Can my failure to pay the court cashier be fixed by counsel?
I wisely chose my civic opportunity to fight my bogus traffic ticket in court. At arraignment the Judge told me that I can have my case dismissed by paying the correction fee, or another conditional amount. A plea was never given, and I agreed to the Judge’s terms and was told to see the cashier. The cashier gives me a due date three or four months in the future and I feel confident after I set up a monthly payment plan that I will be able to pay the reduced fee amount. Within that three month time span an unexpected bill, financial crisis, or sudden move forces me to barely miss my payment deadline by a couple of days. Next thing I knew the DMV has placed a court ordered hold on my license again. GC services is calling and harassing me telling me that my fines have doubled and that they want the full inflated payment to release the hold or it will damage my credit score and potentially garnish my wages. My trips to the courts and calls to DMV to explain my situation have been useless. How can an Attorney help me get out of this mess?
Where a conviction is never recorded an attorney will be able to get your case back on the courtroom calendar, essentially going back in time on this ticket as if it had never been litigated before. This can only occur when a guilty or no contest judgment has not been determined. In this situation, essentially where the court gives you the option to pay to have the ticket go away, the attorney will be able to fight the original citation to its completion. The process will start all over again; an arraignment will be set where you will be made aware of the charge against you, and you are asked to enter a plea, followed by selecting a date for trial. At trial the ticket can be amended, reduced, or hopefully dismissed.
The difference of Failure to Pay
Same hypothetical as above, instead no dismissal offer was given, and I entered a plea of not guilty at the arraignment. Next at trial I did all I could in my defense but the court ruled in the favor of the officer and found me guilty of the bogus violation. If a conviction at trial or a plea of “guilty” or “no contest” is entered and the fine amount is not paid to the cashier in a timely fashion the matter will be set for compliance commonly known as “failure to pay.” When the court issues an official failure to pay, and after you have had your day in court, you will not be able to recall the case. The case file will again go into collections and a hold from the DMV will be placed on your license. Unfortunately, in the failure to pay situation you will only be able to lift the hold by paying the entire inflated fine amount to GC services.
If you are not sure where your situation falls, I encourage you to call me to check for you and help you sort out the details. You need someone you trust to look into your situation where the court cashier was never paid to give you the best advice possible. Do not listen to the collection company (GC Services) or the clerks at the courts or at the DMV who have an interest in getting the most money per conviction as possible. Trust the Law offices of Mark A. Gallagher to research your case to determine if a conviction has been entered. We can explain your situation to you and lay out a plan that will save you as much time and money as possible. We aim to return your license and driving privileges to you without delay. Call or email for a free consultation today (800) 797-8406 or lance.socaldefense@gmail.com
Overall, deciding how to handle your Criminal or Civil case depends on your individual circumstances. Therefore, it is important that you contact an experienced attorney to assist your needs. If you require representation on the above or any other criminal matter, feel free to reach me directly at The Law Offices of Mark A. Gallagher: (800) 797 – 8406 and email: lance.socaldefense@gmail.com
