Im Going To Court On My Own Tomorrow! Help!

[PBatoon]

Title Change (typo): IM GOING TO COURT ON MY OWN TOMORROW!

So a couple weeks back i got a trespassing violation at the public baseball park at Salt Lake by Foster village

My friends girlfriend ran off and she didnt want to come home with him. She was being stubborn and didnt want to leave with anyone; I wanted to take her home so at least i knew she was safe. She wanted us to just leave her at the park and just go home. As a guy, and a good guy, you cant really just leave a woman out in the cold no matter how much you hate them.

I told her stuff like "do you wanna get raped by other people who actually use this park for drugs and drinking?" and tried to convince her to go home. I couldnt just leave her, she just turned 18. Didnt want her to get hurt

Soon enough, my talking didnt work, the police came and we all got trespassing violations. Great. We just wanted to bring the girl home; no drugs/alcohol/raping nothing.

My court date is tomorrow and I have no idea what to do. If anyone is familiar with the court system, i just need help on what to say or do. Like, can I go to prison? What do I plea.

Please. Im in desperate need of help...Im going to college soon and the last thing I want is to get stuck in jail for some violation I didnt intend to do.

[scrivener]

You'll be fine. Just dress nicely, speak respectfully, and tell the judge what happened. You're not going to prison.

[tutusue]

Yep...what Scrivener said. Just tell the judge what you told us. As long as it's the truth you should be fine.

[helen]

I am no lawyer and aside from one speeding violation in another state, I have no experience with the criminal court system.

That being said what you should have done was to post this message here a day or two after the incident rather than the day before you had to appear in court because my advice would have been to contact someone in the public defender's office to see what advice they can offer you.

[CranBeree]

hrrmm, why would he need a public defender? if he did need one, wouldn't one have been offered to him at the time of being charged?

oh and i don't think they offer advice either, unless you are going to be a client.

[PBatoon]

I am no lawyer and aside from one speeding violation in another state, I have no experience with the criminal court system.

That being said what you should have done was to post this message here a day or two after the incident rather than the day before you had to appear in court because my advice would have been to contact someone in the public defender's office to see what advice they can offer you.

I did contact the police department and they just said that the Public Defender will walk me through to what I want to do. Mmm after the public defender says whatever about me, its just me & the judge and he makes his decision.

Based on character. So hopefully im ok.

[helen]

Hmmm, well he did get ticketed but he didn't get arrested.

I really have no advice on the plea, like not guilty or no contest, that would be something left to a lawyer to better answer it.

[oceanpacific]

A "no contest" pleading will almost certainly result in the judge finding you "guilty" as you are saying that you do not contest the charge. :(

[Adri]

I'm not a PD, but a plea of "no contest" doesn't necessarily mean a guilty judgment. What time is your hearing? If you can, try to get there at least a little early and find your PD. Now, likely the poor PD has a crateload of cases other than yours to deal with that day as well but if you can talk to her or him before hand and get your questions answered and get an idea of the process, that's a good start. They may offer you a DANC (deferred acceptance of no contest) or a DAG (deferred acceptance of guilty). As we joke, every dog gets one free bite, every person gets one free DANC or one free DAG (unless you seriously maim or kill someone). The "deferred acceptance" part usually means that the courts will suspend any penalty/sentence and if you stay out of trouble for a certain period of time (like 5 years), then the whole thing is expunged from your record but if you do get convicted of something during that time period, then the whole penalty/sentence comes down on your head. It's up to you in consultation with your PD how you want to plead (not guilt, guilty, try for a DANC, try for a DAG). You should know, too, that the judge is not bound to accept any plea bargain you might make but the judges usually do accept them.

