Traffic violation procedures

analogmason13 said:Need some help with a legal question here. Is it actually true that a fine from a misdemeanor court—you know, the money and $267—gets counted toward the fine $833 handed down in a verdict from a municipal criminal court for the exact same offense? Like, does that mean you end up only paying $567 in total... or are they both separate payments that need to be cleared?
Thanks for any input

That’s correct—the fine from the lower court gets applied to the criminal sanction, provided the initial misdemeanor case is already closed... Otherwise, if the district court ruling becomes final first, then the lesser proceeding just gets dropped entirely...

analoghawk39 said:A local court here in the area just handed down a ruling that’s going to hit my bank account pretty hard🙂 5 $0.00 for being caught with about 3.4 grams of marijuana!
Since I’m a complete novice when it comes to navigating the legal system, I was hoping someone could help me out with three specific questions:

1. How much of a difference does it actually make if I file an appeal? I’m currently an unemployed full-time student, and my family situation is incredibly heavy right now—I lost access to my late father’s veteran benefits, my mother is dealing with some serious heart issues and is waiting on surgery, and my brother is going through a really rough patch in his adolescence and is undergoing intensive therapy. (In your experience, which of these details would be most relevant to include in a formal appeal?)

2. If I decide to go ahead with the appeal, what is the best way to send it off since I can't deliver it in person? There is a case number listed, something like Roman numeral case no. xxxx/xx, so I assume that's the key identifier I need to use.

3. Will this misdemeanor lead to any criminal prosecution later on, and honestly, how bad is the outlook for me?

My sincere apologies if anyone has already covered this topic elsewhere...

Thanks so much in advance for any insight you can offer!

1. Just lay all of that out in the appeal. While some of it won't necessarily sway the judge regarding the type or amount of the penalty, it certainly won't hurt your case...

3. It really depends on the District Attorney, but yeah, there's a chance you could be pushed toward criminal charges... though it doesn't look like you're totally doomed, especially since you've never had a run-in with the law, the amount wasn't huge, and you have zero income... you'll likely get probation or maybe just a fine, but jail time is almost certainly off the table.

Please forgive my sudden intrusion and the fact that I am veering off-topic, but as I have been reading through this subforum quite intently over the last couple of days, I couldn't help but notice a certain pattern! Is it not truly fascinating how many people seeking legal advice here seem to operate under the impression that lawyers possess some sort of supernatural clairvoyance or psychic abilities?

What on earth could a judge possibly ask when they see the father for the very first time?

What kind of sentence should we be expecting?

Terry Ramos60 said:Please forgive my sudden intrusion and the fact that I am veering off-topic, but as I have been reading through this subforum quite intently over the last couple of days, I couldn't help but notice a certain pattern! Is it not truly fascinating how many people seeking legal advice here seem to operate under the impression that lawyers possess some sort of supernatural clairvoyance or psychic abilities?

What on earth could a judge possibly ask when they see the father for the very first time?

What kind of sentence should we be expecting?

Don't underestimate them. Lawyers actually understand the mess that is the legal system better than most, and it's easy to get lost in it when you aren't expecting it.

Well, who's to say they don't possess some sort of supernatural abilities? 😉

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.

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?

nimbleotter18 said: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?

Who’s actually bringing the charges? Is it a private prosecutor or the Department of Justice?

You can apologize over the phone. But if you miss the call, it shows up on the return logs anyway, so there's no point in stressing about it. Just make sure you show up next time.

Jerry Flores32 said:Who’s actually bringing the charges? Is it a private prosecutor or the Department of Justice?

The local county court. Biggest headache is whether I'll need a lawyer. You pay them a fortune upfront just to have the other side buy them off later.

Jerry Flores32 said:You can apologize over the phone. But if you miss the call, it shows up on the return logs anyway, so there's no point in stressing about it. Just make sure you show up next time.

You really think the court is going to keep sending out summonses?

nimbleotter18 said:You really think the court is going to keep sending out summonses?

They’ll send another summons. Unless it’s already been issued as a citation.
Don't blame the court. The indictment will clearly state if it's the Victim acting as prosecutor, a private prosecutor, or the District Attorney's Office.
If the District Attorney's Office is handling it, they've already included a sentencing recommendation. You should have seen that under section 4 of the indictment.
If it’s a private prosecutor, then the criminal court determines the sentence—though sometimes the private prosecutor does.

