At the risk of sounding like a broken record, your best bet is still in having an attorney to represent you. They will be updated with the new laws and ordinances that may make some of the material obsolete by the time you read this. However, there are some suggestions that are timeless. The first one will always be up to date.
First impressions are always critical in nature. The first one noticed by the judge is your dress. Judges tend to think you are showing disrespect to the court when you dress disrespectfully. One of the realistic examples of this in a movie is in “My Cousin Vinny” The first time Vinny is in court as a defense attorney he was not dressed in a manner that the judge appreciated. If you haven’t seen the movie, it’s worth the time just for that one segment. Some of the things you should not wear is:
- Shorts
- Sandals for men
- Low cutting blouses showing excessive cleavage for women ( but also for men because that would just be plain nasty).
- A t-shirt with “F#@% THE POLICE” written on it (that would go over like a lead balloon)
- Anything else inappropriate or offensive.
Remember, if you want to be taken seriously, dress seriously. I’m not saying you have to wear a suit or formal wear. Let business causal be the line we don’t go below.
Be early!! Many court buildings (including ours) when they were planned and built do not provide sufficient parking today. If you are not early, you may have to park around the block and walk. If you are running late, that is just another stress you just don’t need. Around some court buildings they have diners and coffee shops. If they do, just plan on coming early enough to park, get some pastry and coffee and go over your notes. I, myself, would rather be 1 hour early than 1 minute late. If you go into the court early you can see the layout, get your bearings and listen to the cases in front of yours. Learn what catches the ear of the judge and what sets him off.
In some instances, you will see the officer in the hallway before court. Avoid the temptation to speak with him and ask him questions about the case. He may pick up what defense you have and be more prepared when you both get called up. I’m not saying the officer will be devious, but human nature is human nature. In other words, it is his or her responsibility to be prepared. It is not yours to assist him.
Finally your name will be called and you will say, “Good morning, Your Honor”. The judge will probably respond in kind. He or she will then ask you how you plead. If you remember in an earlier blog, if you plead guilty, in Virginia there is no such plea as “Guilty with an explanation”. I understand there are some states that have that. In Virginia for the most part, a plea of Guilty will have the judge come up with the fine and you directed toward the clerk. Then all of that hard prep time will be for nothing and you probably should have prepaid. If you’re not interested in asking the officer questions or hearing his testimony, you can plead no contest, so that you can give the judge your reason or excuse.
If you want the officer to testify completely you will plead Not Guilty. It is not lying. It is telling the judge that you desire to maintain your innocence until the officer brings forth evidence to find you guilty. It is as simple as that. As a matter of fact, as I said before in an earlier article, it is your Constitutional right. The other two pleas are forms of self incrimination that the Constitutions states you will not be compelled to do. If you have ever gone to court and watched the defense attorneys go before the judge with their client, you noticed that the defense attorney would most always tender the plea of their client as “Not Guilty”. The ONLY time they would ever plead guilty is if they had worked out a deal with the officer or prosecutor. If you live in a state where the prosecutor is somehow involved in your case and he gives you a deal you can live with (and also that you would be found guilty and you know it), then at that time I would agree that pleading guilty may be the way to go.
Once you tender your plea of “Not Guilty”, the judge will then let the officer testify concerning the events of the traffic stop. He or she needs to go first to establish the evidence needed to find you guilty. DO NOT INTERRUPT. You will find out that this is a good way of being in contempt of court and you may have to spend a day or two in jail for it. You will have your time to speak after he is done. Just listen to him.
If you discovered that the officer made an error on the summons, the officer may have made the same discovery as well. If he did, he has an opportunity before you tender your plea to make a motion to the judge to amend. At that time the judge will ask what needs amending and the judge will most always grant that motion, especially if the error was the code section or the description of the offense. In these types of amendments, if the error was the basis for your contesting the case, the judge may grant you a continuance so that you can prepare again for the new charge. If he doesn’t grant you the continuance, that can definitely be the basis of an appeal to a higher court. If you don’t feel that is necessary, you can request that the case be heard now.
As the officer is testifying, take notes. You can bring up a pen and a notebook or legal pad and write down the things he said that are in contrast to what you remember or things that will actually help you, such as that female officer with my daughter.
Now, there is one thing that the officer must do if he wants to justify bringing the case in this particular court: He must establish venue. This means in his testimony (usually it’s at the beginning or the end of the testimony, and its something to the fashion as “all these events occurred in the city of (or county of) insert name of city or county. If you do not hear it, that should be brought before the judge just as soon as the judge allows you to speak. The officer is not permitted to correct his error then since he finished testifying and the officer rested his case. He also cannot bring up something he forgot, so be careful of the questions.
Once the officer has rested, the judge will ask you if there’s something you want to tell him or her. This is because most people do not know they can ask questions of the officer or know how. If you have questions of the officer, just respectfully ask the judge, “Your honor, would it be okay if I asked some questions of the officer first?” You will probably impress the judge by asking, and by Constitutional law they must allow this, but it is still good to ask and not demand. Make sure you greet the officer by calling him Officer (his name). When you ask the question, avoid open ended questions that allow him to put more evidence in. Ask closed ended questions like, “What lane was I in specifically when you caught me going 48 mph?” You want him to give you only the answers that will help.
Once you receive the answers to your questions, the judge will ask you if there is anything you have to say. Ask him at this time if you can just argue your case. Remember, you have not waived your right to remain silent yet, and you can argue the case without giving up that right. Your argument can only be about what the officer said, did, didn’t say, didn’t do, etc. If you bring your testimony into the argument, such as “The officer said I did such and such, but I only did such and such” you have waived your right to silence and you now have crossed over from argument to testifying. It doesn’t mean you cannot testify in your behalf, but now the judge can ask you questions that you must answer.
I know these blogs are general and they will not answer every question or predict every eventuality, but I hope if nothing else it encourages you to affirm your Constitutional rights, because you know, once you lose your rights, you won’t ever get them back. Good luck to you.
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