Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

Good Morning- My son wants to know if it makes

Good Morning- My son wants...
Good Morning-







My son wants to know if it makes a difference that the misdemeanor is marked on the ticket instead of the violation box. He also wants to know if you have any idea what type of fine he will be looking at.







Thanks for all your help.







Tammy
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 12 minutes by:
7/1/2013
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102,929
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Hello Tammy. 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 delay between your follow ups and my replies.

It makes no difference that the misdemeanor is marked on the ticket instead of the violation box - the ticket is still deemed valid.

He also wants to know if you have any idea what type of fine he will be looking

A fine from $30 to $200 plus court costs. However, malicious misuse of license plates may have one's license suspended.

It is a good idea to plead NOT GUILTY and then perhaps retain counsel.

First of all, understand how this works. At this point, he has three options.

Options
1) simply send in the fine (automatic guilty plea), or plead guilty at first appearance and pay the fine; OR

2) plead not guilty and the matter will be reset to trial. If the matter is reset to trial, then one can normally request a jury trial, and retaining counsel is best. Of course, by retaining counsel, he ends up paying close to what one would with the ticket.

3) Informal negotiation - we will get to this in a moment.

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 one has a jury trial) takes the word of an officer over the Defendant.

Your Son's 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.

Negotiation
Recall how I had mentioned negotiation as one of the options. Very often, individuals in his situation are given a "plea deal," if he has little/no traffic record. Individuals in his situation are very likely to be offered two possibilities:

1. Deferred Adjudication (which dismisses the charge if one simply is not charged/convicted of anything else in 6 months to a year, but, pay court costs); or
2. Traffic school (although some Courts do not have this as an option).

He 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.

Now, at time of first hearing, the Prosecutor is likely to be faced with dozens of angry Defendants. Ergo, they may respond more favorably if he (1) calls and find out the prosecutor's number from the court, and then call the prosecutor and ask for a quick "meeting" to discuss the case wherein he can explain the mitigating factors and ask for a non-moving violation, or even for it to be simply dropped; or (2) plead not guilty first, and then approach them when they seem less busy in Court.

This is very likely to end up in a settled agreement.

Of course, if this does not work, his only other option is to indeed set it for trial and play his leverage. Doing so may have the prosecutor reexamine their offer to him.

I hope this helps and clarifies. Best of luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ask Your Own Criminal Law Question
Customer reply replied 4 years ago

So this is still considered a class B traffic violation? My son was thinking of contacting the court to see if he can just pay the fine, is this a good idea?


 


He also had an issue a few months ago for driving with an expired temp tag, I believe this was dropped to non moving violation. If he was able to plea down the charges will the original charge still show on his record?


 


Thank you

Hello,

So this is still considered a class B traffic violation?

Yes.

My son was thinking of contacting the court to see if he can just pay the fine, is this a good idea?

Not really, in that simply paying the fine makes him GUILTY and he may be assigned points on his license. It is best to plead NOT GUILTY and then negotiate a deal (per above).

He also had an issue a few months ago for driving with an expired temp tag, I believe this was dropped to non moving violation. If he was able to plea down the charges will the original charge still show on his record?

No - only whatever he pleads to will.

Thank you

You are very welcome. Good luck, and please don't forget to rate my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please REPLY to keep on chatting – I want you to be satisfied.
Ask Your Own Criminal Law Question
Customer reply replied 4 years ago


How likely is it that his license will be suspened?

Can you tell me about the misuse of license plates - what is the story behind this?
Ask Your Own Criminal Law Question
Customer reply replied 4 years ago

About two weeks ago he put on the tags that were in the back of the vehical when he bought it. He was pulled over last Sunday and was issued a ticket for:


 


42-3-121 (1)(a)


Failure to produce valid registration was on the first line and on the second line was (misuse)


 


The vehical was impounded.

Ah, thank you.

It is very unlikely that the vehicle would be suspended unless he knowingly and maliciously faked the license plates in any way. So unless this happened, it is unlikely.