Good luck! Tell the truth and hopefully nothing will come from the hearing tomorrow :)

eta:

Which court are you going to? This link has some helpful information not specific to your trespassing case but may be handy:

on the location and parking for the courts

http://www.courts.state.hi.us/page_server/GenInfo/Contact/1315C15E545F2834E9A82B5A46.html

This has some helpful information on the set up of the court rooms

http://www.courts.state.hi.us/page_server/SelfHelp/78DD8CAEDE40EF8AEAB893AE88.html

General tips on going to court

http://www.courts.state.hi.us/page_server/SelfHelp/TipsOnGoingToCourt/5C475B8C1A32638F15195D2D7.html

[oceanpacific]

I did say ALMOST certainly a "guilty" finding, not ALWAYS. And it's possible to get a "deferred acceptance of plea."

What I'd like to have explained is how does one get cited for "trespassing" in a "PUBLIC" park? Is there a stated "closing hour" that you violated?

Good luck with your day in court. Let us know what happens .........

[Karen]

Honesty and sincerity, along with a respectful tone go a long way with most judges, just as they do with most humans. I think you'll do just fine. Please do post to us when you have time, and give us a report. Bless ya~

[PBatoon]

there was a closing hour for the public park. but my friends girlfriend was being stubborn and ran off to that place. ugh shes so stupid, but you know, you cant leave a lady all alone.

seriously. all i did was to want to get the F#ck home and get her home safely back in Kapolei.

Why do bad things always happen to good guys? Wish me luck guys. and thanks

[Star of Gladness]

If this is your first appearance in court on this charge there will be no hearing, simply a guilty or not guilty plea in front of the judge. You will plead "not guilty" The judge will then most likely refer you to a public defender at that time. Your trial will also be scheduled for some time in the future, probably like two months from now.

Wear a nice pair of pants and a collared shirt and address the judge as "your honor" every single time you open your mouth.

Good luck.

[infinitypro]

DISCLAIMER: Not an attorney or legal expert at all, just some experience in the Court system supporting others.

If this is your first court date following a trespass warning, this is probably your "arraignment", if you're not guilt, plead "not guilty" and then a PD will be appointed.

However, if your charge is "trespassing" it's difficult for you to say that you weren't when technically you were on the premises after the posted hours. And so, as recommended you would try for a deffered sentencing.

I believe if you go with a right heart, you will prevail. As everyone else has said, dress, attitude, and composure speaks volumes.

Best of luck.

Sorry, no advice as to why things happen to "good guys", except to say that it lies in the choices that we make, consequences that is.

NEENZ.

[GeckoGeek]

I'm not a lawyer, I don't play on on TV, and I didn't stay at a Holiday Inn this week.

But it sticks in my mind there's something like a "no contest with explanation".

You're not trying to challenge the fact that you are technically in violation of the law, but you get a chance to explain the situation. And in this case, you do want to explain! That may go better with the judge then a "not guilty" which sets up for a battle to prove you were in the part, what time it was, blah, blah, blah and takes up the court's time.

[pzarquon]

However, if your charge is "trespassing" it's difficult for you to say that you weren't when technically you were on the premises after the posted hours. And so, as recommended you would try for a deffered sentencing.What he said. You were trespassing, albeit with extenuating circumstances.

You say "we all got trespassing violations." That'd be you, the stubborn girlfriend, and other people as well? When are their court dates? Anyone planning on showing up for each others' appearances?

[Leo Lakio]

aside from one speeding violation in another stateHelen - you crazy rebel, you!!!

Admit it. You were testing out one of your rocket engines that day, weren't you?

[Babooze]

So howd it go? What happened? Do tell.

[infinitypro]

So howd it go? What happened? Do tell.

Been checking this thread too to see if we get an update! Enquiring minds do want to know, especially if our advice helped some!

[oceanpacific]

Court stories:

This was for traffic violations. Everyone who pleaded "no contest" was found guilty. In fact, that day was almost perfect for the prosecutor. My case was dismissed by the judge: he said that the prosecutor had no "prima facia" case.

One other guy lucked out as the prosecutor failed to subpoena the police officer and asked for a continuance. However, the prosecutor had previously received a continuance on this case, so the judge was explained to the defendant that the case could be continued if he (the defendant) agreed to it. Otherwise, the judge would dismiss the case as the prosecutor had already been given one continuance.

