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Tickets / Class C Misdemeanors
Getting a ticket is an annoyance that
most of us have had to deal with at one point or another
in our lives. Sometimes, you get one for a good reason…you
really were speeding, or your stickers were expired.
However, police officers do make mistakes, and you may
receive a ticket for which you do not believe you are
guilty.
You may have also received a more serious
offense, a Class C Misdemeanor. Examples include Public
Intoxication, Open Container in a Vehicle, and most
alcohol offenses involving minors.
Hiring an attorney to take care of
these offenses for you is usually very advantageous.
I will consult with you to learn the facts of what occurred,
and see how the applicable law applies to your situation.
It may be a situation where there is not a valid defense,
and I will work with the prosecutor to get you the best
possible plea deal. Or, if it looks like it would be
difficult for the state to prove you guilty of the offense,
I will strive to obtain a dismissal, or defend you at
trial.
I generally only take Denton county
tickets.
There are two ways I can take care
of your traffic ticket or Class C Misdemeanor. The basic
difference between them is that one does not require
a judge or jury trial; the other does.
- Basic Representation
This service covers everything except a judge
or jury trial, at the trial court or appellate court.
I will send the court a letter of representation
and attend one pre-trial hearing on the client’s
behalf. The client is not required to attend this
hearing. At this hearing, I will view the court’s
file, visit with the prosecutor, and attempt to
get the ticket or charge dismissed. If this is not
possible, I will accept a plea deal on behalf of
the client, then send instructions to the client
on how much the fine is, and where to send payment.
Typically, a prosecutor will lower the standard
fine for people with attorneys. If you do not have
a commercial driver’s license (CDL), typically
I can obtain a deal for deferred adjudication probation,
or defensive driving class, which keeps the ticket
off the client’s driving record (thus, not
affecting insurance rates). It is the client’s
responsibility to pay this fee on time. If the client
fails to timely pay the ticket, then I have to withdraw
as the attorney of record for the client. Basic
representation does not include any future court
appearances for the client failing to pay. The service
includes all violations given on the same ticket
(i.e., speeding and expired registration), as long
as they were given at the same time. If the tickets
are from two separate occasions, a fee for each
case is required.
- Judge or Jury Trial
Representation
This service is for a judge or jury trial to contest
the ticket or offense, either at the trial court,
or the appellate court. At the trial, the prosecution
typically calls the officer to testify, I have an
opportunity to cross-examine the officer, and, if
appropriate, I have the client testify in his own
defense. The service includes all violations given
on the same ticket (ex. speeding, and expired registration),
as long as they were given at the same time. If
the tickets are from two separate occasions, a fee
for each case is required.
The following services may be applicable
in your case:
- Attorney Bond
This service is for the situation in which the client
has not timely responded to the court after receiving
the ticket, and a warrant for “failure to
appear” has been issued against the client.
There is a date, located on the face of the ticket,
in which the person has to respond to the court
(usually between 15 and 30 days after receiving
the ticket). If the client fails to timely respond
to the ticket, then I can post an Attorney Bond
on behalf of the client, to recall the warrant,
and set it on the court’s pre-trial docket.
There is a separate charge for each ticket/bond,
whether or not they were given on the same day.
Sometimes two attorney bonds are required, one for
the original ticket, and one for the “failure
to appear” ticket. In these cases, two fees
are required. The Attorney Bond is a service in
addition to Basic Representation, or Judge or Jury
Trial Representation.
- Appeal Bond
This service is for the situation in which a person
is convicted at the trial court of an offense (either
by plea or by trial), and wishes to appeal the case
to the higher court, to have a new trial, in an
attempt to get a more favorable result. This arises
in several situations – perhaps the client
tried the case himself, and lost at the first trial;
or, perhaps the client was not able to get deferred
adjudication for his particular offense because
of the Judge’s policies, but can likely get
deferred adjudication at the appellate court. There
is a separate charge for each bond. The Appeal Bond
is a service in addition to Basic Representation,
or Judge or Jury Trial Representation.
Please feel free to email
me for further information.
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