It seems as if those volunteering to assist in this thread have gone AWOL.KatieF404 wrote: ↑Jun 2nd, 2014 1:48 amhi everyone, i have a court date tomorrow at 10am (i know this is last minute) but I plan to plead not guilty as I've read this is my best bet... My only questions are:
1) If I ask the prosecutor whether their witness (the cop) is present or is planning on showing up, if they tell me the cop is not coming, and I plead not guilty, what if the cop does show up? Can I change my plea because the prosecutor was wrong?
2) What if the prosecutor refuses to tell me whether the cop is showing up (as I've read this has happened before)? Can I demand that they tell me?
3) If the cop does show up, should I try and plea-bargain? I know that demerit points don't matter when it comes to insurance, only a conviction does... but I really have no way to fight the cop as I did not ask for disclosure and I was speeding 18km over the speed limit. So should I just plea-bargain so I'll at least have a reduced ticket/less demerit points?
Thanks so much, I'm only 21 I have no idea how court works and I'm pretty nervous.
I don't know much, but I have experienced court enough to answer your questions.
When you go to court, you will need to check in with the prosecutor.
They will try to make you plea guilty to a lesser fine from the get go. If you plan to try your luck at the officer not showing, you will need to say that you are pleading not guilty. Do not answer any questions the prosecutor asks you, and stay firm. The prosecutor can not tell you if your officer is not there, because the officer still has time to sign in up until you are called up for your trial.
The prosecutor will first call up everyone who is pleading guilty, so they can go home first. Afterwards, the prosecutor will call up those where the officer is not present. If your officer is there, you will be called up for trial. At this point, you can ask the prosecutor during recess if your officer is present. If he/she is, you can ask if you can change your plea and take a deal. In most scenarios, the prosecutor would accommodate to you. There will always be a chance you get a crabby prosecutor, who will not reduce the charge at this point.
It's nerve wracking, I know. I have another court date tomorrow morning, too.
Good luck to you.