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:
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.
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.
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.