LEOs only - Amending violation upward

[COBRA_ESQ]

It has repeatedly been said in the Donut Shop that after having been given a break and received a lesser violation you risk the LEO amending the charge upward if you fight it.

Has anyone ever done that?

 

[Outlaw99]

I didnt, no one i worked with did that i ever knew of. but it is always a possibility.

 

[Lt. ZO6]

For federal citations, the fine amount listed on the citation is a collateral forfeiture... Paying the collateral is not an admission of guilt and does not count as a conviction as long as you pay before your court date. Once you step into court and enter a plea, it is now considered a misdemeanor violation. Pleading guilty or being found guilty now counts as a conviction. Also, once in court, the original collateral amount is out the window. The judge is free to impose up to a $5000 fine and up to a 6 month sentence per violation...

Now, for real world... I have only seen the judge impose a higher fine amount than stated on the citation a few times. Most of those involve speeding violations in excess of 100mph, etc. The vast majority of the time, the fine imposed is what's stated on the citation.

Personally, considering I prosecute misdemeanor violations in instances where no jail time is being sought and the defendant has no attorney, I have never attempted or allowed a citation to be amended to a more severe charge.

 

[FordSVTFan]

It has repeatedly been said in the Donut Shop that after having been given a break and received a lesser violation you risk the LEO amending the charge upward if you fight it.

Has anyone ever done that?

I've seen judges take it upon themselves to change the civil infraction based on the testimony concurrent attitudes involved.

 

[kingcobra8541]

Deleted

 

[svtcop]

In our neck of the woods if we were to attempt that we would have to go through the prosecutors office and it would depend on their approval.

I haven't seen it done. :shrug:

 

[svtcop]

I've seen judges take it upon themselves to change the civil infraction based on the testimony concurrent attitudes involved.

the civil infraction based on the testimony concurrent attitudes involved.

Anyone care to guess which one is the spammer? :shrug: :bash:

 

[silver03svt]

Anyone care to guess which one is the spammer? :shrug: :bash:

Adam? oke:

 

[Iceman II]

I think you can amend that by your testimony. I've had to do that with a commercial truck driver who took me to court after I gave him a break. The jury gave him the max, I believe they got pissed for wasting everyone's time.
It never fails, you, try to give someone a little break and it comes back to bite you in the donkey! I bet you guys can attest to this.

 

[silver03svt]

I think you can amend that by your testimony. I've had to do that with a commercial truck driver who took me to court after I gave him a break. The jury gave him the max, I believe they got pissed for wasting everyone's time.
It never fails, you, try to give someone a little break and it comes back to bite you in the donkey! I bet you guys can attest to this.

Only happened to me once. Gave a 1 MPH break to take the charge out of reckless driving. Guy came to court with 3 pages of internet lawyer crap. Judge got pissed at him. Didnt amend the charge, but wailed him on the fines. Now, I just wrtie 'em as I see 'em.