Should you hire an attorney to represent you on a traffic violation or other violation filed in the Justice of the Peace or Municipal Court? A conviction for some offenses in these courts can have serious consequences. Consider the following and decide for yourself.
It is actually to your advantage that these minor violations are considered criminal under the law. Because they are considered criminal, you are entitled to all the protections under the United States and Texas Constitutions. The fact that the state has the burden to prove your guilt beyond a reasonable doubt, just as they would have in a more serious criminal case, gives your lawyer a degree of leverage to defend your case or at least negotiate a reasonable disposition that you may be able to live with.
Do not count on any two courts conducting business the same way as any others. We practice in about 40 or so traffic courts in Harris and surrounding counties, and I can tell you that no two courts are exactly the same. Although all courts must all follow the same laws regarding the prosecution of your case, each court has it's own "local rules" with regard to it's day to day operation and administration. Various components that factor into how a court conducts business include the size of the courts caseload, the judge, the prosecutor, and police officer's schedules.
Caseload size determines the frequency court is held. Generally, the bigger the caseload the more frequently court is held, or they may have both morning and afternoon dockets. The court is on a schedule and that is why they are not always eager to reset cases, even for attorneys.
Sometimes a judge will have a certain type of case that he or she feels strongly about and may be more lenient or harsh than they otherwise would with another type of case. An attorney experienced in that court, being familiar with it's particular nuances will definitely have an edge over someone not experienced in that court. Some courts have more than one judge or prosecutor, and some have the same judge and prosecutor all the time.
Some prosecutors have their pet peeve cases just like the judges do. There are certain cases they simply will not plea bargain on. This leaves little wiggle room for a desirable result short of going to the judge without a recommendation from the prosecutor, or going to trial. Going to the judge is risky because you may not get the result you are looking for. You are also rolling the dice when you go to trial. Going to trial is always a risk will either be found guilty or not guilty.
The police officer's schedule also plays into the equation of how the court operates. The police officer's time in court is an allocation of resources. To the governing entity, be it city or county, the time an officer spends in court is time off the street. The officer's assigned shift may determine their availability to testify and thus the court date and time. You can be assured it is their schedule and not yours that is of concern to the court.
The day to day operation of these courts vary when compared to each other. So, it is not surprising that a case in one court may yield one result, and the same exact case in another court may have an entirely different outcome. A case filed in one court may have a better chance of being dismissed than it would had it been filed in another court simply because of the way the court handles it's docket. For example, a defendant whose case was dismissed in Houston Municipal Court may not be as lucky if the same violation occurred and was filed was filed in Sugar Land Municipal Court. I have represented clients in courts outside of the Houston area whom we have represented in Houston Municipal Court where their case was dismissed. Consequently, they often expect the outcome to be the same when I represent them in one of the other courts outside the Houston area. Unfortunately, it does not work that way for several reasons.
First, it is my experience that officers are much more likely to be present and ready for trial in the smaller outlying areas than they are in the large city court. Second, the officers non-appearance does not guarantee a dismissal, and I seen several occasions where the case was reset because the officer was not available. Some cases are even reset due to the officer being on vacation. Third, I've been in may courts where the case is set for trial, the officer is not immediately present, but is called in when the court is ready to start the trial. Finally, if you set a case for trial, you better be prepared to go to trial because if your case does not get dismissed, some courts disallow plea agreements on trial day and your only choice at that point is plead guilty or go to trial.
Below is a list of issues I am frequently asked in my practice regarding traffic tickets and other cases filed in the Justice of the Peace or Municipal Courts.
I was stopped for speeding and the officer refused to let me see the radar unit. Don't they have to show it to you if you ask to see it?
Answer: No.
I was stopped in a speed trap where the speed limit dropped from 60 mph to 45 mph rather quickly. Aren't speed traps like this illegal?
Answer: No.
When I was stopped for speeding, the officer was hiding and I did not see him until it was to late. Can they do this?
Answer: Yes.
Should go to trial on my case because the officer was rude to me?
Answer: You have an absolute right to go to trial anytime you are charged with an offense. However, if your sole reason for wanting a trial is to air the dirty laundry of the officer's bad attitude, your trial is not the proper forum in which to do so. Most likely, evidence in that regard will be inadmissible as it is not relevant to what your accused of.
I received a ticket and my brother-in-law's cousin, who is a police officer, told me he would take care of it.
Answer: This is what I call a "Buddy Deal". Buddy Deals are usually bad deals. I hear about the ones that don't quite pan out. Unfortunately, often what's discussed at the family reunion barbecue over the weekend just does not have the same flavor in the office on Monday morning. Don't get me wrong. I'm sure that their intentions are good and their heart is in the right place. I file this situation in the "I know I promised but I wish I didn't category." My experience is that the best laid plans often go astray in these situations. I have represented clients who relied on Buddy Deals gone bad and I have had to post bonds to get their cases out of warrant.
The officer said he would not show up in court to testify against me. Won't my case be dismissed?
Answer: Just like "Buddy Deals" in the previous question, some of these situations just don't work out due to miscommunication or some other reason.
Isn't the main strategy for handling a traffic ticket to just keep resetting the case until the officer doesn't show up and it then gets dismissed?
Answer: This is by far the biggest of the traffic ticket myths. This one has been around for at least thirty years and I even heard it when I was a kid. You will see Sasquatch, ride on a UFO, and get struck by lightning all in the same day before you are successful with this strategy. Courts are not going to allow unlimited resets. Most courts will grant a reset for a good reason. After that first reset however, there are some courts that will only consider jail, hospital or death a good reason to miss a court date. Even with a lawyer documentation is often required. Finally, I've seen some cases reset when the officer did not show up.
Should you hire an attorney to represent you in the Justice of the Peace or Municipal courts? It is up to you, but keep in mind the following:
Even though these violations are only class ''c" violations, some convictions can have serious consequences on your driving privileges or other licenses issued by the state.
Keep in mind that you hire a lawyer for representation. Nothing more, nothing less. There are no guarantees when you are dealing with the system. As a lawyer, the only thing I can guarantee is the best possible representation given the facts of a particular case.
I would be leery of a lawyer that guaranteed a specific result such as a dismissal. No lawyer can guarantee that a case will be dismissed. An exception would be something in the nature of a charge of Failure to Provide Proof of Financial Responsibility where you actually had insurance, and proof that you had it can easily be presented to the court for dismissal.
Do not reset your case if you think you may want to hire an attorney. If you reset your case prior to hiring an attorney, it just makes it more difficult for the attorney when you hire them. I would much rather have a client who has not reset their case or spoken to the court at all prior to hiring me than the other way around. In fact there are some cases I will not take if you have already been to court without me.
If you are charged with multiple violations such as speeding, expired registration and expired inspection sticker, bring it all to the attorney. Do not go to court yourself to some dismissed. It will usually make it more difficult to defend the remaining case or cases. Again, hire the attorney before going to court.
Tip: If an officer is pulling you over for a traffic stop, safely pull over as soon as possible. Shut off the engine. Roll down your window. Place your hands on the wheel where they can be seen. Keep your seatbelt fastened and wait for instructions from the officer. Be respectful even if the officer is having a bad day. Remember, a good attitude may help in the handling of the case, but a bad attitude definitely will not.
Charles French was licensed to practice law in Texas in 1991. The majority of his practice includes the Justice of the Peace and Municipal Courts in Houston, Harris County and surrounding counties. You may visit his website by going to:
