It's sort of a long, messed up story, but I'm going to sum it up as much as possible. I received a ticket in Collier County for speeding and was set for a mandatory court hearing. Everyone told me of how strict Collier County was and that I was pretty much screwed, even with a lawyer. Now normally I would give it to my lawyer and he'll take care of it for me, but he doesn't go to Collier County. So I called a few lawyers up north and they all told me that in my specific situation (bad history) that I was screwed, so save the attorney fees. So I took the day off work and went to the hearing. Everyone was getting screwed left and right so I was worried. My turns comes up and the officer is no where to be found. They tell me to sit down and wait because he was on his way. I waited a few minutes (ADD kicked in) and I got back in line. My turn came up, I asked the judge to dismiss it due to the officer not showing up and he did so. I was the happiest guy in the world, until the officer walked in the very minute I was walking out. No biggie, I got my papers and left. He was mad as hell. So I'm chilling like three weeks later and receive a letter stating the case was reopened because the officer was present and that I had the mandatory court hearing again. I called my lawyer and he said that he would make the exception and drive up north, but unfortunately, he passed away the weekend before he went up. So I rescheduled my court hearing because I couldn't take the day off of work. They recheduled it and I had to cancel again. They made me pay a fine for not showing up. They finally told me, after asking them several times, that I could appear by mail. So I send in my plea by mail and they will work the case that way.

My question is how should I approach the plea. I was going to plead no contest and ask him to avoid the points. Let me know what you guys think. Thanks!

 

What paperwork do you have from the day you were there? If you have a signed order from the judge dismissing the case, they shouldn't be able to reopen it on you. I would consider this angle before you entere any plea.

 

[QUOTE=jeffbrig,May 15 2007, 09:30 AM] What paperwork do you have from the day you were there?

 

Well, you have two choices:
1) plead not guiilty and go through the process again, if he does not show again (which he may) ask for the permanant dismisal, if he does, then change your plea to no contest and explain to the judge how you did your ciovic duty before and showed up and even waited for the officer who was late untill, "you" (judge ) dismissed the case. now it's not fair (due process) for you to have to come backa nad forth and be subjected to double jeapordy, or

2) you can just plead no contest andf hope for the best.

either way, your best bet is make an appearance b/4 the judge inperson and point out that you have respectfully come before the court from so far away whilst this cop can't/couldn't even make it here on time.

remember: always be respectfull and nice. Andalso remember the courts are there for YOUR rights, even when you ar the accused.

 

I don't think thats consider double jeapordy.
you were never punished and penalized for it.
you were basically just sent home saying don't worry about it.
if you where punished and penalized and then they tried reopening the case again then you could get away with double jeapordy.

 

I ended up getting screwed big time. I just called the court house after my 'appearing by mail' case and I got fined $350, which is not a big deal. The screwed part is they gave me 4 points on my license that aren't removed from driving school. Every lawyer I spoke to about this when I got the ticket told me I was going to get screwed, even if I paid them. I was just hoping driving school would take care of it, I guess not. Insurance is definitely going to screw me now.