This is in Arkansas, City of Cave Springs.
On 8/1/2013 I was pulled over, with the officer stating that I was going 21 MPH, 76MPH in a 55MPH. He wrote me a ticket. My court appearance was set for 8/1/2013. I pleaded "not guilty" and my trial date was set for 9/5/2013. I got a certified letter in the mail on 8/21/2013 that my court date had been move (no reason given, however I know the reason which I will discuss later) to 10/3/2013. When I arrived at the court house there was barely anyone there. I noticed that the officer was not there. My fiance was with me and asked an officer and he said since there was not many people there that everyone was having their trials on that date.
The prosecutor saw me after my fiance told an officer my name. Shortly after he came out confused and out of place and said he didn't have my documents. He found them and we started to talk about a plea and he said that asking for it to come off my record most likely wouldn't happen. I then asked before he left "Is the officer here?", he paused and said "Officer "X" is in the hospital and won't be here today".
Confused, I asked him about not pleading guilty what would happen, he told me that he would have my court date moved (no reason given) and that the trial would happen then, EVEN THOUGH everyone else had their trial AND the notice that was sent me again had now type: plea/discovery hearing.
I was thrown off by this because I was told my trial would be THAT SAME DAY and on 9/5/13 original court appearance date and then got the notice with a change with no reason to 10/3/13 with the type now plea/discover hearing.
The prosecutor came back saying that he could have it removed (the judge approved it) if I paid the fine
and didn't get a ticket in the area again within 12 months. I thought awhile about it with my fiance, and being pressured by this prosecutor almost and given that I couldn't keep coming back because I was missing school in my senior year of college graduating just 2 months from then I decided to take it. I asked many questions over and over and the prosecutor stated all I would have to do is pay the fine, it would be removed given I don't get another ticket in that county. So I agreed.
The lady at the desk wrote out on a "notice of time payment and promise to appear" and it was marked "other" and that I would "pay in full by 10/20/13" and I signed it.
Now I got a letter stating I had to go to traffic school. What? This was from nowhere. The original plea I said had this listed nowhere.
The letter attached with the directions and date of the traffic school were again mailed to me and the line where I believe I am suppose to sign says "mailed 10/3/13", this was the SAME DAY I was in court! By the same desk clerk! I believe I was suppose to sign this line cause what else would it ask for a signature. Right above it said "An arrest warrant shall be issued for failure to attend this class" yet no signature. It said I had to go to traffic school on 11/2/13
Letter/notice marked 10/3/13, but I didn't get it until today 11/1/13 (it had to have been lost in the mail) and I called the court and the clerk said the clerk that had written it out didn't work Fridays. She gave me the number to the prosecutor and I called to try to get ahold of someone to help but the lady who answered said the person I was looking for left early for the weekend.
Called back the county clerk she emailed the "plea deal" that I had signed.
I looked at my "plea deal". There a quite a few things missing. My Docket number is XXXXX listed. The "date" and the "date accepted" had no dates. The kicker here is that I saw three things that weren't listed before:
1) under my charge all it said was "Speeding
- 1st)" and said (21 MPH over)
2) Under other conditions it now had "must attend defensive driving within 30 days"
3) the condition about no ticket for 12 months was had written in on the side, not type or written where the blank line was.
For #1 and #2 above the font for typing was a different size and font. Also this wasn't possible to have when I went since we hadn't even talked about a deal so it had to be done after. I am suppose to be at traffic school tomorrow but given all this I now want to fight it and have a trial and not go through with the plea because I feel things were added and I was lied and forced into this.
The officer is also STILL OUT, and I was told for a long time. It's clear he may never return to work. At this point, given a warrant might be out for me after tomorrow what can I do? I feel I have a case to fight as I feel the above things were added after I signed and the dates and docket # XXXXX missing. What can I do? My fiance also heard all of this and can testify to what I have said as she looked over the plea deal with me as well and also did NOT see this "other condition" stating I had to go to traffic school. I feel this case should be dismissed and my money refunded.