IAAL-quick knucklehead question

[rookie]

Can I still use the verified complaint in any way if I failed to appear in court?

To clear the FTA, I will have to go before the court.

Are my facts correct...in order to obtain a driver's license again (California), I must either appear before the court, pay the fines or wait for the statute of limitations to run (4 yrs, 4 mo. since ticket was issued)?

What does "adjudicated" mean?

If I end up in court, by force or by free will, could I use the fact that a traffic ticket is a civil action, not criminal (as in the verified complaint).

In a civil case, if you fail to appear, you simple lose, right? Could I try to fight the criminal, FTA. If the FTA, is released from my DMV record, there would be no grounds for the suspension.

I hope you respond, I know I said one quick question, but....You know your stuff!!!

If I face a judge, with no tricks....just remorse for being a bad bad citizen and not appearing in court, since so much time has passed and ..my poverty, could the judge dismiss and clear the charges and fines?

I realize I'm picking your brain, but I'd really appreciate any legal loophole you could find me!

Thanks THANKS THANKS Thanks

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by rookie:
Can I still use the verified complaint in any way if I failed to appear in court?

<<You don't use the Ver. Comp.; the Prosecutor does. The motion has nothing to do with an FTA.>>

To clear the FTA, I will have to go before the court.

<<There is, more than likely, a Bench Warrant for your arrest as a result of the FTA. When you turn yourself in, you will be arrested - - so, make sure you bring someone with you to the police station or court, so that after you have been processed (a few hours) they can bail you out - - if you have the good fortune to have bail granted.>>

Are my facts correct...in order to obtain a driver's license again (California), I must either appear before the court, pay the fines or wait for the statute of limitations to run (4 yrs, 4 mo. since ticket was issued)?

<<That is correct. However, it's no longer a matter of paying fines. You will appear before the court and be convicted of the FTA, and perhaps, if you're lucky, get only a short time in jail - - but plenty of fines and community service time. Judges really hate it when someone fails to appear as ordered.>>

What does "adjudicated" mean?

<<When a judge makes a "final decision" and slams the gavel on the bench; i.e., the issue has been determined by the court.>>

If I end up in court, by force or by free will, could I use the fact that a traffic ticket is a civil action, not criminal (as in the verified complaint).

<<No, not at this juncture, because it's no longer a matter of the reason why you got the ticket - - it's now about the FTA.>>

In a civil case, if you fail to appear, you simple lose, right?

<<Sure, in a Civil case. But now, the FTA is a criminal matter. Even a ticket for an "infraction" such as an illegal u-turn, is "quasi-criminal" in nature; but now, you've turned the matter into a full blown criminal matter.>>

Could I try to fight the criminal, FTA.

<<Sure, you could try to fight it. But, unless you were in the hospital, and in a coma, I rather doubt you'll win.>>

If the FTA, is released from my DMV record, there would be no grounds for the suspension.

<<I don't believe you'll be able to get out of the FTA; and then there's the matter of the underlying ticket offense.>>

I hope you respond, I know I said one quick question, but....You know your stuff!!!

If I face a judge, with no tricks....just remorse for being a bad bad citizen and not appearing in court, since so much time has passed and ..my poverty, could the judge dismiss and clear the charges and fines?

<<Sorry - - that's not going to happen in a million years. You may show remorse, but the judge is not going to look kindly on what you did, and expect a sentence of at least 100 to 200 hours of Community Service, plus any time served before you came to court, and you might just draw more time.>>


I realize I'm picking your brain, but I'd really appreciate any legal loophole you could find me!

Thanks THANKS THANKS Thanks

<<Gosh, I'm really very sorry for giving you this "Gloom and Doom" information; but, get it off your chest, clear your conscience of the guilt, and get it over with so you can get on with your life. We all make mistakes, but sooner or later the "Piper" must, and always is, paid. Good luck to you.>>


<HR></BLOCKQUOTE>



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[rookie]

IAAL- Thanks so much for your response!!!

DMV records as of 8/99 listed two FTA and infractions for registration and seatbelt, etc. I was sent to courthouse, they sent me to two collection agencies. The hold on my license would be lifted if I made payment arrangements & paid $70. to DMV.

Made arrangements on one.....mistake! Made three $100 payments, Christmas came, no Dec. payment......yes sir, wage assignment --25%! (should'a paid the $100).

No warrant was mentioned, am I correct that if the violations were only infractions, the FTA wouldn't be made a mistamenor?

Your response is scaring me............

Wouldn't penal codes 801.6, 804, 805 (from an earlier post of yours...I'm a big fan of your knowledge), statute of limitation dismiss the FTA (for court purposes)? The DMV, keeps it's records for only 5 years, so the s.o.l. will take care of that.

You made me sound so criminal.....am I? I'm sure you couldn't care less but, gee....it seems much worse when you discribe it.

The tickets were fix-it tickets, registration past due, broken seatbelt, etc. No job, no money! Husband's wages were being garnished for c/s 60%, boo who.

I really had no itention of being a "no-show", my daddy still doesn't know my deep dark secret --illegal driver-- When the notices to fix the violation or pay fines came in the mail, I hoped I'd be able to work out the money thing. Deadline, fast approached...and it was gone. FTA....I'm now a criminal.....

Anyhow, if you respond again...please do! Give me a little bit of possitive, even if you have to make it up!

Your fan,
rookie

 

[I AM ALWAYS LIABLE]

My response:

I'm sorry that things got out of hand for you; but, it's not me who is making you the "criminal" - - the law did that with your own help.

I don't mean to sound insensitive about your situation, but it is what it is, and all I'm doing is laying out the facts for you.

The DMV would not be able to tell you if there is an arrest (read, Bench) warrant issued for you. Only the police would have that info. The S.O.L. runs for 5 years from the date the Bench Warrant is issued; and, in California, the chances of being stopped within those 5 years by one of our many police agencies that this State has, is like playing Russian Roulette with 5 bullets in a chamber of 6.

Every time you get into a car (even as a passenger), your chances of being stopped and identified are huge. When stopped, an officer usually asks for everyone's i.d. who's in the vehicle.

You've got to talk openly with your father about this, and make a decision - - things will go better for you if you turn yourself in voluntarily - - rather than having the police catch you.

I don't know what else to tell you, other than getting further advice from a criminal attorney. Everything costs.

I wish you well.

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."