What should I expect in an excessive speed case?
What you should expect in an excessive speed case (also referred to as a criminal speed case) is the same that you would expect in any criminal case in Arizona. When you are issued a ticket for excessive speed, there will be a date listed on your ticket. When the officer gives you the ticket and lets you continue driving, you are promising to appear in court on that date. This date is called the arraignment date. The arraignment date is simply the date on which you will enter a plea. If you hire an attorney before your arraignment date, your attorney will file paperwork with the court entering a “not guilty” plea. The court will then vacate, or cancel, your arraignment date and set a new date for a pretrial conference.
The pretrial conference is the first opportunity for your attorney to meet with the prosecutor in your case and discuss settlement and request information (known as discovery) that may be useful in defending against the charge of excessive speed. Not much happens before the initial pretrial conference. This is because the rules of criminal procedure do not require the prosecutor to do anything before that initial pretrial conference. You can expect in an excessive speed case that there will be several pretrial conferences, usually occurring about 30 days apart. Pretrial conferences will continue to occur until either a settlement has been reached, or until it is apparent that no settlement can been reached and all relevant information has been obtained from the prosecutor, at which point the case will be set for trial.
Along the way, your attorney will likely ask you to provide information that could be helpful in mounting a defense. Your attorney will also update you as your case develops. Never be afraid to ask your attorney questions – that’s what you are paying your attorney for.
Every case is different, and we are always happy to discuss what a defendant might expect in an excessive speed case based on that defendant’s particular circumstances.
Will I have to appear in court?
If you hire an attorney, your attorney can often attend the pretrial conferences without you. Some courts require that a defendant attend pretrial conferences, but this is the exception rather than the rule. We represent many clients from out-of-state who never return to Arizona or attend court. You can discuss whether or not your presence is necessary with your attorney. If your case goes to trial, you will almost certainly need to attend the trial in person.
Will I have to go to trial?
The vast majority of these cases are resolved through negotiations with the prosecutor and do not go to trial.
How long will it take to complete my case?
On occasion, we are able to resolve these cases at the first pretrial conference. Sometimes it takes us a year or more to resolve these cases. Most cases fall somewhere in between.
What are the possible outcomes?
Read our post about possible outcomes in an excessive speed case here.
This article is courtesy of http://krazlaw.com/