Posted: 12/18/2008 7:00:37 PM EDT
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Today was my first time testifying in Circuit Court (our felony-level court). I've been out of the academy almost exactly 2 years.
It was for a traffic case appeal, and he requested a jury trial 
He was found guilty on my charge and my partner's separate traffic offense... his two tickets cost him over $1000 in fines and costs. |
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Were those criminal charges or violation/infractions? In Oregon the violations start out at $97.00 and top out at $427.00 without any crash enhancements or work/school zone add ons. The one exception is 100+ MPH, $1000
My favorite is when you get a pro-temp judge (a part time substitute judge) who is an attorney playing judge for the day. Some do not even practice criminal law. Does your city/county provide representation for you on all traffic trials or ones with attorneys? Here we only get an DA if there is defense attorney and we make the request, and they see the need. Appeals are always the best, its like a bad cold that just will not go away. I have one in a couple of weeks with a mental that can not deal with reality. Be safe |
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Va-Gunnut I promise you've seen the vehicle around town. You're right, he just won't learn. Wanted to know if he could appeal the Circuit Court decision (in his case, he won't be able to).
These were just traffic violations. I wrote him for running a stop sign and my partner for fail to yield right of way (crash). We normally don't get a prosecutor for a traffic case, only for criminal cases or misdemeanor crimes that fall under the traffic code (suspended OL, etc). However, the prosecutor said he didn't like the fact the guy was trying to push the office and the court around and make a scene, so they got involved and handled the jury trial. Also good PR for the prosecutor's office, since he is an elected official - Jury members are (usually) upstanding, voting community members. I've made I don't know how many felony arrests, and sent plenty of cases to Circuit Court. But I've never had to testify, there have always been plea deals. So, it's just odd that the first time in two years I've testified there has been for a traffic case that took 5 minutes in lower court. This infraction is almost an entire year old - offense date of Dec 31, 2007 |
| A few months ago I was on the stand for about a hour in a Circuit Court trial from a home invasion robbery from early 2006. I was the first responding officer, located and recovered the single pice of physical evidence from the crime scene, a single casing. That casing was matched to a pistol recovered from a search warrant in 2007. |
I've been on the stand in Circuit Court a bunch of times. A couple of traffic cases, but the best one was a rape case I had as a detective. Spent close to two hours on the stand (sweated through my suit) detailing the minutia of the case, but ended up helping get the guy 120 years for six convictions. 20 years a pop, nothing suspended.
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Quoted:
I've been on the stand in Circuit Court a bunch of times. A couple of traffic cases, but the best one was a rape case I had as a detective. Spent close to two hours on the stand (sweated through my suit) detailing the minutia of the case, but ended up helping get the guy 120 years for six convictions. 20 years a pop, nothing suspended. I spent almost two days on the stand on my last homicide. I was the detective and just worked out that I had to process the scene (un heard of at our place) but due to ET's out on training, vacations etc it was the one in the million shot that I had to do it all. That sucked, but it was an air tight case with a conviction and life sentence so it was worth it. J- |
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Just remember to not do what I did the other week:
I was a witness in district court, went to the court and found that this case was being heard in the judges chambers and an associate judge was running quicker cases in the main courtroom. So I head over to the judge's chamber as instructed and open the door, WHACK! right into the defendant. The chambers were so tiny and they had the place packed with not even standing room only left over! I of course interrupted everything and quietly excused myself back out to the hall. Very suave! It ended up up with no witness testimony anyway. |