$1,006 fine, got court date in two days, what to plead?

[javchac]

Hello guys, so this is a very long story, but I will sum it up as much as I can.

I sent my paperwork to the DMV to get my registration renewed and my new tags (January, 2015), they told me I needed to get smoke check which I did, and sent paperwork back again, weeks went by and I didn't get my tags yet, knowing how painfully slow the DMV is, I didn't call. More weeks went by I thought it was getting too long so I called, they told me they were processing them and all the paperwork was in order and I should be getting the tags soon, they told me to be patient because it takes time.

So I waited more weeks, nothing yet, I called again and they were supposedly still processing them. So I waited even more weeks, by now it was June, 2015. I was driving my mom to a museum when I got pulled over by a cop. He told me I had expired tags, I explained him everything, he said: "Okay, get this fixed soon, it's very important, sign here." I signed, he gave me a ticket, and drove off. Exactly one day after, I went to the DMV got new tags and registration. I thought that was the end of it.

Months later (October, 2015), my ex-roommate (I relocated, and updated my address) told me I had received an envelope from court, I had no idea what could it be since I didn't recall having any legal problems. The letter said I failed to show up in court, and now I owed $1,006!! I thought it was a scam of some sort, but I called and it turned out to be a real thing.

Fast forward to now, I have a new court date in two days, I have this huge, completely unnecessary fine that was caused by a delay of the DMV in the first place, and I absolutely can't afford it, not even in a payment plan (broke student). I had absolutely no idea I had to go to court. Officer only told me to "take care of the problem" which I did.

How do I go about this in court? I got the fine in the first place because of negligence from the DMV! Also, I got the problem fixed right after. I can't afford to pay this fine, paying for this would mean literally going homeless.

What should I plead, guilty not guilty? Help please.

 

[Highwayman]

First of all what state is this??

Negligence of DMV? Really? YOU were negligent because:

1) you knowingly drove a car with an expired registration
2) you knowingly disregarded the ticket you got for it and failed to appear in court

 

[javchac]

The state is California.

 

[army judge]

The state is California.

You MIGHT be able to if you're LUCKY and POLITE appear in court ON TIME with PROOF of the plates being issued on the day you received the citation, or even the next day.

So, you appear, speak with the prosecutor about confusion.
Show your PROOF with the chronology of events matching the real life events and ask for the citation to be dismissed because of the processing delays.

However, the pushback will be that you were driving an improperly licensed vehicle. You knew that, yet took the risks. Then you failed to appear to contest the citation. If the prosecutor says no deal, your next move is try and convince the judge.

It's a hard sell, maybe impossible, but its all you've got.

 

[javchac]

You MIGHT be able to if you're LUCKY and POLITE appear in court ON TIME with PROOF of the plates being issued on the day you received the citation, or even the next day.

So, you appear, speak with the prosecutor about confusion.
Show your PROOF with the chronology of events matching the real life events and ask for the citation to be dismissed because of the processing delays.

However, the pushback will be that you were driving an improperly licensed vehicle. You knew that, yet took the risks. Then you failed to appear to contest the citation. If the prosecutor says no deal, your next move is try and convince the judge.

It's a hard sell, maybe impossible, but its all you've got.

Thank you for your reply. One question, when do I talk to the prosecutor? Before court session? And where do I find him, assuming he's there? Is this a formal procedure where you can ask for this? Sorry, I've never been in court.

 

[army judge]

Thank you for your reply. One question, when do I talk to the prosecutor? Before court session? And where do I find him, assuming he's there? Is this a formal procedure where you can ask for this? Sorry, I've never been in court.

You'll find him or HER by arriving early on your trio date and asking to speak to HER or him. Sometimes she'll ask if anyone wants to discuss a deal. Be proactive, ask. Be early, because you know who gets the worm.

The discussion is informal, and its all common sense, it's just traffic court, or what I call it, liar's court.

If the prosecutor, sometimes its the city or county attorney, says I deal, or offers a deal you dislike, ask if you can take traffic school.

Otherwise, thank him or her, and say you'll ask the judge.

Again, that's a crap shoot.

Bottom line, they want money, as much money as they can get.
So, always OBEY their laws.

