QUESTION
Do I still get the right to go to court to reduce the outstanding citation?
Asked on Aug 27th, 2012 on Personal Injury - Florida
More details to this question:
I have the outstanding citation from 2008. (Driving without insurance & fail to appear court date) Now it went to collection agency (GC service) and it is $988.00. I won't be able to pay in full, so I made a small partial payment. Because I have to clear the citation for renew my license soon. I'm wondering that I still get the right to go back to court to reduce the citation or is it too late since I already made partial payment to collection agency?
11 ANSWERS
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Usually, it is too late. Contact a criminal defense attorney to discuss it further.
Answered on Nov 05th, 2012 at 11:02 PM
Lisa Hurtado McDonnell
You have a short period of time after a ticket is issued to challenge the citation and if you got notice of hearing date and then did not appear then a default judgement will be entered.
Answered on Sep 05th, 2012 at 9:40 PM
Dennis P. Mikko
If the offense was a civil infraction and you did not appear, a default judgment was entered against you. Unless you can negotiate a resolution with the collection agency, you will have to pay the full balance due.
Answered on Sep 05th, 2012 at 9:40 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It depends on whether the conviction was ever served on you. If you were convicted in your absence, and the conviction was never served on you, technically, you still have a right to request a new trial, which, if granted, would give you an opportunity to request a reduced charge. However, the right to request a new trial does not mean that your request will necessarily be granted, and if it is granted, it does not mean your request for a reduced charge will be granted.
Answered on Sep 05th, 2012 at 9:40 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You were defaulted and it is doubtful that will be set aside. It think you are most probably wasting time and effort.
Answered on Sep 05th, 2012 at 9:39 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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It sounds like it's too late.
Answered on Sep 05th, 2012 at 12:27 PM
Thomas Edward Gates
It's too late.
Answered on Sep 05th, 2012 at 10:29 AM
Ronald A. Steinberg
Typically, there is a time limit, as well as requirements, to be able to go back to court to fix something. I suspect that you are too late, especially since you made a payment.
Answered on Sep 04th, 2012 at 2:05 PM
Arbitration & Mediation Attorney serving Ann Arbor, MI
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Blaske and Blaske PLC
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It's too late because the deadline set for challenging the appropriateness of the citation has long since passed. The citation itself would have contained on it the deadline for challenging it, but it likely would have been a period of a few weeks or maybe a month or two.
Answered on Sep 04th, 2012 at 2:01 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Your most important job is to go to court and clear the failure to appear. That will keep you from getting a license. As far as the fines are concerned I doubt that any judge would change that. But it wont hurt to ask. You never can tell what a judge will do. They have a lot of power, but the judge is not going to feel sorry for your pocketbook. He doesn't care for folks who don't make their court dates. Whatever you do be humble and contrite.
Answered on Sep 04th, 2012 at 1:58 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Probably too late. Decades ago, when I overlooked a hearing on a citation for not having my drivers license with me (I had a valid license, just not with me when the policeman asked for it) they issued a warrant for my arrest and I had to post bond to get out of jail. You can always try to get some hearing time in front of the original judge and ask, and the worst that can happen is the judge says no.
Answered on Sep 04th, 2012 at 1:33 PM