Traffic violation procedures
in Criminal and Misdemeanor Law ·
Jerry Flores32 said:He HAS to show up in court. Or rather, your father does.
If you can't make it, a formal apology to the judge is mandatory.
Otherwise, expect the police to come pick him up next time. Truly wonderful.
If he insulted the man—he’s guilty. Period.
He could just plead guilty and get probation for 3-6 months (non-custodial), a reprimand, or something similar. It depends.
But if he pleads not guilty and drags this through a full trial, then we're looking at legal fees and all that mess.
My suggestion? If he actually did insult him, just take the penalty and be done with it in ten minutes.
Look, property disputes, boundary issues, all that stuff belongs in civil court, not in some verbal shouting match. If your father thinks someone is building on your land, he needs to file a lawsuit. End of story.
Fine, I know they have to show up or face a $5 $0.00 fine—that's what the summons says.
Regarding this apology thing, is it a conversation or something in writing? Maybe we can find a record at the post office showing when we picked up the letter.
Now, about what to tell the judge—someone I know who dealt with something similar told him it was a mistake to plead guilty because then you end up paying a $2,000$1000 fine.
That’s exactly the logic he used, honestly. He thought it would keep things quiet and quick, but now he thinks he screwed himself by admitting it.
About this part: "If he says he's not guilty and drags it out, there are costs and stuff." Will this guy try to claim emotional distress if my father pleads guilty?
I'll add that my folks are probably right, but whenever you call code enforcement, nothing happens. They don't show up, and when you ask why, they say another officer took the case. This guy is actually related to some well-known politician.
Maya, you're suggesting he plead guilty because that's your opinion, because you've been through this, because you know how the law works... or whatever?