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Old 01-11-2019, 08:47 AM
 
Location: The Commonwealth of Virginia
643 posts, read 362,381 times
Reputation: 952

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Quote:
Originally Posted by oneasterisk View Post
...but I've personally seen defendants talk to the prosecutor and work it out ahead of time.
If this was Fairfax County, that wouldn't work, because, according to prior LE on this forum, the FFX County Commonwealth Attorneys wont talk to defendants. I don't know if that's the case in PW County. Bigfoot, what say you?

I guess you could go to court, ask to see the prosecuting attorney beforehand an ask if s/he would reduce the reckless driving charge to speeding (ideally, you have a +5 driving record to help with that). If s/he says "no," ask for a continuance and hire a lawyer. You might save yourself a whole passel of money on a lawyer that way. Either way, I wouldn't go in front of the judge, with no lawyer (and no prior agreement with the prosecutor) to argue your case.

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Old 01-11-2019, 09:49 AM
 
Location: Virginia-Shenandoah Valley
6,544 posts, read 10,813,918 times
Reputation: 5545
Quote:
Originally Posted by Bill790 View Post
If this was Fairfax County, that wouldn't work, because, according to prior LE on this forum, the FFX County Commonwealth Attorneys wont talk to defendants. I don't know if that's the case in PW County. Bigfoot, what say you?

I guess you could go to court, ask to see the prosecuting attorney beforehand an ask if s/he would reduce the reckless driving charge to speeding (ideally, you have a +5 driving record to help with that). If s/he says "no," ask for a continuance and hire a lawyer. You might save yourself a whole passel of money on a lawyer that way. Either way, I wouldn't go in front of the judge, with no lawyer (and no prior agreement with the prosecutor) to argue your case.

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Some CA's will not talk to defendants with FX being one. PWC will talk to you or at least they would when I retired. I'd have no issues talking to the judge but I've been in the courts for well over 30 years so they are not an issue but I know some people are terrified. Just be prepared if you go the "alone" route and you see you're not getting a deal from anyone then you're making a 2nd trip back to court. If you can afford an attorney why not go that route and let them run with this for you?
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Old 01-15-2019, 06:44 AM
 
Location: Censorshipville...
2,658 posts, read 6,222,912 times
Reputation: 1543
Quote:
Originally Posted by Bill790 View Post
If this was Fairfax County, that wouldn't work, because, according to prior LE on this forum, the FFX County Commonwealth Attorneys wont talk to defendants. I don't know if that's the case in PW County. Bigfoot, what say you?

I guess you could go to court, ask to see the prosecuting attorney beforehand an ask if s/he would reduce the reckless driving charge to speeding (ideally, you have a +5 driving record to help with that). If s/he says "no," ask for a continuance and hire a lawyer. You might save yourself a whole passel of money on a lawyer that way. Either way, I wouldn't go in front of the judge, with no lawyer (and no prior agreement with the prosecutor) to argue your case.

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My only experience is in PWC. I actually plead guilty to my reckless driving charge because the LEO didn't show up for court. The judge asked if anyone wanted to come before the judge and plead guilty. A few people did and they were given a $50 fine and court costs for their speeding offenses. I figured I'd try my luck and sure enough was given a $50 fine and court costs. This was my younger dumber days with no one depending on me, plus my hourly wage wasn't very high so I could "afford" to waste time in court. Now that I'm married with kids and get paid more, I would spend the money on a lawyer.
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Old 02-14-2019, 02:27 PM
 
2 posts, read 1,057 times
Reputation: 18
Default Happy ending

I just had my court date at PWC today, Hired a lawyer, she spoke to the prosecutor and got it reduced to a speeding, The prosecutor was Ok if we tried our luck with the judge to get the case dismissed. We did and we got it dismissed given that the record was clean and I was asked to attend traffic school and submit the certificate.

The prosecutor does step out of the courtroom and you have the opportunity to talk to him/her before the court starts.

But When I was at the court, there was one person with a reckless driving involving an accident who did not hire an attorney. He pleaded not guilty first, then the judge told him that he will have to hire an attorney to defend his not-guilty plea, then he asked the judge what would he sentence him if he pleaded "no contest", the judge said he would dismiss his case given his clean record and ask him to attend traffic school. He then changed his plea to "no contest" and his case was dismissed with traffic school. I believe it all depends on the Judge at the time.

