How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Hammer O'Justice Your Own Question
Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4489
Experience:  Almost 12 years of legal experience, primarily in criminal law
Type Your Criminal Law Question Here...
Hammer O'Justice is online now
A new question is answered every 9 seconds

I recieved a Driving After Revocation Ticket(1st) in 2006,

Resolved Question:

I recieved a Driving After Revocation Ticket(1st offence) in 2006, for non complience (DMV revoked for non complience after a DUI in 2001). The police officer gave me my licence back in 2006, said to take care of the complience part, and I should be OK. I DID finish the complience part in 2001, which was to attend impact , get a plan, which at that time was to attend a mental place and go through 6 weeks of evaluations, which I did and finished.(mental evaluations, etc.), for the 2001 DUI in 2001 and got my licence back in 2001, and assumed I was OK. But the mental place never sent the paperwork to the DMV, and the DMV revoked my licence in 2004. So after the 2006 ticket, I contacted the mental place, and they said they would resend the papers to the DMV and not to worry. So I assumed that was it. But I didn't appear in court for the 2006 ticket.

I then was arrested in OCT 2008 for a bench warrent for the first charge, spent the night in jail, got a court date reset for NOV 11 2008, and got released on a signature bond. But I also received another Driving After Revocation(1st offence) ticket from the police officer, and a second court date for that one set for NOV 21 2008. This time the officer took my licence. He also told me that my licence also had expired in 2007, and I was also driving with an expired licence.

So many things happened over the last 2 years, I forgot to realize my licence was expired. But I received nothing from the officer in OCT for the driving with an expired licence.

Since 2006 I have moved, and no longer have the mental place's info., and they never resent the paperwork to the DMV! So, to get my licence back. I have restarted the whole complience process by attending impact for a new driver's safety plan, took those papers to the DMV, and now have a newly reinstated driver's licence. But I have to redo the driver's saftey program(I will register at a local tech college early NOV 2008, and if it all gos right, I should have that cource finished by DEC 2008), and attend a panel DEC 10th 2008, to be in full complience again with the DMV, else my licence may be revoked by the DMV again.

I have both court dates set for NOV 11th and 21st ,2008, for 1st offences(both show 1st offence of Driving after Revocation). I was told, if convicted for a second offence(which the second ticket could be looked at as), it could carry a criminal charge, jail time, big fine, etc. I have been an honest citizen, except for minor traffic offences, am 50 years old, don't have a criminal record, and don't want a criminal charge on my record.

There is no court record(I looked up my court records too) of the second ticket, yet. But the first shows an open court date for NOV 11 2008, which if even dissmissed, the judge could see for the second ticket court date. The DMV records now show no revocation, and no other pending tickets, and my driving licence is now valid. This is for Milwaukee, Wisconsin, USA.

I need to know how to plea at first court date, if I should and how to delay court dates to later(after finishing the complience, which wil look great, I think, to a judge), and or possibly combine them(to make it one charge of 1st offence without it showing a second, which could be a criminal), etc.

Should I see if I get first dismissed on NOV 11, and then go to the second and have it reduced, and how? I see this as a cut and dry type situation, but if I go to court and aproach the judge the wrong way it could be bad.

I don't want to pay $500-$1000 to lawyers for a simple thing, I think(one lawyer I called said $1000, and knew how to combine, etc., and the second didn't seam to know much and said he would have it dismissed for $500, but ???). I am willing to pay a reasonable fee for GOOD advice from an expert that doesn't want $$$$.

I am fairly inteligent, look and speak profeionally, and think I can handle this myself in court. But I am no lawyer and have no idea on how things go i court. So, I just need to know what to say to the judge, or if and how to postpone the court dates if you think I should(until after completing the driver's safety plan, etc.). I don't want to loose my licence or have a criminal charge on my record(which if convicted of a second offence carries a criminal charge). What I want is the first one dismissed, and the second to at least be reduced to a non criminal charge, small fine, and keep my licence. But how do I aproach this myself in court? Or should I get a lawyer? Or, as a lawyer, what, exactly, would you do for me?

I am sorry for all of the type, but I wanted to provide you with as detailed info as I could, in order for you to be able to fully give me your expert advice.

Submitted: 8 years ago.
Category: Criminal Law
Customer: replied 8 years ago.
Relist: I still need help.
Expert:  Hammer O'Justice replied 8 years ago.
<p>Hello.</p><p><br />Generally, when someone is looking at jail time, I highly recommend getting a lawyer. While it is pricey, it usually pays off in the long run because lawyers know their way around the system.</p><p> </p><p>Basically, if you want to handle it yourself, when you go in for the first date, request a postponement until after you finish the course. When you go in for the second date, you can request to consolidate the cases and put the second case on the same date that the original case was postponed to so that you can try to work them out at the same time.</p><p> </p><p>Then, when both your cases come in, you can find out from the prosecutor what the offer to plea in your case is. Be sure to bring all documentation for everything that you have done to reinstate your license. If the prosecutor wants jail time, you might be able to try to talk the judge into giving you a better offer based on everything that you have done.</p><p> </p><p>That being said, I do think a lawyer is your best bet.</p><p> </p><p>Good luck.</p>
Hammer O'Justice and 5 other Criminal Law Specialists are ready to help you
Customer: replied 8 years ago.

Thank you.

It seams that the "expert" concensious is to postpone and consolidate the cases into one, and then have the first dissmissed and the second reduced to a non criminal?

This is the advice the $750 lawyer gave me as to what he would do, and I trusted his advice, and you confirmed it.

So it seams that I may have to enlist him for the $750.

But this month I am short on money.

So I may go into court this month myself.

On the 11th, ask to have that court date postponed until after I complete the cources.

On the 21st ask to have that consolidated into the first.

But at the final court date, I may enlist the lawyer.

Is this a good idea?

What do I say to the judge and lawyer to postpone and consolidate?

Do I plea not quilty first?

BTW these are both pretrials, if that matters.


Expert:  Hammer O'Justice replied 8 years ago.
You should be able to handle the initial appearances in both cases yourself. I would initially ask for a postponement for the purpose of consolidation (and for obtaining counsel). If the court forces you to enter your initial plea before giving you a new date, then you should enter an initial plea of not guilty so that you can work something out down the line when your cases are together.
Hammer O'Justice and 5 other Criminal Law Specialists are ready to help you