Did you even receive any paperwork? An actual indictment along with the summons???????? 😕

nimbleotter18 said:The local county court. Biggest headache is whether I'll need a lawyer. You pay them a fortune upfront just to have the other side buy them off later.

Well, yeah, I guess it really is probably better to just ask around here and try to settle things this way... though, I suppose one could wonder how we know the opposing side hasn't "bought" us off too, right?☕

Jerry Flores32 said:They’ll send another summons. Unless it’s already been issued as a citation.
Don't blame the court. The indictment will clearly state if it's the Victim acting as prosecutor, a private prosecutor, or the District Attorney's Office.
If the District Attorney's Office is handling it, they've already included a sentencing recommendation. You should have seen that under section 4 of the indictment.
If it’s a private prosecutor, then the criminal court determines the sentence—though sometimes the private prosecutor does.

Did you even receive any paperwork? An actual indictment along with the summons???????? 😕

Look, when you get hit with something like this, you don't really want to dig into the fine print. But there were two pages in the envelope. The first one had the date my dad was supposed to show up in court and what happens if he doesn't. The second page was probably the summons itself, including a quote of what my father actually said to the guy (there was more, I'll have to check).
Out of those three "prosecutors" you mentioned, which one is the least threatening?

Brian Lopez8 said:Well, yeah, I guess it really is probably better to just ask around here and try to settle things this way... though, I suppose one could wonder how we know the opposing side hasn't "bought" us off too, right?☕

Easy for you to say.

nimbleotter18 said:Easy for you to say.

I really don't think I'm joking, though; I suppose I was just trying to point out what seems like some totally unfounded paranoia regarding something that, from my perspective, looks quite benign... if you could maybe provide a bit more detail, then I might be able to offer some better advice, but honestly, if I were to give the best piece of advice—and I'll give it for free—it would be that the old man should probably just hire an attorney, because if he doesn't, I fear he'll end up getting tossed around in these arguments like a headless chicken and could potentially dig himself into an even deeper hole...

nimbleotter18 said:Look, when you get hit with something like this, you don't really want to dig into the fine print. But there were two pages in the envelope. The first one had the date my dad was supposed to show up in court and what happens if he doesn't. The second page was probably the summons itself, including a quote of what my father actually said to the guy (there was more, I'll have to check).
Out of those three "prosecutors" you mentioned, which one is the least threatening?

I don't get it. You receive a court summons, yet you're claiming you can't be bothered to read the contents? 🤣 And now you're asking questions here? 😕
If you can't even tell whether you've been served a lawsuit, a criminal complaint, a citation, or just a notice from the Municipal Court—then we're done.
I can't help you if you don't grasp the absolute basics.

It's your first time getting a summons, and you aren't even looking to see EXACTLY what it's about? 😵

Brian Lopez8 said:I really don't think I'm joking, though; I suppose I was just trying to point out what seems like some totally unfounded paranoia regarding something that, from my perspective, looks quite benign... if you could maybe provide a bit more detail, then I might be able to offer some better advice, but honestly, if I were to give the best piece of advice—and I'll give it for free—it would be that the old man should probably just hire an attorney, because if he doesn't, I fear he'll end up getting tossed around in these arguments like a headless chicken and could potentially dig himself into an even deeper hole...

True, but hiring a lawyer for every single hearing costs a fortune $0.00. We're trying to settle this without breaking the bank. Maybe paying a small fine wouldn't even be that bad.

The issue is we don't actually know where we stand legally, so I have no idea what our first move should be.

Jerry Flores32 said:I don't get it. You receive a court summons, yet you're claiming you can't be bothered to read the contents? 🤣 And now you're asking questions here? 😕
If you can't even tell whether you've been served a lawsuit, a criminal complaint, a citation, or just a notice from the Municipal Court—then we're done.
I can't help you if you don't grasp the absolute basics.

It's your first time getting a summons, and you aren't even looking to see EXACTLY what it's about? 😵

I'll check when I get home. It's a court summons—the very first thing you'd receive from the court.
The second I held it this morning, I was too busy staring at the part where they quote my father.

We'll decide what to do this afternoon, or tonight.

I'll follow up once I have the actual facts.