrepancy. He was told to “make a motion for a directed finding” and “ask the court for a directed finding on the basis that the evidence presented by the prosecution failed to prove the violation cited in the ticket.” Is this the exact verbiage he should use? Do you have any suggestions of what he should say when it is his turn to present his case?