Another mid-winter convective shower
Author: Chris White From http://stormsrus.blogspot.com/ • Feb 2nd, 2012Category: Blog Entries.Local
Did you know that only an attorney can legally represent you in traffic court? Your parent, spouse, or friend aren’t allowed to. You certainly can speak for yourself, but if you want help in front of the judge, you need to hire an attorney.
Hello, my name is Andrew Flusche. I’m a Virginia traffic attorney. Today I wanted to talk to you about something very simple, that some people don’t understand about court. If you’re not an attorney, you’re not allowed to talk for somebody else in court. That’s the way the laws work in the United States; that in order to speak for someone else, you have to be an attorney.
If you have a traffic case and you want to be able to present something about your case or about you or your driving record, you either need to be able to explain everything to the judge yourself– which you are certainly allowed to do, you can talk for yourself–or you need to hire an attorney to come with you to court, or go for your to court.
I see people quite often come into traffic court with a spouse or a parent or a friend trying to speak on their behalf, and unfortunately, unless that person is a licensed attorney who is licensed to practice in Virginia, they can’t speak for you. That’s just an unfortunate way the laws work. In order to speak on someone’s behalf in court like that you have to be a licensed attorney.
It’s really intended to protect consumers, so you make sure that if you have someone coming to court, if you paid them, that you’re getting someone who knows what they’re doing. That’s really the whole goal of licensure for attorneys. But unfortunately it does have the kind of unintended consequence of surprising people sometimes.
The best rule of thumb is that if you need someone to speak on your behalf, or for you in court, you need to consult with an attorney and hire them to come with you to court. Sometimes we can even take care of the case without you even being there. We can present the argument that you would like to present and explain to the judge what you would like them to hear about your case. If you have a case around Fredericksburg, Stafford, or Spotsylvania, I’d be happy to talk to you about it and see if it’s a case that I could help you with.
Originally published at AndrewFlusche.com. © 2012 Andrew Flusche. Only Attorneys Can Represent You
I write a lot about exercising your rights in traffic stops and how you can refuse things like road-side DWI tests. But does that mean you should be rude to the officer?
NO!! Here’s three reasons to always be polite to them, even if you refuse to do what they ask:
1. Law enforcement officers are just folks like you and me who are trying their best to do their job. Sure, there are some bad apples out there. And some departments have reputations as being particularly tough. But overall, I have a lot of respect for law enforcement personnel. Just like anybody you encounter in your daily life, they deserve respect.
2. The officer has a lot of power in your case. He is usually the person who decides what you are charged with. And he can also put in a good (or bad) word for you with the Commonwealth’s Attorney when the case comes trial. Do you really want to tick off the officer?
3. Many prosecutors and judges take a dim view of defendants who are rude and disrespectful to the officers. Your demeanor with the officer could make a huge difference in the outcome of the case. Being polite won’t get the case dismissed, but being a jerk certainly can make it hard to get a break from the judge.
The reasons could go on, but surely you get the point. I always suggest to NOT allow the officer to search your car if asked. And it usually makes sense to refuse roadside DWI tests. But you certainly should exercise your rights politely.
Photo by pixieclipx
Originally published at AndrewFlusche.com. © 2012 Andrew Flusche. Be Nice to the Officer!