The defendant didn't catch on and growled to the judge that he had things he wanted to say about the ticket received. Macho bravo, but stupid. The judge called for a 10-minute recess and several of us collared the guy in the corridor to tell him he had it made. Don't agree to the continuance, the judge was giving him the out.

Upon resumption, he was less combative and asked for a dismissal on the grounds that he shouldn't be inconvenienced any further as he taken another day off from work to go to court, etc. We were the only two who got away that day.

Remember the VAN CAM? Half the people there were on speeding tickets and cheered when the judge informed them he would be following the precedence established by his colleague and dismissing all cases which were 10 mph or less over the speed limit. The court had previously dismissed my case, which was 8 mph over, on different grounds, but had not time to inform me by mail that it had been dismissed. :D

[Leo Lakio]

Everyone who pleaded "no contest" was found guilty.If they pled nolo contendere, they might still be penalized in full, but that's not the same as being "found guilty," in the eyes of the law. You only get a "guilty" verdict if (a) you plead such, or (b) are found so after trial.

[oceanpacific]

If they pled nolo contendere, they might still be penalized in full, but that's not the same as being "found guilty," in the eyes of the law. You only get a "guilty" verdict if (a) you plead such, or (b) are found so after trial.

They all got fined and assessed traffic points. Lower fines and less points for those with "clean" prior abstracts. The judge's words: In view of your plea of nolo contendere, I find you guilty of the violation as stated by the complaining officer. Or words to that effect. Once, I received two points, but no fine for speeding, while other speeders got three points, a $75 fine, and traffic school.

[Babooze]

At the risk of thread jacking ................... Every time I have been in court, traffic and otherwise ( What can I say , I had a bad run for a few years in my misspent youth :D ) I have been instructed that "a no contest plea will be treated the same as a guilty plea". Always made me wonder why anyone should even bother with a "no contest".

[Adri]

"No contest" is often considered preferable to pleading "guilty" if there is a possibility that there may be civil action in addition to the criminal action. For example, if John runs a red light and hits another car, he may wish to plead "no contest" if he really did run the red light and knows the prosecutor has solid evidence proving that because if John pleads guilty or is found to be guilty by the judge or jury, his admission of guilt or finding of guilt may be used against him if the injured person in the car he hit sues John for causing the injuries. Pleading no contest means John is not admitting he's guilty, just that he won't try to refute the charges. If the no contest plea is accepted, then there is no official finding of guilt as well even if the penalties are the same as if John were found guilty.

[Leo Lakio]

"No contest" is often considered preferable to pleading "guilty" if there is a possibility that there may be civil action in addition to the criminal action. --- If the no contest plea is accepted, then there is no official finding of guilt as well even if the penalties are the same as if John were found guilty.Well summarized, counsellor!

[cezanne]

"No contest" is often considered preferable to pleading "guilty" if there is a possibility that there may be civil action in addition to the criminal action. For example, if John runs a red light and hits another car, he may wish to plead "no contest" if he really did run the red light and knows the prosecutor has solid evidence proving that because if John pleads guilty or is found to be guilty by the judge or jury, his admission of guilt or finding of guilt may be used against him if the injured person in the car he hit sues John for causing the injuries. Pleading no contest means John is not admitting he's guilty, just that he won't try to refute the charges. If the no contest plea is accepted, then there is no official finding of guilt as well even if the penalties are the same as if John were found guilty.

Wow that sucks... for someone. But yeah that's how I interpreted the "no contest" plea too.

When I was the OP's age I was in a similar predicament. I ended up pleading "guilty with explanation". The judge heard me out and was nice enough to give me the deferred acceptance of guilty plea deal. A year later, when the time was up, I got all the documents, even my mug shot and fingerprints in the mail for me to do whatever I wanted with them... and record wiped clean. Clean record since then (twenty something years ago)... never wanted to go throw that crap again.

[scrivener]

Never wanted to go throw that crap again.
What was the charge? Vandalism or assault? :)

[cezanne]

What was the charge? Vandalism or assault? :)

Disorderly Conduct. Breaking up a fight between my friend and some other drunk person. Then got in trouble for defending myself from other drunk person's drunk friend.

