Possible procedural issues with trial
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QuestionI unfortunately read your email too late for my trial, and I lost, even though my mother who was driving the U-Haul truck was my witness to going about 40 mph, and the video tape the officer had I feel failed to show I was following too closely. At this point was wondering if I could win an appeal based on the following:
First of all, the original summons written by the police officer had the wrong date on it. I found this out by calling the court to ask for driving directions the week before. At that time they pointed out the officer put the wrong date on the ticket and asked me if I could come in on a different day, the officer made a mistake. I agreed I would come in on the next day they were having arraignments, which was actually Dec 6 not Dec. 5 which was on the ticket. Would the wrong date invalidate the ticket in the first place?
Secondly, on the day of the arraignment, I plead not guilty. I was asked to proceed to the ladies at the counter where I was given a trial date. At that time I requested a public defender since I am unemployed and cannot afford an attorney. Plus I was told by these ladies previously that I could get one if I wanted to. The ladies at the counter now told me that my offense was too minor and that I couldn't have a defender. I don't believe that was fair at all because the officer at my trial had a defender. I ended up having to defend myself. Was that some sort of breach in procedure that could invalidate the whole proceedings?
Thirdly, the officer was not present when the trial was scheduled to begin at 2:00 pm. It was said that he was out on a pursuit call and it could not be determined when he would show up. At that point, the lady that defended the officer offered me a plea bargain, but I told her I felt I was not guilty of the charge, and did not wish to accept the plea bargain. They ended up holding up the start of the trial and the officer finally showed up at 2:26 pm, then the trial proceeded. But was that fair? Suppose I showed up at 2:26pm, would there still have been a trial? Can the officer's tardiness somehow nullify my guilty charge?
I was wondering should I appeal, or can I file some sort of complain against this court. I don't know law but I feel my rights were possibly violated by the 3 things I mentioned above. Do I have a leg to stand on?
AnswerYou indeed could appeal. It may be worth it.
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