Does Charging Me for the Jury Violate My Right to a Jury?

Status
Not open for further replies.
J

JoeBlowMO

New Member
My question involves traffic court in the State of: Missouri

I've been charged with a traffic violation that's classified as a misdemeanor. I pleaded not guilty at my arraignment, and then I sent in my demand for a jury trial. I received a reply from the prosecuting attorney which included the following:

to inform a bit about how jury trials work in this judicial circuit: I do not expect the currently scheduled bench trial to become the date for a jury trial based on your request. Rather, I expect that this case to follow normal procedure and be place on the trial setting docket. The presiding judge address all of the cases set for jury trial once a month. At that time, the judge will give this case a trial date which is usually somewhere between 1-3 months away.

Lastly, I wanted to make you aware of 550.010 RSMo, which states in part "Whenever any person shall be convicted of any crime or misdemeanor he shall be adjudged to pay the costs, and no costs incurred on his part... shall be paid by the state or county." I have seen this amount reach over $800 for a half day jury trial and is separate from any sentence imposed after a guilty verdict.
Click to expand...

Is that an intimidation tactic or am I really in a pickle?

My understanding is that, according to state and federal law, I shouldn't even have to demand a jury trial. I should be given one by default according to Federal Rule of Criminal Procedure 23. And I understand my right to a jury is further protected by the Sixth Amendment to the US Constitution, Missouri Constitution Article I Section 22a, and RSMo 510.190. 550.010 says that the state or county won't pay for costs incurred on my part, but is the cost of a jury really incurred on my part if I'm supposed to be given a jury trial automatically and am only demanding one to make sure that happens?

Would 550.010 also mean that I'd have to pay more than my ticket cost even without a jury trial? Sites like nolo.com tell me I have nothing to lose by pleading not guilty because even if I lose the case I'll only have to pay the fine on the ticket, same as if I pleaded guilty. Is that not the case?

It's also a problem that a jury trial would have to be set for a later date, because I told them I'm moving to another state. I guess it's understandable that a jury trial would take longer to set up. But I plan on moving for a speedy trial dismissal on the grounds that the trial is already scheduled for over 4 months after I got the ticket and if a jury trial would have to be 5-7 months after my ticket then that would be impossible for me.
 
JoeBlowMO said:
My question involves traffic court in the State of: Missouri

I've been charged with a traffic violation that's classified as a misdemeanor. I pleaded not guilty at my arraignment, and then I sent in my demand for a jury trial. I received a reply from the prosecuting attorney which included the following:


Lastly, I wanted to make you aware of 550.010 RSMo, which states in part "Whenever any person shall be convicted of any crime or misdemeanor he shall be adjudged to pay the costs, and no costs incurred on his part... shall be paid by the state or county." I have seen this amount reach over $800 for a half day jury trial and is separate from any sentence imposed after a guilty verdict.
Click to expand...


Is that an intimidation tactic or am I really in a pickle?
Click to expand...



Read this first:

http://www.douglascountyherald.com/...-misdemeanor-speeding-ticket-is-found-guilty/






These links might better help you understand what awaits you, and what you don't want to do:

http://www.mobar.org/uploadedFiles/...aw_and_the_Courts_Resource_Guide/arrested.pdf

http://www.plf.net/pro/mocrim.htm

http://www.the3rdjudicialdistrict.com/chmisd.htm

https://www.jeffcomo.org/ProsOverview.aspx?nodeID=PA

http://www.greenecountymo.org/pa/case_procedure.php

http://www.criminaldefenselawyer.co...nal-defense-case/what-the-bench-trial-process










I suspect the prosecutor is suing that line to talk you out of filing for a jury trial.
It could be considered as intimidation by some, but the trial judge would have to determine that as a matter of law.
I'm sure the prosecutor would argue that he was being "forthcoming and helpful", in attempting to inform you about the extra costs associated with your demand for a jury trial, IF you lose.

Some states, yours it seems, make the defendant pay for the jurors and additional costs associated with the trial, if he or she loses.
That said, it isn't a "fait accompli", because you can always file for "forma pauperis" (as indigent).
Frankly, I'd focus on defending the case and worry about paying, after you fail.
If you think you have a great defense, simply defend yourself.



JoeBlowMO said:
My understanding is that, according to state and federal law, I shouldn't even have to demand a jury trial. I should be given one by default according to Federal Rule of Criminal Procedure 23. And I understand my right to a jury is further protected by the Sixth Amendment to the US Constitution, Missouri Constitution Article I Section 22a, and RSMo 510.190. 550.010 says that the state or county won't pay for costs incurred on my part, but is the cost of a jury really incurred on my part if I'm supposed to be given a jury trial automatically and am only demanding one to make sure that happens?
Click to expand...

Forget those federal rules, counselor, this is going to be tried in a Missouri state court, a lower level court at that.
You want to go there, find those Missouri Trial Procedure rules.
I wouldn't worry about it, this isn't even a garden level misdemeanor, its a lowly traffic offense, I reckon.
Yes, you do demand such a trial, which doesn't mean what you think it does.
The way they're using demand, or simply means request, as in ask.

Jury trials are only required where your liberty is at stake.
Some states adhere more closely to that line, than others.
Take my state, Texas, for example.

Our state constitution mandates a defendant can have a jury trial for any offense, niot just serious misdemeanors and felonies.
Obviously, Missouri allows it, but does it a bit differently.
Don't worry about procedure, prepare your case to defend yourself based on facts.
The other things will sort themselves out just fine.