I am not advocating for or against hiring an attorney, scenarios and circumstances does play a role in the judgement.
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Old 02-20-2019, 07:27 AM
 
Location: The Commonwealth of Virginia
643 posts, read 362,381 times
Reputation: 952
Quote:
Originally Posted by MAKDADDY View Post
But When I was at the court, there was one person with a reckless driving involving an accident who did not hire an attorney. He pleaded not guilty first, then the judge told him that he will have to hire an attorney to defend his not-guilty plea, then he asked the judge what would he sentence him if he pleaded "no contest", the judge said he would dismiss his case given his clean record and ask him to attend traffic school. He then changed his plea to "no contest" and his case was dismissed with traffic school.....
I'm a little confused. The guy plead "no contest," which is, in effect, pleading guilty, and the judge accepted his guilty plea, and then dismissed the charge? Why would the judge tell the guy at the beginning to get a lawyer if pleading not guilty, if he was just going just "dismiss" the charges with a "no contest" plea?

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Old 02-25-2019, 07:02 AM
 
Location: MID ATLANTIC
7,720 posts, read 18,463,813 times
Reputation: 8372
With over 20+ years visiting PWC courts for personal speeding tickets and one trespassing charge (Lake Manassas pre RTJ) and a couple family member tix, there was one judge everyone feared, Judge Murphy. I personally enjoyed his acerbic wit and his lack of tolerance for stupidity.

When we found we were in his court on the trespassing charge, we were pretty nervous, and in the pre internet age, you didn't know the judge until you got to court. After our unique last name was called out six times in a row to come before the judge, he actually had a hard time keeping a straight face. Giggles ensued, followed by a couple minutes of laughter. Result: probation for 6 months, charges dismissed for good behavior.

The tickets were always negitiated with the prosecutor before court. Today, I would never attempt that with a serious traffic offense or the trespassing charge, today.
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Old 02-25-2019, 09:30 AM
 
Location: Virginia-Shenandoah Valley
6,544 posts, read 10,813,918 times
Reputation: 5545
Quote:
Originally Posted by SmartMoney View Post
With over 20+ years visiting PWC courts for personal speeding tickets and one trespassing charge (Lake Manassas pre RTJ) and a couple family member tix, there was one judge everyone feared, Judge Murphy. I personally enjoyed his acerbic wit and his lack of tolerance for stupidity.

When we found we were in his court on the trespassing charge, we were pretty nervous, and in the pre internet age, you didn't know the judge until you got to court. After our unique last name was called out six times in a row to come before the judge, he actually had a hard time keeping a straight face. Giggles ensued, followed by a couple minutes of laughter. Result: probation for 6 months, charges dismissed for good behavior.

The tickets were always negitiated with the prosecutor before court. Today, I would never attempt that with a serious traffic offense or the trespassing charge, today.

Why? Nothing has changed in that regard. Judge Murphy was a former school teacher and one serious bad a**. Officers knew they'd better be prepared in front of him as he'd dress them down as quick as any defendant. Same with lawyers. A friend of mine, Manassas City Officer, was on a late night traffic stop one weekend near the hospital and Judge Murphy was coming home from some kind of fund raiser. He slid to a stop next to my friend, who used to be a bailiff for Murphy, and got out asking my friend if he needed help. My friend got Murphy going on his way then wrapped up his stop.
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Old 02-27-2019, 06:16 AM
 
Location: MID ATLANTIC
7,720 posts, read 18,463,813 times
Reputation: 8372
^^^why?

Because with age comes wisdom, or so they say. Or, is it I've lost my fearlessness of my youth? I do believe the TP charge for someone without any record would be the same. But, a DWI or reckless without legal? No way.....but I can't see myself getting into that predicament, either.
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Old 02-27-2019, 08:36 AM
 
124 posts, read 233,486 times
Reputation: 60
In my younger years, I once had a minor traffic issue in a grey area. But still looking at a hefty fine and some points on my license. I was all set to plead NOT GUILTY and I think the Judge asked me to step aside and speak to the Prosecutor.

The prosecutor listened to my side of the story and asked if I would agree to plea "Guilty, with a reason" and I had to wait til the end of the court.

I waited 4 hours and did as the Prosecutor suggested. The judge heard my story and dismissed the case, but had me pay the court costs (I think $30).

I think it was all about not calling the cop a liar in public. Otherwise, I would need an lawyer to prove it.
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Old 02-27-2019, 09:56 AM
 
Location: Virginia-Shenandoah Valley
6,544 posts, read 10,813,918 times
Reputation: 5545
Quote:
Originally Posted by SmartMoney View Post
^^^why?

Because with age comes wisdom, or so they say. Or, is it I've lost my fearlessness of my youth? I do believe the TP charge for someone without any record would be the same. But, a DWI or reckless without legal? No way.....but I can't see myself getting into that predicament, either.
For DUI I would agree but in reality a defendant talking to the commonwealth attorney first will get the same deal. But I know most people are too nervous in this case. But for RD, TP and so on talking to the commonwealth attorney is still the same. Having an attorney will get your case handled quicker as the goal is to clear out as many guilty please and lawyers at soon as possible. Many lawyers have cases in other courts so they need to free them up.
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