Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I went to court on a traffic violation. The ticket listed…

Hello - I went...

Hello - I went to court on a traffic violation. The ticket listed one charge. And the reminder notice they sent me in the mail listed that same charge. I went to court to argue my innocence to that charge. After the trail I was sent a notice finding me guilty, but of a different charge. Can they do that? I feel like I should have had the opportunity to defend myself against the new charge.

Lawyer's Assistant: Because traffic laws vary from place to place, can you tell me what state this is in?

Claifornia

Lawyer's Assistant: Do you need to appear in court?

I already did - I am appealing

Show More
Show Less
Ask Your Own Legal Question
Answered in 1 day by:
3/9/2018
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 2,894
Experience: Partner at Kent Law Group, LLC
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is general information for educational purposes only and doesn’t constitute not legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can.

.
Give me just a moment to review what you've written.

Ask Your Own Legal Question

No, they can't do that. It sounds like it was a type - someone hit a wrong key somewhere. You should certainly appeal it but you should also contact the court clerk and find out if it was just a plain old mistake.

Ask Your Own Legal Question
Customer reply replied 1 month ago
Thank you Olivia. I did appeal it. They said that the charge was amended at trial. At the beginning of the trail the police officer asked to amend the charge and the judge agreed. I honestly didn't realize that had happened. This was my first time in court. The officer just listed the charge numbers. No description of what the numbers meant, and no one asked me if I understood the new charge. I didn't know what had happened so I argued my innocence to the charge that was listed on all of the documents I had. I was confused. I asked at one point if the charge was "crossing a flare pattern or beacon" (the original charge). The judge said "I don't think that's an issue". I didn't understand his response. I don't know how trials work so I didn't press further. I feel like if they wanted to change the charge, during the trial, they should have explained to me what I was being charged with. Especially since I made it clear that I didn't understand.
Customer reply replied 1 month ago
I have an audio recording of the trail.

Honestly, my friend, I have literally never heard of THAT before. When you appeal you of course have to explain that you did not get your day in court because you were arguing against a charge that was no longer what you were being charged with. You might also want to argue that it was PREJUDICIAL for them to change the charge mid-trial without explaining what that meant to you.

P.S. Definitely include the recording as an exhibit - but direct them to a certain spot in the recording since they won't listen to the whole thing!

----

Reminder: Please note this site is general information for educational purposes only and doesn’t constitute not legal advice.

Please let me know if that answers your question. If you don't need any additional information, if you wouldn't mind could you please take a moment to submit a rating. It DOES NOT cost you anything extra and it allows me to get credit for helping you. Sometimes people aren't aware that experts don't get any credit for the time and effort that we spend on our answers unless you rate it positively. 5 STARS is always appreciated! If you have follow up questions I'd be happy to answer them as well. You can still ask follow up questions after rating. There may be some lag in my response time if you follow up with additional questions. It just means I'm working with someone else but I will ALWAYS come back an answer your questions when I'm done.

Ask Your Own Legal Question
Customer reply replied 1 month ago
When are they supposed to change the charge? How does that normally work?

They'd have to notify you as soon as the charge was modified. So if it was during the trial, they'd have to notify you immediately.

Ask Your Own Legal Question

You'll want to review the transcript to see how exactly it happened since the prosecutor needs to notify the court at that point.

Ask Your Own Legal Question

and if there was a jury (you haven't said there was...) they jury would need to be educated differently about the standard there...

Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 2,894
Experience: Partner at Kent Law Group, LLC
Verified
Olivia Kent and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
It wasn't a jury trial. I guess the police officer is the prosecutor in traffic court, so technically he did notify the court. But I think the new charge should have been explained to me, especially since I asked specifically about the charge later in the hearing. The judge had to know I didn't understand the new charge or even that the charge had been changed. I will argue that it was PREJUDICIAL for them to change the charge mid-trial without explaining what that meant to you. Thank you for your help.

Thanks so much for your rating! The police officer is not the prosecuting attorney. They'd be separate people. You'll want to review the testimony of the attorney and the statements made by the prosecutor and see if the statements by the prosecutor were misleading or if someone should have done a better of explaining to you, an unrepresented litigant, what was going on! f I can be of assistance in the future, you can reach me directly by clicking HERE or asking for me directly by putting THIS QUESTION IS FOR OLIVIA before typing your question.
It saves you from having to explain your situation anew, to a brand new person.