JoeBlowMO said:
Would 550.010 also mean that I'd have to pay more than my ticket cost even without a jury trial? Sites tell me I have nothing to lose by pleading not guilty because even if I lose the case I'll only have to pay the fine on the ticket, same as if I pleaded guilty. Is that not the case?
Click to expand...



I suggest you focus on defending, and forget costs,
If you have no defense, why not request "traffic school" or "deferred adjudication", if its available.



JoeBlowMO said:
It's also a problem that a jury trial would have to be set for a later date, because I told them I'm moving to another state. I guess it's understandable that a jury trial would take longer to set up. But I plan on moving for a speedy trial dismissal on the grounds that the trial is already scheduled for over 4 months after I got the ticket and if a jury trial would have to be 5-7 months after my ticket then that would be impossible for me.
Click to expand...



You're really over thinking this, my friend.
If you do this in traffic court, you won't like what the judge will do.

Again, consider "traffic school" or "deferred adjudication", if its available.
 
Last edited:
army judge said:
I suspect the prosecutor is suing that line to talk you out of filing for a jury trial.
It could be considered as intimidation by some, but the trial judge would have to determine that as a matter of law.
I'm sure the prosecutor would argue that he was being "forthcoming and helpful", in attempting to inform you about the extra costs associated with your demand for a jury trial, IF you lose.

Some states, yours it seems, make the defendant pay for the jurors and additional costs associated with the trial, if he or she loses.
That said, it isn't a "fait accompli", because you can always file for "forma pauperis" (as indigent).
Frankly, I'd focus on defending the case and worry about paying, after you fail.
If you think you have a great defense, simply defend yourself.
Click to expand...


Thank you so much for your response! I read through those links. None of them seem to mention anything about me paying for the jury. Since the maximum penalty for a class C misdemeanor is $300, does that mean they can't charge me more than that even if the jury costs exceed that? That's what it sounds like here:
The sentence must be within minimum and maximum limits set by statute. (The judge will have told you the potential penalties that apply in your case at your initial appearance.) Misdemeanor sentences can include jail, driver's license suspension, fines, court costs, community service, probation, and restitution (money paid to the victim to cover the costs for treatment of an injury, or to repair or replace damaged or destroyed property).
Click to expand...


In that article from the Douglas County Herald, they keep saying that the defendant refused offers to settle the case by reducing the charges and whatnot. No such offers have been made to me. Not only that, but I've explicitly tried to reach out and negotiate with both the judge and the prosecuting attorney. Neither one of them would consider letting me do traffic school for a dismissal with me paying court costs. A dismissal is what I'd need, because point reduction is useless for my license which is from a state that doesn't have points. A conviction is all the insurance companies need to see.

I know I should be focusing on my defense and not the costs, and I do think I have a good defense but I'm still worried that the judge might rule against me anyway and that's why I need to consider all the risks. I'm charged with failure to keep right, which means there's no speed gun evidence or anything like that, so the judge would have to take the officer's word for it in any case. Since this charge could never reach a conviction otherwise, the judge must be willing to accept the officer's word as proof, as opposed to a speeding trial where there's other evidence involved, right? My defense is that the officer made a mistake and that I was actually in the passing lane to pass someone, so it's my word against the officer's. And that's part of why I want a jury trial.

Also, I keep hearing that federal law doesn't apply in the lower courts. But what about the Supremacy Clause in Article VI of the US Constitution? Doesn't that say federal law preempts state law?

Thanks again!
 
First of all, its traffic court.
Its not actually what is termed a higher court, or a court of record.
Now, that isn't demeaning the court, its simply saying its not a higher level trial court where felonies are addressed.

You need to know, in some of those courts, like Justice of the Peace Court in texas, you need not be a lawyer to run for JP, and sit as a judge in small claims cases, traffic cases, low level misdemeanors.

I don't know if that applies in the Big MO, but its not one of your state's higher level trial courts.

So, the issue of federal law, constitutional issues, etc, wouldn't even begin to get addressed in lower level courts.
Those issues are addressed upon appeal.

Its always the officer's word against the driver's word.
That's nothing new.
In fact, those few defendants that actually seek to try cases in these lower level courts, lose at a higher rate than do defendants in higher courts.
That could be attributed to the fact that those accused of felonies have lawyers, where ALLEGED traffic violators are often serving as their own lawyers, in pro se.
The defendants that prevail in these lower courts is about 5% nationally, margin of error + or - 4.5%.

You can retain a traffic attorney, or at least chat with three or four and see how it all goes down in your county.
You can speak with the prosecutor and see if he will allow to plead out to a lesser charge.

As I read about the jury fee, you pay ONLY if you lose.
It is assessed above and beyond the statutory fine, fees, and costs.
Your prosecutor told you about $800 in his county.
I'd take that as fact, as he should know.
But, you'd get charged that only if you lost.

You have things to consider and choices to make.

The way you describe it, it'd be worth paying a lawyer $500 to $1,000 to fight for me.
Because, when you prevail, you save insurance rate hikes, court costs, fines, and fees.
Those costs would equal at least $500 to $600, if not more.

Good luck.
 
Guess Mr. JoeBlowMO didn't like the answers he got elsewhere; that's where some of his 'I heard' came from.
 
Status
Not open for further replies.

Share this page

Get a free case review from a lawyer
Back
Top