However, it is still best to plead not guilty and to negotiate an agreement.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102,929
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Ely and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Thank you for your gratuity.
Ask Your Own Criminal Law Question
Customer reply replied 4 years ago
My son wants to know if there is a risk of his license getting suspended
If he is convicted of the charge or pleads guilty, then yes, there is a risk, I am afraid.
Ask Your Own Criminal Law Question
Customer reply replied 4 years ago
Even if he has a clean record?
Yes, indeed. So it is best to negotiate this down, as described, and/or get an attorney to help minimize the damage.
Ask Your Own Criminal Law Question
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102,929
102,929 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

102,929 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I was convicted of 3 misdemeanors, but have not been tried
Hi I was convicted of 3 misdemeanors, but have not been tried yet... I would like to travel to UK for 50the B-day and would be back by 2/20 for my court date. Is this possible... I know how hard it is… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I got charged with a misdemeanor possesion of drug
i got charged with a misdemeanor possesion of drug paraphernalia. I got it dismissed. how hard is it to get it explunged in illinoise and how long does it take?i … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
Is corruption of a minor a misdemeanor or a felony?
Is corruption of a minor a misdemeanor or a felony? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Filed a false. Police charge with. a misdemeanor out on
Filed a false. Police charge with. a misdemeanor out on unsure. Bond what is the. WOrst Thing That. Can happen to me i am so sorry help me do not want to go jail happen in NC live in Pa hearing Januar… read more
Ely
Ely
Counselor at Law
102,929 satisfied customers
How can you expunge a misdemeanor conviction in pennsylvania
how can you expunge a misdemeanor conviction in pennsylvania for a minor domestiv violence incidnet where the father in law and boy friend came to grappling with each other no one was hurt. the old ma… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,712 satisfied customers
I was arrested in August and got a misdemeanor then. In
Hi. I was arrested in August and got a misdemeanor then. In November I was arrested again. I had ten charges (using a fake licenses and grand theft) 3rd felony degree . On the next after releasing fro… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I was charged with possession of marijuana misdemeanor
Okay I was charged with possession of marijuana misdemeanor possession of paraphernalia misdemeanor two counts of child endangerment misdemeanor what is worse … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
I was convicted of a misdemeanor in 2005. I have no other
I was convicted of a misdemeanor in 2005. I have no other convictions or arrests. I was recently denied when trying to purchase a firearm. I've read through your feed and saw where it should be automa… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I'm writing a story about a rape trial. In trial, if the
I'm writing a story about a rape trial.In trial, if the alleged victim is giving testimony about the attack/rape, can she describe what her assailant was saying to her during the attack? Can she descr… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Recently charged with multiple misdemeanor charges in a
recently charged with multiple misdemeanor charges in a different state then i live. what can i do to avoid appearing in court and can i set up payment plans for the fines … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,869 satisfied customers
I have a court da on October 30 for a misdemeanor without a
I have a court da on October 30 for a misdemeanor without a bail and they didn't took my passport, can I leave the country? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,779 satisfied customers
My son has to appear in court on a misdemeanor. doesn't have
hi, my son has to appear in court on a misdemeanor. doesn't have any record and I guess did not move when the police asked him to. we bailed him and he has to appear in court 9/26. Should he have a la… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Can we extend court trial date just before two days of trial
Can we extend court trial date just before two days of trial date. If Yes what are the possible reason may judge and state attorney agreed for extension.… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,779 satisfied customers
Is it possible to extend the court trial date. If Yes, how
Is it possible to extend the court trial date. If Yes , how and when need to be informed before court trial date.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
I'm in court today at 1330 for four counts of misdemeanor
I'm in court today at 1330 for four counts of misdemeanor credit card fraud They want me to plea guilty to 2 of them and do 3 yrs formal probation I'm an RN for 15 yr first time offense … read more
LawTalk
LawTalk
Lawyer
Juris Doctor
1,815 satisfied customers
During trial and post trial, court will document the
During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they not conducting c… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
Second opinion] During trial and post trial, court will
Second opinion] During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x