Do I Need a Lawyer?

sure and then negotiate for traffic school/diversion

I assume that is what happens. I just wonder if I need a lawyer to negotiate for her (that is literally the point of a lawyer, I suppose).

The question is really just one of scope. If my toilet valve is leaking, I can go get a new one and change it myself and don’t hire a plumber. But if my water main breaks and is shooing 30 feet in the air, I’m going to want to get someone who has done this before. I just am not really sure if this is a toilet valve or a water main.

In some ways, I guess that is kind of the answer. When you are no longer sure of how serious the problem is, you need to get a professional at least so he can tell you it isn’t serious.

1 Like

ā€œDo I need a lawyer?ā€

No. you do not. Go to the court date. be meek, humble, and apologetic for your behavior. Do not make a dumb excuse, he hears them all day.

mention you were hoping to resolve this with some traffic school or diversion program since this is your first ticket ever. ā€œPaying a fine and this matter not landing on my driving record would be an ideal outcome.ā€ ā€œI wish I had thought about how my auto insurance would be affected for the next three yearsā€

If you have $3500 and won’t miss it. Of course, hire a lawyer.

She can probably just talk to the DA(or whatever they are in AZ) and work out her own ā€œplea agreementā€ ahead of time. But it’s hard to offer that advice online and not knowing anything about the jurisdiction in which she’s charged.

2 Likes

This skit laid the foundation for one of the greatest shows of all time- Better Call Saul. :+1:

Yeah. I had a magistrate yell at me up and down, inside & out at my arraignment for some assault & drug stuff.

Hired a guy that went to the same law school, and at the preliminary hearing it was dropped to disorderly conduct with 2 years probation.

2 Likes

I don’t know the jurisdiction obviously, but I would hire a lawyer.

I have zero skin in this.

That is my professional opinion.

Could you roll the dice and do it yourself and have a good outcome? Of course, but from my experience that is not a sound option nor one I would trust - especially on a violation that requires you to go before the judge.

3 Likes

That’s one option. I would choose another: using a defense like this guy’s:

2 Likes

I hope this a joke.
These sovereign citizen dudes are so out of touch they make Dahmer look sane.

@Silyak
It’s worth it to get the attorney if you want the best bet at not having a misdeamor on the record.

I’ve done this in MN. I set up a meeting with an officer ahead of the court date. I talked with him, was honest about what was on the ticket. He allowed me to do something I think called a continuance for dismissal. I didn’t have to go to the court date (but it wasn’t required for my violation anyways). Basically, I paid the ticket and an additional $100. If I didn’t get any violations in a year, the ticket wouldn’t go on my record. My wife has also done this.

I am not an attorney. I don’t know anything about where you are and how things are done there.

I think it might be worth giving the court a call and see if you can come in to discuss with an officer. Of course be careful here about what you admit. Be nice. They know bulllshit when they hear it. It seems being a reasonable person goes a long ways.

1 Like

Update if anyone is interested. After rescheduling the hearing several times, my wife’s lawyer just let her know that the prosecutor is dropping all charges. No traffic school, no nothing. She just needed to provide proof of insurance (when pulled over, she couldn’t find the insurance card so she was cited for that as well even though we have insurance).

Apparently, the lawyer himself was a little shocked that it worked out that well, but I guess it was money well spent.

8 Likes

You can’t pull that up on your phone?

I can. My wife when told she’s under arrest? Not so much.

The state usually is not interested fighting traffic issues with an attorney. They don’t want the hassle or waste of their court time when they can just run through / railroad people with no attorney.

It is amazing in how many instances all charges and everything just disappear when an attorney is involved.

I have had it happen multiple times to me. I have had cops even just tell me to have a nice day after I let them know I am an attorney lol. For minor stuff, it is not worth the hassle / chance they did something wrong and get roasted for.

2 Likes