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Main Page 1st Court Day - Any pointers?
(Click here to view the original thread on the MassCops Message Board)

Posted by: Portable81

Hey,

Any serious advise for a rookie on a first court appearance? It's an appeal on a cite before a judge. Thanks in advance.

Posted by: Deuce

Roll your eyes. A lot, judges love that..

Posted by: tomcats

Tell the truth,speak clearly. be confident. It's really no big deal. Don't be confrontational. Juts tell your side as you observed the violation. Don't get into the drivers attitude unless asked.Even if he/she was a dickhead.The whole thing lasts maybe 5-10 minutes. Piece of cake. Good luck and remember either way you win because its O.T. hopefully !!!

Posted by: Delta784

General advice about testifying (not really relevent for a traffic appeal);

Answer every question with "yes" or "no". Don't offer anything else unless you absolutely have to. Defense lawyers will ask a question, get a yes or no, then look at you & raise their eyebrows, inviting you to elaborate. Don't do it! Just stare back at them, and don't say a word. They HATE that!!!

Posted by: OCKS

What tomcats and delta said. Remember always be truthful even if it blows your case.
If you are ever caught in a lie or fudging the truth your done. Good luck in court and in your career

Posted by: Deuce

Bring;

Your cite book and read all the neato things you wrote on the back so you can jar your memory about the stop.

MGL or city ordinance book (depending what you cited for) because judges are stupid and ask you from time to time to clarify violations.

A don't give a damn attitude because said same judge will more than likely find the violator NR....

Posted by: 209

Hopefully you write good notes on the back of your citations...if not court will be tough. Make sure you know the area of the stop very well, to include location of speed limit signs, school zone, etc. Weather and time of day could play a factor. Print out the persons driving history and status of registration on the vehicle he drove during the stop. For example MAYBE something could come up regarding his history....But you cannot bring up history. either the violator has to bring that up or the Judge. For example though, If you cited them for unreg or uninspected and said that they got their car inspected/registered and the current LEAPs print out says otherwise that would be a good thing to bring up. Good luck. WEAR A SUIT.

Posted by: extremesgs

Keep in mind you're not just trying to win a case or conviction, you're trying to "impress" the judge, for lack of better wording.

Show that judge that you're credible, honest, and professional. It will go a loooong way down the road, because you know you'll be in front of him again.
Have an attitude, show that you're being deceptive, or show that you were unprofessional in dealing with the suspect/operator, and it'll ruin you forever in the judges eyes.

I'm not saying suck up. No way! I'm just reminding you that you will see that judge again.... make a good first impression

Posted by: sdb29

I once had an old timer tell me that I should be prepared to have a judge ask me if the street where the violation occured was an accepted public way. Be prepared to describe the area and say something like "Main Street runs north/south through a thickly settled area in the town of______. It is paved and has curbs and sidewalks on both sides. The town of______ maintains the street, removes snow from the street, and repairs the street. The town of _______ erects and maintains street signs and traffic control signs/devices. There are streetlights and telephone poles."

Take a ride by the location of the violation and familiarize yourself with things. If it's a stop sign violation is the stop sign obscured by overgrown trees or telephone poles? Are lane markings faded/obscured/nonexistant?

Don't say the stop sign was totally unobscured and have the violator pull out a photo that shows a tree that's obviously been around since the 1600's blocks the view of the sign.

It's only a ticket. Don't fabricate. Tell the truth, even if it helps the violator. You're getting paid wether he's responsible or not.

Posted by: Inspector

Sometimes the defense will ask you more than one question at a time. If this happens or if you need a few more minutes to consider the answer ask the attorney to repeat the question. I once had one lawyer who asked five questions at once and when I asked him to repeat he asked "which one?" I said "the "first one" which he had to admit he forgot.

Posted by: New Hire

DON'T get too wordy; answer questions (or offer info) only when asked; present yourself as a professional and you should be okay.

You'll probably be a little anxious but don't sweat it...

Posted by: copcar65

Lot's of good advise but a couple more things to think about.

If the judge finds the person not responsible, don't take it personally. If you're too upset it will show on your face and the judge may take it personally. Don't forget the same way you might give someone the benefit of the doubt and let them go with a warning, the judge can do the same. For a new officer it is hard sometimes not to think the judge is taking the other person's side and not yours. That's usually not the case. Remember, the judge wasn't there and doesn't know what the driver was like.

Whether the judge finds the driver responsible or not, thank him/her before you leave the stand.

Along the lines of telling the truth, don't be afraid to say you can't remember. Judges don't expect you to remember every single traffic stop. A judge told me once, she finds it very suspicious if an officer can "remember" every detail of a traffic stop.

Stay calm and good luck.

Copcar65

Posted by: New Hire

In a lot of cases, the judge will let you know (at the conclusion of the hearing) that the person will be notified by mail.

Copcar65 makes a good point-always thank the judge when the hearing is over because chances are, you'll be there before that judge again. Stand your ground and just tell your side of the story as you remember it.

Also, don't think because a person shows up with a lawyer that they're going to be found not responsible...

If you get there early enough, let one of the court officers (covering that session) know you're there for a MV hearing...my main session is always a complete mob scene and when cops show up for hearings, I usually have them come sit near the stand, away from the rest of the public....

Probably as much "professional courtesy" as I can extend in my line of work...

Posted by: 209

Quote:

Originally Posted by New Hire

If you get there early enough, let one of the court officers (covering that session) know you're there for a MV hearing...my main session is always a complete mob scene and when cops show up for hearings, I usually have them come sit near the stand, away from the rest of the public....

Probably as much "professional courtesy" as I can extend in my line of work...

Which we appreciate very much so...Sucks when you get stuck sitting with the Violators and shitbags.

Posted by: Vader

Win or lose, don't forget to remind everyone in the court that you are on OT and you really didn't care to begin with. Try not to swear (if it happens, don't worry - it just reinforces the fact that you mean business)...and don't take your pants off.

Posted by: New Hire

Quote:

Originally Posted by 209

Which we appreciate very much so...Sucks when you get stuck sitting with the Violators and shitbags.

received.

Posted by: 94c

judges love evidence and visual examinations.

If the guy ran a stop sign, go down to your city or town highway department and pick up a spare stop sign. Bring it with you to court.

Posted by: Portable81

LOL ... Thanks guys, lots of great advice. It's appreciated.

Posted by: New Hire

Quote:

Originally Posted by 94c

judges love evidence and visual examinations.

If the guy ran a stop sign, go down to your city or town highway department and pick up a spare stop sign. Bring it with you to court.

Props probably aren't a good idea....

Posted by: 94c

Quote:

Originally Posted by New Hire

Props probably aren't a good idea....

How about a mime to re-enact the incident?

Posted by: New Hire

How was your day in court??

Posted by: Portable81

It went pretty well, thanks. I managed to get 2 of my 3 vio's to stick. Responsible for $250 and appeal costs. Again, thanks for all the pointers.

Posted by: wgciv

good job

Posted by: jettsixx

Did you say thank you to them for "paying your salary". lol good job

Posted by: Portable81

I thought about it... but wasn't sure how well it would go over... lol

Posted by: Mitpo62

Court dress should be simple. I leave my cape at home during inclement weather.

Posted by: SOT

Shoot first, ask questions later....If the guy is found NR just start yelling.

You're out of order!

THIS WHOLE DAMN COURT IS OUT OF ORDER!

Posted by: BufordTJustice

Quote:

Originally Posted by Portable81

Hey,

Any serious advise for a rookie on a first court appearance? It's an appeal on a cite before a judge. Thanks in advance.

Yeah...don't forget to put in your overtime slip.

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