what happens when you send a lawyer to traffic court for you

Do I need a lawyer for a traffic ticket?

The old saying goes, “the person that represents himself in court has a fool for a client.” Though they may seem simple, traffic court cases can get very complicated, and unanticipated things can occur, and it is best to hire a well-trained traffic ticket attorney who can help you every step of the way.

What do attorneys do in traffic court?

Attorneys who spend lots of time in traffic court are familiar with the tendencies of the different judges and sometimes of the law enforcement officers who write the tickets. This local knowledge can prove valuable in deciding how to defend against a ticket.

Can I get a court-appointed attorney in traffic court?

In traffic court, there's generally no right to a court-appointed attorney. So, unlike in criminal court, you'll see lots of people without legal counsel representing themselves.

What happens in traffic court?

On any given day in traffic court, there are usually quite a few cases scheduled for trial. Typically, how it works is the clerk calls each case, and the driver and officer who issued the ticket come up to the front. If the driver is present but the officer isn't, the driver essentially wins the trial and the judge dismisses the ticket.

How to resolve a traffic ticket?

Usually, the quickest and easiest way to resolve a citation is to admit guilt and pay the citation online or by mail. This article, however, discusses what you can generally expect if you decide to handle your ticket by going to traffic court.

What is the first day of traffic court?

Arraignment: First Day in Traffic Court. Most citations have instruction on when and where to go for court. The first court date is usually called an “arraignment.”. You should get to the courthouse early so you have enough time to figure out what courtroom you need to be in.

What happens after you go to traffic school?

After the driver completes traffic school, the court dismisses or removes the violation from the driver’s record, allowing the motorist to avoid drivers license points.

What happens when you show up for a court date?

When you show up for court on your trial date, the routine is similar to that of arraignment day. But usually, all the cases on the court’s calendar will be traffic trials. If there are any arraignments on the calendar, the judge will normally get those out of the way first. For each traffic trial, the judge calls the case, ...

What is a plea of not guilty?

Typically, pleading not guilty is the equivalent of requesting a traffic court trial. When you enter your plea, the judge sets a date for your trial and subpoenas the officer who gave you the ticket to come to court on that date.

What happens when an officer testifies in a citation?

Then, the defendant has the opportunity to cross-examine the officer. When the officer finishes testifying, the defendant also has a chance to testify and present evidence.

Why do drivers request a trial?

Many drivers request trials not because they want to fight their ticket, but because they’re hoping the officer won’t come to court. If the officer does show up to court, and you don't want to do the trial, chances are you'll still have the option of changing your plea to not guilty.

What happens if you don't have a license?

However, when you do not have a license, or it has been suspended or revoked, no registration, or proof of insurance, the LE officer will issue you another ticket and in some cases, tow your vehicle and take you to the station for further processing. If the vehicle does not belong to you and there is no registration or proof ...

How long do you have to wait to get a bail refund?

After you have submitted your form to the court, it must be at least five days prior to your court date, you simply wait 60-90 days for the court’s decision. If the court finds you not guilty, they will refund your bail and the case is closed.

What happens if a vehicle does not belong to you?

If the vehicle does not belong to you and there is no registration or proof of insurance or there are other problems with the vehicle, such as a broken taillight or etc., the LE officer will contact the owner as well and issue them a “fix-it” ticket to get the problem fixed.

What is a TBD in court?

Trial by Declaration Instead of Traffic Court. In case you wish to fight your ticket either in court before a judge or with a Trial by Declaration (TBD) you will need to post bail in the amount of the ticket with the court clerk.

What is the most important part of a not guilty plea?

The most important portion of the form is the Declaration of Facts, which is your opportunity to explain exactly what happened. Although it is not required, you should consult an attorney to get the specific legal premise for your not guilty plea. You may submit the following objects to support your case:

Can you ask for a trial de novo?

However, if they find you guilty, you still can ask for a Trial de Novo or a new trial. This must be considered very carefully and should be discussed with your attorney because any special circumstances allowed by the court, such as traffic school or reduced fines will not carry over to the new trial, you will start from zero.

Do you have to appear in court to fight a ticket?

With this method of fighting your ticket, you will not need to appear in court. You just fill out the form and submit whatever evidence or written statements you have to the court clerk along with a check or money order for the amount of your ticket.

Why is it difficult to represent yourself in traffic court?

One of the problems with representing yourself is the lack of experience and legal knowledge. The average person just doesn't know what the best courses of action are in a given case. Experienced traffic attorneys have the best idea of what tactics and options are available for obtaining good results. And, it's not all legal knowledge. Attorneys who spend lots of time in traffic court are familiar with the tendencies of the different judges and sometimes of the law enforcement officers who write the tickets. This local knowledge can prove valuable in deciding how to defend against a ticket.

How many times do you have to go to court for a traffic ticket?

If you decide to fight a traffic ticket, you'll generally have to go to court at least twice. But if you hire an attorney, you typically won't have to go to court at all. In other words, your attorney can represent you in court without you being present.

What is the difference between a minor traffic violation and a serious traffic violation?

There are some major differences between minor traffic violations (like speeding or running a stop sign) and more serious driving-related crimes like driving under the influence (DUI) and reckless driving. In short, the consequences of a minor traffic violation conviction are generally much less severe than those for a DUI or other criminal charges. So, whereas you might be able to contest a traffic ticket without an attorney, fighting a serious charge like a DUI without legal representation typically isn't a good plan.

Is it worth hiring a traffic attorney?

In some circumstances, hiring a traffic attorney clearly isn't worth the expense. For example, if you're eligible for traffic school and don't have a reasonable chance of beating your ticket, it's probably best to forgo hiring an attorney. Generally, you can sign up for traffic school without even going to court, so there isn't much benefit of having legal representation—you can just do it yourself.