[scrivener]

Sorry, Cezanne. I was teasing you and you didn't get it. I was making fun of the way that was written: "throw that crap again." Ugh. See, I'm writing this paper, and I'm taking frequent breaks for HT and, oh, never mind. Just, you know. Sorry. I wasn't communicating well, and it was a dumb thing to write anyway.

[cezanne]

Sorry, Cezanne. I was teasing you and you didn't get it. I was making fun of the way that was written: "throw that crap again." Ugh. See, I'm writing this paper, and I'm taking frequent breaks for HT and, oh, never mind. Just, you know. Sorry. I wasn't communicating well, and it was a dumb thing to write anyway.

Haha I didn't even notice the typo. Nah no probs. :D

[infinitypro]

**Looking for PatrickBABOON to update on what happened in court yesterday**

Do you think we need to start a new thread and call it: FREE PATRICKBABOON? :p

[Pomai]

**Looking for PatrickBABOON to update on what happened in court yesterday**

Do you think we need to start a new thread and call it: FREE PATRICKBABOON? :pOr better yet, start a picket line today at Honolulu Zoo. :p

"Free Patrick the Baboon", along with some Joe-shmo's face on it would be a classic T-Shirt design. lol

Just kidding. You know we wish you all the best. :)

[LikaNui]

Maybe we need to call PETA (http://peta.org/) (People for Ethical Treatment of Animals)?
Hey, Pam Anderson is their spokeperson. We could get her to fly over here to help the cause.
She could stay at my house.
No charge.
:p

[Pomai]

**Looking for PatrickBABOON to update on what happened in court yesterday**

Do you think we need to start a new thread and call it: FREE PATRICKBABOON? :pHere's the T-shirt design...

http://www.96seven44.com/images/freepatrickthebaboon.jpg

[PBatoon]

Case-follow up


My case was dismissed!!!!

The the girl responsible for this mess had her trail the day before mine and already heard the story. I pleaded "guilty with explaination" so that he could hear my side and it actually worked out.

He was about to give me my sentence/fine but he asked "wait wait wait.. what was the name of the girl?" "ohhh she was here yesterday"

He heard how I just wanted to get her home and be safe so he dismissed my case. No criminal record and no fine (thank god), so my chances of wanting to becoming a Doctor has not been disrupted.


Thank you guys for all the help and tips. It really gave me confidence to face the judge and what to say.



oh man and that shirt design. HAHAH so funny. Thanks for the support guys. Thats hawaii for ya. Much aloha. :)

[helen]

Glad things worked out in the end for you.

[scrivener]

Congratulations.

Now, shall we talk about choosing our friends wisely?
(I'm kidding about that last part, but my congratulations are sincere)

[Adri]

Congratulations!

[oceanpacific]

CONGRATULATIONS! JUSTICE AND COMMON SENSE PREVAILED! :D

It parallels my traffic case over 20 years ago. I sold a car to my friend, who then got a ticket within a few days for making a right turn without coming to a complete stop. He argued with the cop and was then cited for several other tickets, including driving with an expired license.

We hadn't yet transferred the title (I was out of town) and I received a ticket by mail for "allowing an unlicensed driver operate my vehicle." What a Mickey Mouse citation!

I was prepared to argue that since my friend had gone to court two weeks prior and the judge didmissed all the citations except for the original one for the illegal turn, there was no way for me to be guilty. It was unnecessary as the judge threw the case out immediately after the prosecutor questioned the cop. I didn't even get to ask one question on cross-examination!

Did that girl get off?

[LikaNui]

Congratulations, Patrick!!! Glad it all worked out for you.

[Pomai]

You pleaded GUILTY? Wow. I never thought that would get you off the hook. But hey, it worked. Right on! If you had been charged and sentenced, that would have been disturbing. Good call by the judge.

