Below is a checklist of things to keep in mind if you have been issued a traffic ticket or are otherwise scheduled to appear in Muncipal Court because you can't pay off your ticket.
1. You’re going to get letters
in the mail.
We, as attorneys, are permitted to send you what are known as “solicitation
letters.” It is relatively low cost for us to send them to you, and it is our
way of selling ourselves by how we try to persuade you to retain our services.
2.
Pay attention to what the
letters say.
There is some mandatory language that we are required to put in the letter as
well as some guidelines we must follow pursuant to New Jersey’s Rules of
Professional Conduct (RPC), such as informing you that this is an attorney
advertisement, how we obtained your information, why we’re soliciting you and
where you can report any false or misleading advertising. We can quote fees,
highlight our experience and often advise you as to the severity of the
consequences you are potentially facing by pleading guilty. Tread carefully if
you see a lawyer quoting a flat fee before even speaking to your or a making a
promise that seems too good to be true.
3.
Call the attorneys to shop
around.
While we send letters to solicit business, we are not allowed to contact you
directly to solicit business. It is up to you to contact an attorney if you have
the need to speak for one for legal advice. Many attorneys, such as myself,
offer free initial consultations so that we can evaluate your case and get an idea
of what is going on before we quote a legal fee for our services. Just like a
mechanic needs to pop the hood to see how you’re car is running, we need to
speak with you to get an idea of what’s going on before we can advise you as to
how you should proceed.
4.
Meet with the attorneys to
feel them out.
Schedule a consultation to meet with the attorney in person and show up if you
agree to meet with an attorney at a set date and time. Many of us work off of schedules.
When we agree to consult with prospective clients, we set aside our time to
help you. By not showing up, that is disruptive to our schedule and can
potentially take away from paid work. So, if you say you’re going to meet with
an attorney, show up on time. If you need to reschedule, call ahead.
5.
Hire an attorney if you can
afford it.
Many criminal charges and some traffic offenses carry with it pretty severe
consequences, including having points assessed to your drivers license,
suspension of your driving privileges, probation, community service and even
jail. Pleading guilty without being represented can have potentially
catastrophic consequences. Don’t be tempted to plea guilty just to get your
case over with, even if the ultimate punishment is only a fine. Haste makes
waste. You don’t have to prove you’re innocent. The State has to prove your
guilt beyond a reasonable doubt. Know your rights and protect them. If you can
afford to retain the services of an attorney, it would behoove you to do so. We
know the Court Rules, Case Law and Statutes. Let us fight for you.
6.
Go to Court to Apply For a
Public Defender. If you are looking to apply for the public defender, remember that you
don’t just get one because you ask for one. You need to demonstrate that you
need one. This means you have to show the Judge presiding over your case a
financial snapshot of your life at that time. You need to show your income,
including pay stubs or a tax return that has been filed. You also need to show
your expenses, namely any Court Ordered expenses such as paying fines or child
support obligations. If you qualify, you have to pay up to $200 for the Public
Defender application fee. Otherwise, you can ask the Court to reduce or waive
that fee if you show reason for them to do so.
7.
If you’re in Court and there
are Lawyers there, don’t be afraid to approach them. Us private attorneys, while
wearing business attire, are still human beings. We are approachable. We may
look stoic while waiting for our case to be heard, but most of us are eager to
help out where we can, that’s why most of us are lawyers. We are limited to
what we can tell you, but if you feel nervous about approaching a lawyer to ask
a question about your case, don’t be. Sometimes if you have a simple traffic
ticket, or a not so complex criminal case, you may feel more comfortable to
approach a lawyer before going to speak to the judge or prosecutor. We, as
officers of the court, can speak to the prosecutor briefly about your case in a
way that is more beneficial than if you speak on your own behalf. If your case
can be resolved that day and you may work out a deal to resolve your case so
you don’t have to keep making multiple trips to Court, then it may be worth
hiring a lawyer on the spot so s/he can put their name on the record and help
you resolve your case. So don’t be scared to ask for help when it is available.
8.
Be sure to pay for our
services. While
it is often more expensive to hire a private attorney than it is a public
defender, don’t let our title as lawyer scare you about asking what we cost.
Also, don’t be afraid to ask about negotiating fees. Worst we can say is no and
some lawyers are more flexible with payment plans than others. We realize the
economy is tough and people don’t often have thousands to pay for an attorney
up front. Just remember that if you’re going to agree to be placed on a payment
plan to stick with the terms of the payment plan. But don’t let the price tag
scare you from being represented if you can help it. You should value your
freedom and protect it by retaining the services of an attorney. Rule of thumb:
Stick to the payment plan and the attorney will stick with you. We take our
jobs and protecting your freedoms seriously and so should you.
9.
Wrapping it all up: You’re going to get letters
from attorneys if you were pulled over and issued a traffic ticket or arrested.
You should contact these lawyers over the phone or email and meet them in
person for a consultation. You should read the letters carefully for what is
being promised or what fees are being quoted. Hire an attorney if it is in your
budget to do so and you’re facing severe consequences for being found guilty or
apply for the public defender. If you are in court without a lawyer and want to
know what you’re in store for, approach a lawyer and ask them. If you find out
after speaking to a lawyer in the court hallway that your case can be resolved
that day and you have the money to pay them to speak to the prosecutor and
judge for you, pay them. Finally, don’t let the price tag or any preconceived
notions about the cost of legal representation scare you from contacting an
attorney. If you can negotiate a payment plan with one, stick to the plan. The
only thing more costly than hiring an attorney is realizing you should have
hired an attorney after the fact. Hope this has been helpful.
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