Hanging tag (license plate) not assigned charge, how to proceed (FL)

[Peter Rothenberg]

Jurisdiction

Florida

I was incredibly stupid and decided to put an older plate from my old truck on my new car because it's a cool plate and kept the new plate in my car. Today I was pulled over and cited for not wearing a seat belt and and when I explained that I put the plate from my old car on he was not a fan and gave me a citation for attaching tag (license plate) not assigned and 118$ citation for not wearing a seat belt.

I called ticket clinic and they want 1800$ because it's a criminal charge as a second degree misdemeanor which could be 60 days in jail or probation. How do I proceed? A local lawyer wants 1500. I have to call the court in ten days and I don't want to spend 1500. Do I try to call the court and represent myself and hope they don't give me probation or jail time? honestly dont know how they handle something like this, I don't have a criminal record and I'm not trying to get one but 1500 dollars Is an unbelievable amount of money to spend for something so stupid. lawyers said they usually don't have enough evidence but I told the officer that I wanted to hang it up because i like the agriculture plate. Can I plead innocent or just be really sorry and know how stupid it was?

I was also wondering if the best option for the speeding ticket is to do a drivers course?

 

[adjusterjack]

$1500 is probably going to be less than your insurance premiums (thousands) for the next three years.

This is not a DIY project. Hire an attorney. He'll know how to minimize the consequences.

 

[army judge]

How do I proceed?

You might wish to hire yourself an attorney, rather than a "ticket clinic".

A local lawyer wants 1500.

Yes, $1,500 is worth it, IF you can avoid the conviction, fines, and possibly time in the hoosegow.

Under Section 320.261, Florida Statutes, Statutes & Constitution :View Statutes : Online Sunshine it is a criminal offense for a person to knowingly attach to any motor vehicle (or mobile home) a registration license plate or a validation sticker if the plate or sticker was not issued and assigned or lawfully transferred to such vehicle.

To prove the crime of Attaching Plate or Tag Not Assigned, the prosecution must establish the following three elements beyond a reasonable doubt:

The accused attached a registration license plate or validation sticker to a vehicle;
The registration license plate or validation sticker was not lawfully issued and assigned to that vehicle; and
The accused knew that the plate or sticker was not lawfully issued and assigned to the vehicle.


These penalties represent the statutory maximum sentence that is available for this type of charge, and not the probable range of sanctions that will be imposed in the majority of cases. For most first-time offenders, the primary risk is that they will be adjudicated guilty of the offense, assessed court costs and fines, and, most importantly, acquire a permanent criminal record.

An adjudication of guilt for Attaching Tag / Plate Not Assigned means that a person is convicted of the offense and will be permanently barred from expunging or sealing their record. Thus, a seemingly minor traffic offense will result in a person having 'criminal history,' which can permanently interfere with employment applications, career opportunities, security clearances, college applications, and other matters in their professional and personal life.

Defenses to the Charge

If properly raised at trial, there are numerous defenses available in Florida to contest a charge of attaching a tag or plate that is not assigned to a vehicle. For this reason, a defendant should never plead guilty to the offense without first consulting with an attorney.

Factually, it is often difficult for the prosecution to prove either that the defendant himself attached the tag, plate, or sticker at issue, or that the defendant knew the tag, plate, or sticker was not assigned to the vehicle. If the defendant did not make admissions to law enforcement with regard to attachment or knowledge, then there is often a complete lack of evidence. The State would need an independent witness or other competent proof to sustain a conviction.

Even where the defendant admitted to police that he or she attached the plate and knew that it was the incorrect plate or tag, the defendant's statements are not admissible unless the State is able, independently of the confession, to establish each element of the crime with substantial evidence. This evidentiary principle is known as corpus delicti.

In Attaching Tag / Plate Not Assigned cases, proving knowledge (a required element of the crime) is often difficult in the absence of a confession. Police generally are not present during the attachment of the plate, and there are usually no witnesses or documentation indicating defendant's knowledge at the time of attachment.

Without independent evidence of knowledge (or even attachment by the defendant), corpus delicti is not satisfied, the confession is inadmissible, and the charge fails for lack of proof. This, of course, assumes that the proper evidentiary objections and legal arguments are made at trial.

Attaching a plate or tag not assigned is also highly defendable for the simple reason that most Florida misdemeanor prosecutors lack the diligence and know-how to properly prove the charge. This is because of recent case law concerning the admissibility of evidence that prosecutors almost always seek to introduce in these types of trials. Again, this assumes that proper evidentiary objections are made and that the case is defended with a working knowledge of recent Florida case law.

Example Case- Unassigned Plate / Tag

State vs. D.B. (Fourth Judicial Circuit, Duval County, Florida) (2013)– Our client was charged with Attaching Plate Not Assigned after allegedly affixing an incorrect license plate to his vehicle. He made multiple admissions to police and the Office of State Attorney demanded an adjudication of guilt on the offense. This would have resulted in a conviction and the creation of a permanent criminal record.

At trial, our attorneys made multiple evidentiary objections that resulted in the prosecution being unable to prove each element of the offense.

Outcome: Not Guilty. Judgment of Acquittal Granted.

JUDGMENT_OF_ACQUITTAL [13-CT-3174]

https://www.husseinandwebber.com/wp-content/uploads/2014/05/JUDGMENT_OF_ACQUITTAL-13-CT-3174.pdf


Attaching Tag or Plate Not Assigned- Florida.