Goes to show, honesty and good character prevails in life, and in the court of law. :cool:

Glad you like the T-shirt design. Now that you're FREE, I might just print one (using an ink jet transfer sheet) just for kicks. If you see someone on the street wearing that, it's me. :D

[GeckoGeek]

You pleaded GUILTY? Wow. I never thought that would get you off the hook.

Yeah, I thought it was "no contest with explanation". I guess when the judge heard "with explanation" he may have took it that way.

Whatever, it WORKED! That's what counts.

[infinitypro]

CONGRATULATIONS!

Glad to hear that truth prevailed, and practicality was applied. But, a bit disappointed that we won't be getting NEW T-SHIRTS!:p

[tutusue]

Case-follow up

My case was dismissed!!!!
[...]
Oh cool. Bail fundraisers are a lotta work and I wasn't looking forward to it! :D

Congrats!

[Leo Lakio]

No criminal record and no fine (thank god), so my chances of wanting to becoming a Doctor has not been disrupted.
You can't be a doctor if you have paid a fine??? :p

[PBatoon]

Hahah the shirts are hella funny, like seriously.

I couldnt have pleaded not guilty and cause of course I cant deny I was there, and I have no idea about the no contest thing. But all-in-all the judge heard me out and let me go.

About choosing my friends and the girl. Its just that she WAS our friend; we had a pretty tight knit group but all of a sudden she changed out of no where. Started to becoming more of a biatch, ditching, using us for her own personal benefit, and then leaving us out in the cold.

Shes so bad, the way she broke up with her boyfriend (one of my best friends) is by not talking to him after that fight. No closure, nothing. And oh man is that guy suffering.

She egged my car once -_- and I still forgave her.


Well anyway me getting sentenced a fine would affect my chances of becoming a doctor because a lot of schools and med schools ask if you have a criminal record.

criminal record=STAY AWAY FROM MY MED SCHOOL YOU CRIMINAL

even if it was a simple trespass.

[oceanpacific]

EGGED your car?????? NO CLASS, first-class *ITCH!

[Leo Lakio]

Well anyway me getting sentenced a fine would affect my chances of becoming a doctor because a lot of schools and med schools ask if you have a criminal record.

criminal record=STAY AWAY FROM MY MED SCHOOL YOU CRIMINAL

even if it was a simple trespass.
Youch! Well - glad to hear that you got a judge who was willing to listen. You cashed in a few karma points, but I'm glad to hear that it all worked out for you.

[cezanne]

Alright! Good for you!

Regarding his Baboon's plea, I think it was a good move. He left himself at the mercy of the court. The judge might not be so nice the next time around if he plead "not guilty". "No contest" wouldn't have mattered in this case... just like pleading guilty.

[Star of Gladness]

wow you went through a lot of trouble to make that!

Here's the T-shirt design...

http://www.96seven44.com/images/freepatrickthebaboon.jpg

[Star of Gladness]

Case-follow up

He heard how I just wanted to get her home and be safe so he dismissed my case. No criminal record and no fine (thank god), so my chances of wanting to becoming a Doctor has not been disrupted.. :)

not to mention not having to be on a TSA or Dept of Homeland security list of troublemakers! I think I saw tresspassing on their list of crimes that flags your name to the TSA & DHS.

[oceanpacific]

Alright! Good for you!

Regarding his Baboon's plea, I think it was a good move. He left himself at the mercy of the court. The judge might not be so nice the next time around if he plead "not guilty". "No contest" wouldn't have mattered in this case... just like pleading guilty.


When I went to traffic court, the judge indicated four possible pleas:

1) guilty;
2) guilty with explanation;
3) no contest;
4) not guilty.

For the first three, the case would be settled on the spot. For "not guilty," your trial date would be set, usually three to four weeks down the line. Unless you had mailed in your NG plea beforehand. Then, your appearance date for trial would have been mailed to you.

[GeckoGeek]

When I went to traffic court, the judge indicated four possible pleas:

1) guilty;
2) guilty with explanation;
3) no contest;
4) not guilty.

I stand corrected. A piece of knowledge I hope to never need.