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Minor- Right to defend? Criminal Trials, Hearings

Discussion in 'Criminal Procedure, Criminal Court' started by zzzy2k, Apr 25, 2008.

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  1. zzzy2k

    zzzy2k Law Topic Starter New Member

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    Everyone knows that competent adults have the right to represent themselves in a court of law, and a lawyer is not an absolute requirement (according to the courts), further we all know that the reason a minor is considered a minor is because (and correct me if I’m wrong) a minor is considered under law, an incompetent. But what happens when a state brings criminal charges (e.g. a traffic offense) against a minor (like myself) and does not name the parent(s) or guardian(s) of the said minor in the summons, would that be as if the state considers this minor a competent, and will he (or she) be able to defend themselves in a court of law?

    (P.S. I’m new here so if I posted this in the wrong section, or defied any of the rules please tell me so I can fix it)
     
  2. jacksgal

    jacksgal Super Moderator

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    Your saying you got a traffic ticket and have a court date? Chances are ther eis option to pay ticket without going to court this would void the need to contact parents. However if you going to court then your parents presence will be required. If you show up without a parent or Attorney I suspect judge will continue case
     
  3. zzzy2k

    zzzy2k Law Topic Starter New Member

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    I had the choice to pay, but I really wanted to fight this one for fun, the worst case scenario is that I’ll need to pay the fine and a $55 court fee, so if I need to pay a fine, I’d rather get the max out of it and try my luck fighting it, so here I am doing some research. Plus, its an out of state ticket, I have a NY license and I got my tickets in NJ, and NJ’s independent point system does not carry over to my NY State License, so I’m in the clear on that. My dad even offered to let me use his in-house lawyer, but I really want to fight this ticket on my own, especially because this time I wasn’t guilty as charged, (though I must admit I sometimes exceed the speed limit) but as Murphy’s Law dictates, the one time I wasn’t speeding, I got clocked (at 90MPH in a 55MPH Work-Zone) by a NJ State Trooper, plus he gave a ticket for “failure to keep right”

    So thanks for the input jacksgal , but I repeat my question, Can I, if I really want to, fight my own ticket?
    (Details above.)
     
  4. jacksgal

    jacksgal Super Moderator

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    As a minor no you cannot
     

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