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MX, SX & Off-Road Discussions
General Moto | Off-Topic Posts
Going to court for riding, legal mess, need advice
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[QUOTE="Slips, post: 724380, member: 50431"] Dang, I wrote you a long response and it said I wasn't logged in! Arggg. Not giving you legal advise here. Just outlining some general strategies. Anyway, contact a criminal defense attorney. Quit discussing what you allegedly did. Make sure the attorney is a criminal defense attorney, not a civil one. Trust me on that. Civil law and criminal law are as different as motocross bikes and hot air balloons. They are modes for getting something accomplished but take completely different skills. If you get a prosecutor that recently switched sides to defense and that has worked in the county you are accused in, that is usually a big plus. They will know the judge, prosecutors etc. Often very helpful. Don't pay for a "name" on an attorney. I had rather have some smart upcoming attorney willing to work hard than a "name" any day. Cheaper, and much more effective in general. Remember the burden is on the State, not you. Someone has to actually come to court and be willing to say they actually saw you riding where it was not permitted. Of course at that point you might be able to claim a defense to prosecution by showing you had a need to ride there the law permits. My humble opinion, don't make this a crusade unless you are willing to pay the price. Beat the rap and move on is a perfectly good policy. In Texas a Class B misdemeanor is punishable by jail time. Your state can well be different. If you see you really are going to get hammered, which I doubt, and get forced to plea make sure you get deferred adjudication. That means it is completely off your record and can be expunged as if it never happened as soon as your probation is over. Also if it is dropped to a ticket only type offense but you violated nothing tell them to take a hike. It has been my experience that most witnesses will NOT show up to lie on people. They may lie to the cops initially but once they realize they can go to jail for perjury it's rare to find someone willing to go to trial and lie under oath... And usually if they do show you could still get the ticket right before trial if you realize they really do intend to take the stand and lie. Careful there though and follow your attorney's advise. If an attorney doesnt know those sort of basic things I have mentioned run, dont walk, and find one with some sense and experience. There are all sorts out there, good, bad and ugly. Good luck to you. Sounds like you have a good case and I imagine it will work out. [/QUOTE]
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MX, SX & Off-Road Discussions
General Moto | Off-Topic Posts
Going to court for riding, legal mess, need advice
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