Legal Question in Criminal Law in Massachusetts

Re: Traffic citation leads to possible criminal charge

I really liked R. Miller's answer. However I can't tell from your question if your daughter was in California or Maryland at the time of the offense. If the incident occured in a state other than California the procedures will be the same but the names for the various events may change.

I did the same thing a year ago, and proceeded slowly to a safe place to pull over. And the officer really got ticked off. I believe that they get scared when the driver they are pulling over doesn't act predictably. And then they take it out on the offending driver. That's my opinion. The police officer making the stop would probably not admit to it. Most California Highway Patrol cars now have loud speakers to tell the driver they are stopping to move to a safer area.

If this police car had a speaker he could have used it to tell your daughter to stop where she was at.

Re: Traffic citation leads to possible criminal charge

Thank you for your email, and I am sorry to hear about your daughter's unfortunate incident.

Although I have not seen the police report, it truly sounds as though there is a difference between the stated facts between what your daughter has stated and what I assume the police will write down on the police report.

Although pleading not guilty is perhaps a smart strategy, doing so sets the case on the road for trial, so she may want to have an attorney advise her or represent her.

At the arraignment, which is the first court appearance, a judge normally has the power to accept a plea of guilty or not guilty to the complaint as CHARGED. In other words, the judge cannot change what she is charged with, since the D.A., not the judge, filed the complaint. Pleading not guilty normally sets the case for a new date for a pretrial, which is a negotiation discussion with the District Attorney regarding proof admissible at trial, the elements of the crime charged, and the facts of the case and all legal defenses and motions. Some judges also like to set a jury trial, to protect her right to have a timely trial.

If you would like representation for your daughter, or if you have specific questions or concerns you would like answered, please feel free to email me or call me directly. My email is below, and my phone is 1-877-568-2977. Thanks.