 

[javchac]

You'll find him or HER by arriving early on your trio date and asking to speak to HER or him. Sometimes she'll ask if anyone wants to discuss a deal. Be proactive, ask. Be early, because you know who gets the worm.

The discussion is informal, and its all common sense, it's just traffic court, or what I call it, liar's court.

If the prosecutor, sometimes its the city or county attorney, says I deal, or offers a deal you dislike, ask if you can take traffic school.

Otherwise, thank him or her, and say you'll ask the judge.

Again, that's a crap shoot.

Bottom line, they want money, as much money as they can get.
So, always OBEY their laws.

Is it possible, if the judge determines I have to pay the fine, reduced or not, to ask for community service or traffic school? I just really can't afford to pay this fine, I barely can afford to pay food and rent.

 

[d1amund]

Is it possible, if the judge determines I have to pay the fine, reduced or not, to ask for community service or traffic school? I just really can't afford to pay this fine, I barely can afford to pay food and rent.

You're welcome to briefly explain your financial situation in court. Whether or not the judge will believe it or feel sorry for you and reduce the fine or come up with some other punishment is completely arbitrary depending on the judge and their mood at that moment.

Show up early; I consider 15 minutes early to be on time in all situations in life, so be at least 15 minutes early. If you're late...might as well not even bother showing up (kidding of course) because at that point you've just made a mockery of the court and you're already starting out on the wrong foot. Dress as professional as you can or can afford. Speak properly and courteously, do not use profanity, do not place blame where blame is not warranted or able to be validated as true. Whether you respect the court, it's officers or not is your opinion...but just know you're on their turf so you have to fake it. Act like you care about the gravity of the situation and hope they will give leniancey based on the "misunderstanding". Good luck.

 

[Highwayman]

You have very likely already been charged with a failure to appear - which is a misdemeanor. It is also very likely that there is a hold on your drivers license or it could be suspended.

When you were issued the original ticket you signed it promising to appear in court. Why you thought it didn't matter is beyond me.

You have no good excuse for not showing up. Other than being in the military, jail, or a hospital, there is no excuse that will be acceptable to most judges.

 

[army judge]

FINES AND FEES FOR ECONOMICALLY DEPRIVED PEOPLE

If you have any outstanding court debts be aware of your options and rights under most state laws if you cannot afford to pay the amount owed to the court in FULL!!! It is not legal for a judge to jail an you just because you cannot pay fines or fees. Be advised, "failure to appear" can and often does change that narrative!!!

The law requires a judge to ask whether a person has the ability to pay their debt before committing that person to jail. If a person cannot pay, you cannot be required to pay the fines or fees in jail time (meaning, pay down the fines through your jail stay).

If you are arrested for unpaid fines but cannot pay the total amount owed, you should inform the judge and explain why. Not being to able to pay your loan for your 2016 Ferrari ISN'T a reason that will hold weight with the court.

You may ask the judge for one or more alternatives to immediate payment:

A lower fine tailored to your disadvantaged income. Judges can reduce the amount owed, including fines, fees and court costs based on income, resources and family obligations. This is also called a "partial waiver."

A payment plan, allowing you to pay in installments over a period of months. Judges have the authority to order monthly payments in any amount, as small as a financially disadvantaged person can afford each month.

Community service, to be performed at locations authorized by the court. An individual COULD get at least $50 (maybe MORE) of credit towards your fines for every eight hours work, and judges may order credit at a higher rate.

A combination of these options might also be crafted by the court. You can discharge part of the debt through payment plans or community service and ask for a waiver of whatever is left over.

Anyone who does not have enough income to pay the court debts in full — including people who receive government assistance, disability or other government assistance benefits, unemployed, and those with minimum-wage or low-wage jobs — should ask for options. It is must fully explain the your limited income to the judge. Above all else YOU must be COMPLETELY truthful.

Individuals who were under 18 when they were fined could have even more legal rights and options. The court must make special findings before issuing a warrant in such cases and can also order individuals to complete tutoring instead of paying fines, if their offenses occurred on school grounds.

Most courts have written forms that people can use to apply for a payment plan or to work off the debts through community service. People can request these alternatives using these forms or by asking to talk directly with a judge. People should present COME PREPARED AND BRING PROOF of your household income, along with your monthly payment obligations to show that you have limited means to pay your fines!!!