Ask Your Own Legal Question
Customer reply replied 1 month ago
Okay. Then there was no prosecutor present. Just the police officer, judge and bailiff. ??

Sounds odd... that just doesn't make sense. I would look at your transcript b/c there has to be someone questioning the officer.

Ask Your Own Legal Question
Was this answer helpful?
Ask Olivia Kent Your Own Question
Olivia Kent
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 2,894
2,894 Satisfied Customers
Experience: Partner at Kent Law Group, LLC

Olivia Kent 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:

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

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

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

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I have a non-jury trial scheduled this coming Monday for
I have a non-jury trial scheduled this coming Monday for credit card debt. I just want to know what to expect. I'm working with a credit resolution program to settle the debt, but they haven't come to an agreement as of yet. … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,820 satisfied customers
I am in a foreclosure and have a non jury trial coming up
Second opinion] Hi, I am in a foreclosure and have a non jury trial coming up this Tuesday. We were misinformed and told to fire our attorneys and get legal aide on our side. Our attorneys submitted a… read more
Bill Attorney
Bill Attorney
law
2,018 satisfied customers
Is there any issue with providing video deposition testimony
is there any issue with providing video deposition testimony (from a party to the same lawsuit) as an exhibit to a motion or opposition?… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,153 satisfied customers
Can I ask for a jury trial on a traffic violation in state?
Can I ask for a jury trial on a traffic violation in Washington state? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
Can I ask for a jury trial on a traffic violation in state?
Second opinion] Can I ask for a jury trial on a traffic violation in Washington state? … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
During a jury trial concerning a contract purportedly with a
During a jury trial concerning a contract purportedly with a LLC. The contract did not reference an LLC as the Seller. I questioned the plaintiff if he was a member, managing member, how many members … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
At close of a jury trial I moved for a directed verdict.
At close of a jury trial I moved for a directed verdict. Specifically, I stated to the court "I move for a directed verdict...." the judge stated "Your motion is denied" before I stated the grounds fo… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
What does it mean when a case is vacated in a jury trial??
What does it mean when a case is vacated in a jury trial?? And a new date is set for the next day?… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
I need sight a lawyer to force a police officer testimony in
I need sight a lawyer to force a police officer testimony in court … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,349 satisfied customers
In Illinois, can a jury trial be demanded for a vehicle
In Illinois, can a jury trial be demanded for a vehicle forfeiture proceeding which is related to a commission of a crime while using the vehicle? e.g. driving while revoked while driving a vehicle. … read more
Ray
Ray
Lawyer
Doctoral Degree
32,095 satisfied customers
I'm a pro se litigant, jury trial verdict for plaintiff,
I'm a pro se litigant, jury trial verdict for plaintiff , damages less then claims, punitive damages, verdict silliness, i need to file for payment plan, judge awarded filing fees and costs, they file… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,697 satisfied customers
In California, I need to extend the jury trial date - need
In California, I need to extend the jury trial date - need more time. Which form? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
What exactly does waiver of jury trial relating to this loan
Hello, What exactly does waiver of jury trial relating to this loan agreement mean for me as the borrower? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,148 satisfied customers
Could I subpoena a written statement instead of testimony,
Could I subpoena a written statement instead of testimony, of since there is no hair to analyze? Could that be enough information to have a judge to grant a temporary Immediate danger ruling? What day… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
If during open testimony in workers comp court the court is
if during open testimony in workers comp court the court is made aware of serious criminal activity within a city agency are they bound by oath or any law to report it … read more
Marsha411JD
Marsha411JD
Doctoral Degree
20,423 satisfied customers
Is it permissible for an expert to give testimony colloquy?
Is it permissible for an expert to give testimony colloquy? Have an expert that will show up for the trial but due to timing we can't get his report ready in time. I'd like to inform the court that du… read more
Ray
Ray
Lawyer
Doctoral Degree
32,095 satisfied customers
Can I use testimony of a witness from another case to help
Can I use testimony of a witness from another case to help prove my case? I'm not sure if it was cross examination or a portion of a deposition that was read in court but it was found in court filings… read more
Ray
Ray
Lawyer
Doctoral Degree
32,095 satisfied customers
I sat in county jail for four years for jury trial of first
i sat in cook county jail for four years for jury trial of first degree murder found not guilty of all charges. it was obvious self-defense wouldn't bring down to second . during motion prosecutor sta… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 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