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  1. #1
    Join Date
    May 2013
    Posts
    1

    Unhappy Ticket Trial Held Despite My Asking for a Lawyer

    My question involves traffic court in the State of: Virginia. I went into court today for an improper lane change and another charge. Before my name was called others were asked if they needed a lawyer and their cases were continued. I get up there and the judge asked me to make a plea, I asked can I have a lawyer? There were witnesses involved and the first charge went through, the judge entered for me plea of not guilty. I didn't refuse to enter a plea. He found me guilty as I was dumbstruck by the witnesses who both showed up in crutches and a neck brace. I hit them at about 20 mph and clipped their back tail light. Being completely unprepared I was unable to defend myself. I admit here that I was guilty of the charge. I never said I was guilty in court, I wasn't even given the opportunity. The judge did grant me a continuance on the second charge.

    Appreciate the feedback not sure what I can or can't do.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Convicted of Causing an Accident

    If your case is scheduled for trial and you choose to show up without a lawyer, you had best be prepared to represent yourself.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Convicted of Causing an Accident

    If this was general district court, you have ten days to appeal to circuit court where the case will be heard again from scratch. It would behoove you to have an attorney present. Circuit court is not the informal matter that GDC is.

    They're not obliged to provide you a lawyer for non criminal infractions (or ones that do not involve the possibility of jail). Note that if you HAD a lawyer, they would have dragged in the commonwealth's attorney to prosecute you rather than just the police officer who cited you (and the witnesses). Further, if there were witnesses summonsed, I suspect highly that this wasn't the first appearance date anyhow. The commonwealth has gotten out of the habit of dragging the poor hapless souls that were slammed into by others to testify when more often than not the case doesn't hinge on their testimony.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Ticket Trial Held Despite My Asking for a Lawyer

    You were supposed to bring the lawyer with you. Are you saying you, in a somehow misguided way, were attempting to ask for a PD? What were you charged with? What you were found guilty of?

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