Q: I was only talked to early November but just got a citation late January. Issue date is back then?
A cop told me early November his video player wasn’t working but I may be charged with a gross misdemeanor for passing a bus arm. I do not recall the bus even being stopped. Late January, three months later he brought over a citation and the issue date is November. He still hasn’t shown me the video and I have to go to court now. This doesn’t make sense and I also read the Policy Regarding Video/Audio Transcripts. What should I do? Bring it to trial? How do I fight this?
A: How we defend a person at trial depends upon all of the facts and circumstances - the more the better - generally only available when defense attorney of record. In general though, most people want an outcome that will keep the violation or offense off of their public court record (and so drivers license record too, as a result). That is why we defense counsel normally focus on both getting the desired outcome by settlement agreement if possible, and simultaneously prepare for the trial that may come. The trial is a source of strength for the defense.
A: Yes, you should try and fight it. You are presumed innocent and the state will be required to present evidence at trial in order for you to be convicted. Call a few lawyers that offer free consultations to discuss your case.
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