 

[Peter Rothenberg]

You might wish to hire yourself an attorney, rather than a "ticket clinic".



rge fails for lack of proof. .

thank you very much for the detailed reply. So basically, if I plead guilty I'm looking at a decent fine and a misdemeanor on my record, and my insurance rates will go up? but I can try to plead not guilty and say they don't have enough evidence? Is there any way I can fight this without an attorney by basically saying what you wrote? I just don't get like since I told the officer I hung the plate how can I maintain my innocence?

 

[Paddywakk]

thank you very much for the detailed reply. So basically, if I plead guilty I'm looking at a decent fine and a misdemeanor on my record, and my insurance rates will go up? but I can try to plead not guilty and say they don't have enough evidence? Is there any way I can fight this without an attorney by basically saying what you wrote? I just don't get like since I told the officer I hung the plate how can I maintain my innocence?

Well, you're not innocent - you knew the plate was not for that vehicle, you just didn't know the penalty.

 

[army judge]

if I plead guilty I'm looking at a decent fine and a misdemeanor on my record, and my insurance rates will go up?

Yes, that is a very likely outcome.

but I can try to plead not guilty and say they don't have enough evidence?

Every defendant can plead NOT guilty and receive a trial.

Heck, you could stand MUTE, and the judge will enter a NOT guilty plea on your behalf.

Same result, you would have a trial.

Is there any way I can fight this without an attorney by basically saying what you wrote?

You have the RIGHT to act as your own attorney.

Very few defendants are able to pull it off, but some do pull it off, which means anything is possible.

Can you do it?

I have no idea.

As I said, anything is possible.

I just don't get like since I told the officer I hung the plate how can I maintain my innocence?

You don't have to maintain your innocence.

The presumption of innocence — or being "innocent until proven guilty" — is widely known and considered one of your basic rights if you're ever accused of a crime.

The Constitution does not mention "presumption of innocence".

The general principle comes from English common law.

It is, however, backed up firmly in numerous court rulings, such as Coffin v. United States in 1895.

Coffin v. United States, 156 U.S. 432 (1895)

The phrase "presumption of innocence" is not in the Constitution, the Fifth and Fourteenth Amendments do, however, mention "due process."

Due process generally means that the government cannot deprive you of your rights, freedom, or property unless due process is applied.

It is understood that your right to be presumed innocent until proven guilty is a fundamental element of due process.

In that sense, most consider it a constitutional right, even if it is not directly addressed.

However, the Supremes rendered their interpretation of it in Coffin v. United States, 156 U.S. 432 (1895).

Coffin v. United States, 156 U.S. 432 (1895)


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This Nebraska attorney breaks it down for you:

A juror must begin the trial with the presumption that the defendant is not guilty. The juror must also begin the trial with the understanding that the burden of proving the case lies solely with the government. That's right, the juror must presume that the government with all of its power and resources is prosecuting an innocent citizen. Further the jury may not draw any inferences against the defendant from the fact that he has been arrested and charged with a crime and is present in court or represented by an attorney.

The defendant does not have to testify, call witnesses or present any evidence, and if the defendant elects not to testify or present evidence, this decision cannot be used against him. The defendant is cloaked in the presumption of innocence, that cloak, by law, withstands the attacks of the government unless the government can overcome the presumption by erasing all reasonable doubt that the defendant is guilty of the crime charged.

Even if the defendant presents no evidence, government witnesses that testify are forced to endure the crucible of cross-examination by the defendant's attorney who seeks to expose their motives, mistakes, misconceptions, and fabrications.

https://jsberrylaw.com/blog/presume...ant is cloaked in,guilty of the crime charged.

 

[Peter Rothenberg]

Yes, that is a very likely outcome.



Every defendant can plead NOT guilty and receive a trial.

Heck, you could stand MUTE, and the judge will enter a NOT guilty plea on your behalf.

Same result, you would have a trial.




You have the RIGHT to act as your own attorney.

Very few defendants are able to pull it off, but some do pull it off, which means anything is possible.

thank you for the reply again, would getting a public defender be a viable decision?

I know the other person said I'm guilty and I know I am but I guess I don't know like if I was defending myself and the officer explains that I told him I hung the plate because I thought it looks cool and that I had the other plate, then how can I argue against that? Could I say I really thought it looked like a cool plate and did not think of if it's registered since I have the other plate? That way I'm not fully admitting I knew I was hanging an unassigned plate? Or should I get a public defender? I'm going to call my university's law school tomorrow and see if they have any advice or maybe they can help me. In addition, my friends sister is a lawyer and she told me I could reach out to my states attorney office to see what I'm looking at and see if maybe I could make a deal to get it off my record to avoid wasting our time. Are these viable options?

 

[army judge]

thank you for the reply again, would getting a public defender be a viable decision?

If the court will allow it for a traffic citation, and your finances are low enough for the taxpayers to fund it, go for it.

The worst that can happen is the court says no.

Could I say I really thought it looked like a cool plate and did not think of if it's registered since I have the other plate?

The less MOST defendants say is better for the defendant.

You have the RIGHT to remain silent.

Are these viable options?

Most defendants are akin to David fighting Goliath, EXCEPT God isn't assisting you in defeating the prosecutor.

I'd only make a deal my attorney negotiated on my behalf.

Many defendants during such negotiations further incriminate themselves.

Humans are dumber than they imagine and blab too damn much.

 

[flyingron]

Public defenders are for the indigent who can not afford representation, not some default for those who are unwilling to spend money on their defense.

None of your invented defenses mean anything. Pretending you don't know the law or even not knowing it, isn't an excuse. You had intent. You put a plate from another vehicle rather than the correct one on the car. That's enough to convict you.