Legal question - need advice if anyone knows

[kimi]

I'm not sure if this is the right forum, but I have a question and it seems to me that folks here might have some knowledge - anyway, here's the story:

My 17-year-old son got pulled over a couple weeks ago and ticketed for our van not being currently registered (it was expired, and yes, I should have handled it long before now, anyway, it's been handled now), and also for uninsured vehicle (it was insured, there just wasn't a current insurance card in the van at the time). So we've recently been getting all these letters from lawyers about representing us at trial for the uninsured vehicle situation, which has been sort of freaking me out, and since we haven't even heard from the court about a court date, I called the court traffic division yesterday. A very blase court clerk told me that the ticket had barely been gotten into the system, we'd receive a court date in a week or two, and she had no idea how these attorneys got our name and address but just to bring our current insurance card to court, no big deal.

Today a letter came from the court, State of Maryland vs My Son, and saying that it was important to be represented by an attorney for this serious traffic offense. Naive me, I just thought we show up at court with the current insurance card, show it to the judge, and he takes pity on us and sends us on our way. Am I totally out to lunch on this, or do I need to retain an attorney, for funds I really do not have at my disposal, to handle this? I guess I'm just sort of confused by what the clerk said versus what the letter tells me, and maybe some decent folks here at DU have some experience with this. I really don't want to drag my husband into this, he's deployed and has enough stress as it is. If anyone has any advice, I'd really appreciate it. Sorry for the long post, I'm just sort of lost on this matter. :crazy:

[mcollins]

1. The letter is just there to scare you

and get money for lawyers. You go to the court date, tell the judge you've taken care of the registration and show him you have (and had) insurance, and that will be that. You may get a fine for the registration being out of date, but if you are nice about it and say it was your error and you've fixed it there is a good chance to get it waved.

You bring a lawyer and then the judge thinks maybe there is something there, and even if you don't you'll end up having to pay the lawyer on top of everything else.

[kimi]

2. Thank you!!

That's what I thought, but short of calling a lawyer to ask, I didn't know what to do. I appreciate your response!

[mcollins]

5. You are welcome and good luck!

Please let me know how things turn out!

[TreasonousBastard]

3. I can't say about Maryland, but I was stopped in NJ for an uninsured...

car (and having a suspended license at the time) and I got the same bucketfull of letters from lawyers. Driving while uninsured carries very heavy penalties most places, and if the car was uninsured, even if he did not own it, it could take lawyer to deal with it.

However, showing up with the valid insurance card saved the day even though there was a fine for not having it in the car (dirty dogs have to make a buck somehow) but the judge made some people get a letter from the insurance company confirming there was coverage (he knew how easy it is to fake an insurance ID card.)

So, I wouldn't lose sleep over it if you have a valid insurance card covering that date.

Worst cases I've seen in NY or NJ meant talking to the free lawyer available and letting him make the deal with the DA. Most of the time they just want some money in the local coffers, not to ruin your life.

(But they can easily ruin your life if you piss them off or don't take it seriously.)

[kimi]

4. It just surprised me, cause the van is insured

and yet, all these letters coming in, addressed to my kid, about this serious traffic offense, are kind of scary. These attorneys specialize in DUI and drug offenses, and he's a 17-year-old high school student, has applied to universities, and it's freaking him out. He's thinking it's going to affect his college career, never mind his employment someday, for something that was really an oversight on MY part. And attorney's - well, for various reasons, I have a real prejudice against them, I know the majority are good people, but I'm soured by an experience my mom had not so long ago, and I simply do not want to get involved with them.

Thanks for your response, it reassures me. It's not as bad as I was thinking earlier, still, all the reassurance I hear, the better I feel. And the better my boy feels. Thanks!

[EvolveOrConvolve]

6. I work for a prosecutor's office

I'm in a different state, but a lot of prosecutors will just work a deal with you. Get a hold of them and let them know that you've got proof of insurance and that the vehicle is now legally registered. Ask them if they will drop the charges if you bring proof of such to court. If you don't have a record with a huge number of traffic violations, then they'll probably work with you.

You DON'T need to pay a private defense attorney to do this. They would do exactly what I described above. You and your son go to court - make sure that he's wearing slacks, a nice button up shirt and is properly deferential to the judge. If you've worked something out in advance with the prosecutor on the case, then they'll make a motion to reduce or dismiss the charge since you've shown proof of proper registration and insurance.

If you don't know where the prosecutor's office is at or how to get a hold of them, the court clerks often can give you that information.

[kimi]

12. Great, I'll do that on Monday

The attorney letters keep piling up, telling my boy about the ramifications of this offense on his future. I've already registered the van, and paid the ticket involved, and we don't have many if any traffic violations since it was basically my husband's vehicle when he was still in the States. I can go down to the courthouse with all documents necessary and find who I need to, if necessary, just to get rid of the stress this is causing us.

Thank you so much for your advice, I appreciate it!

[treestar]

7. It must be a public record of some kind, so the lawyers can go

to the court and find out who has a ticket.

[kimi]

13. There must be a lot of lawyers in our area

I am amazed at how many are sending us these letters. I mean, it's the DC metro area, so it's probably ripe pickings, but sheesh, they're paying us so much attention. It's scary, they seem to be telling my son that he's going to end up in prison doing hard time if he doesn't hire them. I've told him to stop opening the letters, but he's a kid, and he never gets snail mail, so it's a novelty anyway. I'm just gonna have to beat him to the mailbox everyday.

[Orrex]

8. I'll represent you if you send me $43,000

I'm not a lawyer, but I figure what the hell!

[EvolveOrConvolve]

9. I'll do it for $42,500

Ball's in your court.

[Orrex]

10. Pfft. Whatever.

If she wants to skimp and save a measly $500, that's her business, but caveat emptor!

[EvolveOrConvolve]

11. Hey, I have a doctorate degree in "Googlotomy"

With Google, I know EVERYTHING.

[kimi]

14. Honestly, I'd hire both of you

if I had the cash, just to get the problem out of my way!

If I had the bucks, that is! Thanks for the offers, I really do appreciate them, bless your hearts!