Can a traffic court case be tried by a judge?
Can a traffic court case be tried by a judge?
Trial By Judge: Understanding Traffic Court. In most of the 50 states, you do not have the right to a jury trial in a traffic ticket case, which means a judge alone decides whether or not you are guilty. In the others, you can insist on a jury trial.
What happens when you plead not guilty in traffic court?
When you enter your plea, the judge sets a date for your trial and subpoenas the officer who gave you the ticket to come to court on that date. However, even if you don’t actually want a trial, there’s at least one other reason for pleading not guilty: if the officer doesn’t show up for trial, it typically means you win your case.
Are there any traffic trials on the calendar?
But usually, all the cases on the court’s calendar will be traffic trials. If there are any arraignments on the calendar, the judge will normally get those out of the way first.
Is it worth hiring a traffic court attorney?
If you have your mind set on taking your case to trial, it might be worth hiring, or at least talking to, a traffic attorney. For someone with no legal training or trial experience, traffic trials can be challenging. Conducting a trial effectively, even a simple one, requires preparation, legal knowledge, and skill.
Can a traffic case be heard by jury?
Most traffic cases are conducted as a “bench trial” where a judge alone hears and decides the case based on the facts presented. However, you have the right to a trial by jury when accused of any traffic offense regard- less of its severity, and thus you may assert this right if you so choose.
What happens if you are found not guilty in traffic court?
Argue the law. If you are found not guilty and you paid bail before the trial, the full amount will be mailed to you. If you are found guilty and you paid bail before the trial, the court will apply the bail money to the fine. If the fine is less than the bail deposit, any balance to be refunded will be mailed to you by the court.
What happens after a verdict in traffic court?
But, typically, traffic court judges announce the verdict—find the defendant guilty or not guilty—once the parties are done presenting evidence. In most cases, judges state the amount of the fine immediately after announcing a guilty verdict. In some states, a driver might still be able to do traffic school even after being convicted at trial.
What happens if I Win my traffic court case?
The court will refund the bail if you win your trial. If you lose, the bail you paid will normally go toward payment of your fine. When you show up for court on your trial date, the routine is similar to that of arraignment day.