Harris County traffic ticket lawyer can help you on a traffic ticket court trial but it is necessary to know what happens in the court proceedings.
Case is Called
You get to court based on the date provided the court to hear your case of the traffic ticket issues. The court clerk will call your name referring the case as your name against the state. You and the witnesses will be sworn in at this point of time. You will have to walk into the courtroom and take your place at the table. The clerk will explain the case with its simple facts like the name of the person convicted and his basic charge along with location.
In some courts, all witnesses and the convicted will have to present their point of the case from the witness box. In some civil cases, however the judge will request you to speak from the position behind the table itself and the officer will speak from behind his table. Even while cross examination, you can slightly turn from the table. Whether you have to give your presentation while sitting or standing will be informed by the presiding judge.
Making request to judge
A “motion” is a request made to the judge soon after the judge finishes speaking and before the prosecution begins the hearing. The requests that can be made include:
- Ask for postponement of hearing if you need more time. The reasons can be like finding witnesses, time to evaluate the officer notes or time to find a reliable Houston Traffic Attorney.
- You presented a request for the officers notes and it was not disclosed to you. In such a situation you can request for closing of the case.
- You can even ask the judge to get the officer to present you his notes so that you can postpone the trials and better prepare for it.
- If the prosecution has taken too long to present for the trial, you can ask for case dismissal.
Make sure you have a valid reason for presenting the motion and provide the reason along with the request so that the judge can consider it.
Reasons for presenting a Motion by a Harris County traffic ticket lawyer
No prosecution: Sometimes the police officer might not turn up on the hearing day. You can request the judge to dismiss the case as you do not have the accuser to cross question. Express the utter inconvenience caused by the prosecution not turning up. You can even show how much effort you have put in to bring the witnesses. With the help of a good Houston Traffic Lawyer in your area, will be able to present it in the best possible way and you can easily get out of your charges.The judge may sometimes cancel the request in case the officer has already informed the court of why he is not able to turn up for the hearing due to some emergency reasons.
Not to allow all Prosecution Witnesses in Court room: Sometimes the prosecution may have more than one witness to testify against you. You would not want that all of them are present in the courtroom. If they hear each others testification, they can make necessary changes to their story and coordinate accordingly. The witnesses maybe the police officers present at the time of the issuing the ticket, other drivers or bystanders. When you get the prosecution witnesses to testify separately, you can make use of the inconsistencies in their stories to work in your favor. On making such a request, the judge will mostly grant the request and even your witnesses will have to wait outside court room unless called for.
Postponing court date: You can ask for a delay in the court date. But you will have to sight a proper reason, for example a crucial witness couldn’t show up due to emergency reasons. If the Harris county traffic ticket lawyer sees that a continuance can help in your winning the case, he will raise a request. But if the ticketing officer has not arrived, then instead of asking a continuance you can easily ask for a dismissal of the case.
Statements made by the Prosecution
The opening statement is made when there is no request made of the motion is overruled by the judge. Both the sides will have to present a small statement on the case and how they plan to prove the case in their favor. There is no proofs presented in a statement. Sometimes the prosecution statement will be avoided in case there is no prosecution lawyer. The convicted can also avoid prosecution and the judge will directly ask the officer to make this presentation of the ticket issued. Sometimes the Harris County traffic ticket lawyer will make the wise decision of not giving up any detail in the opening statement.
The officer will begin with his version of why you were convicted for the traffic rule violation. The Harris County traffic ticket lawyer will object any legal point that can be countered effectively during the prosecution testimony. There are certain rules to be maintained while objecting and that’s the reason why it is recommended to hire Houston Traffic Tickets Attorneys to fight your case. Objection can be raised over an unclear statement of the witness or officer, officer’s notes not made available even after your request, officer testimony without proper evidence etc.
Cross examination by Harris County traffic ticket lawyer
The lawyer can cross examine the prosecution officer with question than bring out the truth. He will know how to find loopholes in his testimony. He will try to hook the officer with precise and unexpected questions so that the requirement for a quick answer will confuse the officer and give away the expected loopholes required for your winning the case.
Sometimes the convicted can also present his testimony along with proofs like notes, photos and witnesses. But if you have a good Harris County traffic ticket lawyer you can easily close the case after the officer testimony and cross examination proving you free of charges.