Can you contest a traffic ticket without an attorney?

So, whereas you might be able to contest a traffic ticket without an attorney, fighting a serious charge like a DUI without legal representation typically isn't a good plan.

Do you have to give consent to a text message from Martindale-Nolo?

You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply.

Do traffic lawyers win at trial?

Traffic lawyers with lots of trial experience are far more likely to win at trial than the average Joe or Jane. Simply put, attorneys who have spent countless hours in a courtroom and have knowledge of the law know what to focus on at trial. For non-lawyers, it's easy to get off track.

Differences Between Traffic Court and Criminal Court

Even though a traffic violation is technically considered a crime, most traffic offenses are not serious enough to be heard in normal criminal court, which handles offenses like misdemeanors (known as disorderly persons or petty disorderly persons offenses in New Jersey) or felonies (known as indictable crimes in New Jersey).

What to Expect in a Traffic Court Trial

Traffic courts are often much less formal affairs than criminal courts. Although you do not have the right to have an attorney appointed for you if you cannot afford one when you go to traffic court, you do have the right to hire an attorney and have him or her represent you in traffic court.

Contact an Experienced Moorestown Criminal Defense Lawyer About Your Traffic Charges in New Jersey

Were you arrested or charged with traffic violations in New Jersey? The consequences of a conviction could be severe, leaving you with a permanent criminal record and possibly even sending you to jail. That is why you need to speak with a qualified criminal defense attorney as soon as possible about your case.

How does traffic court work?

Typically, how it works is the clerk calls each case, and the driver and officer who issued the ticket come up to the front. If the driver is present but the officer isn't, the driver essentially wins the trial and the judge dismisses the ticket.

What is the worst thing that can happen in traffic court?

Also, the stakes in traffic court are lower than they are in criminal court—typically, the worst thing that can happen in traffic court is the driver is found guilty and must pay a fine . These—and perhaps other—factors contribute to a less intimidating and less rigid atmosphere than what you mind find in other types of courtrooms.

What happens when a police officer is finished?

When the officer is finished, the driver or driver's attorney has an opportunity to cross-examine the officer and ask questions of their own. Despite the informalities of traffic court, the rules of evidence still apply.

What is evidence in a traffic case?

In most traffic cases, the government's evidence consists of only the testimony of the officer who gave the ticket. In some states, prosecuting attorneys represent the state in traffic court trials. But in many states, there aren't prosecutors in traffic court. So, depending on whether there is a prosecutor, the officer will either answer questions posed by the prosecutor or just tell the story and answer any questions the judge might have. When the officer is finished, the driver or driver's attorney has an opportunity to cross-examine the officer and ask questions of their own.

What happens if the driver is present but the officer isn't?

If the driver is present but the officer isn't, the driver essentially wins the trial and the judge dismisses the ticket. But if both parties are there, the trial will begin. In most trials, the attorneys make opening statements in which they explain to the jury what they think the evidence will show. But the evidence that's presented ...

What happens when the government presents evidence?

Once the government has presented all of its evidence, the driver has a chance to present evidence. The driver might want to testify or present physical evidence like photos and the like.

What is the driver's chance to present evidence?

The Driver's Chance to Present Evidence. Once the government has presented all of its evidence, the driver has a chance to present evidence. The driver might want to testify or present physical evidence like photos and the like. For example, for a stop sign ticket, a driver might want to present a photo to the court showing ...

How to defend against a traffic ticket?

You may be able to make your defense to a traffic ticket by writing and signing a declaration or affidavit under penalty of perjury. The declaration will contain your version of events and your legal arguments. Sometimes a driver will submit accompanying declarations or affidavits by witnesses as well. Most states do not specifically allow for this procedure, but a court still may permit it upon request. Drivers sometimes ask for a trial by declaration or affidavit if they live far away from court. They also may feel that they can present their arguments more effectively in writing than orally.

Why do drivers ask for a trial?

Drivers sometimes ask for a trial by declaration or affidavit if they live far away from court. They also may feel that they can present their arguments more effectively in writing than orally. Using a trial by declaration or affidavit results in waiving certain rights.

What does "not guilty" mean in a plea?

While this sounds essentially like a guilty plea, it has the critical difference of not being an admission of guilt. Technically, you are just admitting the facts in the charge. Pleading guilty can be used to establish your liability in a civil case, while pleading nolo contendere cannot. If a judge refuses to allow you to enter a nolo contendere plea, you should plead not guilty and review the situation with an attorney.

What to do if you get a ticket and you are not eligible for traffic school?

If you have received a traffic ticket, you will need to decide whether to pay your fine or go to court to fight it. In legal terms, this is known as “pleading.”. There are four main ways to plead if you are not eligible for traffic school or do not want to go to traffic school. You can pay the fine, which is similar to pleading guilty.

Why is delay important in traffic cases?

This can play a role in a traffic cases because the case tends to be scheduled close to the end of the permitted time period. Any delay that was not your responsibility may push the case past the speedy trial window and allow you to get it dismissed.

Can you postpone a speedy trial?

If you want to postpone the arraignment or trial, you should arrange for a new date that is still within the required period. Otherwise, you may waive your right to a speedy trial, since it would be unfair for a driver to get a case dismissed on the basis of a delay that they caused.

Which amendment gives you the right to a speedy trial?

Delays and Your Right to a Speedy Trial. You have a right to a speedy trial under the Sixth Amendment to the U.S. Constitution. While the Constitution does not define the required time period, some states set a specific limit.