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Forfeiting of Bail Can Go Either Way

| Terminology | August 13, 2010

Most of us have received a traffic citation sometime or other. When you sign your tag you are not admitting guilt. You are only promising to come to court

Often in minor offenses, a court clerk may set bail according to a schedule, and your only penalty is that you forfeit bail by not showing up in court.

But you can appear at the time set,and defend yourself against the charge. Indeed in serious offenses you must appear. Just posting bail alone won’t do. The court can order your bail forfeited and still make you come in for trial.

The Forfeiting of Bail itself may be serious. The Department of Motor Vehicles regards forfeitures as “convictions” when it reviews your fitness to drive. Insurance companies also use these records to set your rates.

A plea of guilty, an admission of fault, may also have serious results for a later lawsuit. But a bail forfeiture or even a conviction is not admissible as evidence in the civil suit.

This is why some people with a citation may submit their case “on the police report” which is usually full of a policeman’s statements about your citation.

In some cases where the District Attorney and the court consent, a person can make a plea of  “nolo contendere”, not to contest the charge. This plea is equal to one of guilty under the state law.

The Department of Motor Vehicles has two main types of driver discipline. (1) It may revoke or suspend a license based on convictions. (2) It may make suspensions for a series of drunk driving convictions, narcotic offenses, or for failure to meet financial responsibility laws.

Court Appointed Lawyers Part 1

| Blog | May 18, 2010

Lawyers are assigned by the courts to defend indigent persons who are accused of breaking laws in the Western New York area. Does the present system of court assigned counsel for defendants make equal justice for all?  Available to rich and poor alike? This article discusses the role of the public defender.
Anyone today who finds himself entangled with the law faces a formidable task in proving his innocence. Lined up against him are all the resources of a large and well equipped police agency with its investigators, scientific technicians and legal advisors. Assistance from other law enforcement groups, including the Federal Bureau of Investigation, is readily available to police.
Arrested under suspicious circumstances, even the educated citizen

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