Pleading Guilty At Court After Pretrial
Got a speeding ticket. Was reduced.
Is it possible to plead guilty at trial, after a motion for a stay has been denied, for the penalty on the ticket? Or will I plead guilty and be subject to the full fine/demerits for wasting their time?
I'd like to think I can last minute "okay, i'm guilty for 20 over" after i try to bluff my way out of a 41 over but before trial takes place.
- highwaystar
- Sr. Member
- Posts: 380
- Joined: Fri Oct 11, 2013 5:46 pm
Re: Pleading Guilty At Court After Pretrial
You can pay your fine any time BEFORE you are arraigned (i.e. the moment charges are read to you in court and you are asked to plea). If you pay the ticket outside the court, then the 'set fine' rate (the amounts on your ticket) apply. However, if you plead guilty in court, then the 'statutory rates' apply (which are a bit higher).
In your situation, if your motion is denied, upon being arraigned, you would simply state 'guilty' and the statutory rates would apply. So, you'd end up paying a bit more since the amounts listed on your ticket are the 'set fine' rates.
Just know that you cannot plead guilty to a lesser or different offence without the prosecutor's permission and the certificate (i.e. the charge) being amended. So, for instance, if your ticket is for 40 over, saying I'm only guilty of 20 over doesn't end the matter. At that point, the prosecutor either agrees with your guilty plea, or can proceed with a trial to prove the offence YOU are being charged with (or may even seek an amendment for a higher speed rate). If your ticket is for 20 over but the officer dropped it down from 40 over, you can plead guilty (since you are only charged with 20 over). The moment you say not guilty or don't give a definitive guilty plea to the 20 over, the prosecutor will undoubtedly request an amendment to bring the charge back up to 40 over and your trial will start.
So, bottom line: if you intend to plead guilty upon losing your motion, then just simply say 'guilty' upon being arraigned. Otherwise, you could complicate matters and be faced with a trial and/or amended speed rates.
-
- Similar Topics
-
-
New post Chapter 11b motion and then pleading guilty
by iiordanov in Parking TicketsLast post by iiordanov Sun May 09, 2010 5:54 pm
-
-
-
New post Consequence of pleading not guilty to an unreduced charge?
by runaway in Hand-held devicesLast post by ynotp Tue Nov 01, 2016 9:42 am
-
-
-
New post Pleading guilty to a charge that is a non-moving violation?
by Memo1 in General TalkLast post by Memo1 Fri Apr 10, 2015 11:47 am
-
-
-
New post Red Light Camera Offence - Demerit points & pleading guilty
by nagu in Red Light Camera TicketLast post by Radar Identified Thu Jul 28, 2011 12:59 pm
-
-
-
New post Got wrong offence in notice of fine after pleading in court
by ndizzo in Courts and ProcedureLast post by screeech Tue Dec 22, 2015 2:29 pm
-
-
-
New post I was found guilty when I was told not to go to court??
Last post by bend Sun Apr 17, 2016 1:16 pm
-
-
-
New post Court experience - Scaring/threatening you to plead guilty
by PONS in General TalkLast post by PONS Fri Sep 05, 2014 6:38 pm
-
-
-
New post Should I plead guilty or not guilty for stunt driving?
by broman in Stunt DrivingLast post by broman Mon Nov 02, 2020 9:43 am
-
Who is online
Users browsing this forum: No registered users and 225 guests