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plasticmirth

I was cited for possession (California) back on the early morning of September 11. As a sidenote, the officers who sited me did so outside of their jurisdiction. At any rate, the citation says that I must appear at court "on or before" October 9. The citing officers also told me that I need not worry. If the date was not good for me, they said, I could call the courthouse and have it changed. I called the courthouse, but the told me that because the charge was a misdemeanor, I would have to appear in court on the assigned date. Heres the catch: the court is down in Southern California, but I have since moved way up the coast to go to college. I have no car, and the only way I can get down is a $50 train ticket. Even then, I would have to pay for lodging for one night. On top of that I would get the "not to exceed $100" fine. I am a college student operating on a small budget. I not have only enough in my account to cover the fine. I wrote a letter to the district attorney, to ask for an extension. They told me they could not do it. They said that an attorney could appear on behalf. So I asked for a public defender. They told me that I would have to come down to the court to apply for a public defender. I am so frustrated with them. I was TOLD BY THE COPS THAT I COULD HAVE THE DATE CHANGED. What can I do? As a sidenote, a friend of mine recently got a similar violation, but in a different county. He had his charged dropped to disturbing the peace if he agreed to go to N.A. meetings. Is there anything I can do to have the charge dropped? How should I plead?

Thanks for any suggestions you can give.. i'm so confused about my rights, and the courts keep giving me the runaround every time i try to contact them.

 

Niteshift

First, regarding your problem about location. That's standard. If you commit an offense in a jurisidction, then that is where the trial will be held. That is the case pretty much everywhere. There isn't much you can do about it.

And yes, the public defender does have to see you in person. They have documents you have to fill out and swear to regarding your financial status to determine if you qualify for a public defender (contrary to popular belief, everyone does not get a free lawyer on demand).

"I wrote a letter to the district attorney, to ask for an extension. They told me they could not do it."

Chief reason they can't do it is because of your right to a speedy trial. YOU (actually your attorney) can ask the court for more time, but the DA can't give you more time because if they go past the legal amount of time, the charges get dropped.

"I was TOLD BY THE COPS THAT I COULD HAVE THE DATE CHANGED."

That makes no difference. That may have been the case 4 weeks ago and then the clerk of courts changed their procedure and haven't bothered to tell the police depts. yet.

Also, if they are like most places, they don't actually set the date for you, there is a chart from the clerk of courts that dictates it to them. People cited during the week of (date) go to court on (date).

I've accidentally written down the wrong (lower) fine on a traffic ticket before. When the person goes to pay it, they have to pay the correct (higher) amount, regardless of what I wrote down. The fine is set by either statute or ordinance, not by me.

"He had his charged dropped to disturbing the peace if he agreed to go to N.A. meetings. Is there anything I can do to have the charge dropped?"

That will vary from county to county.

"How should I plead?"

My advice is no contest, especially if you're trying to get a reduction. If you plead guilty, you just get what they give you. If you plead not guilty, you're lying and you have to go through a trial.

See if you can enter a plea in abstensia and then pay the fine by mail.

__________________
A burning desire for social justice is never a substitute for knowing what you're talking about. -Thomas Sowell

Sometimes the light at the end of the tunnel is muzzle flash.

krolley

what happens if he chooses not to turn up? or rather, likely to happen

-- krolley.
~ I want to be free to know the things I do are right ~

Niteshift

That will depend on the judge, but most will issue a bench warrant for failure to appear. That means he'll be arrested next time someone runs his name on a traffic stop or something like that. Never just ignore it.