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Sunday, March 18, 2012

"Ask the Judge" Column continues in La Prensa of SA, 3-18




Ask the Judge: Show up to court on time
By
Judge Steve Walker

Every week in “Ask the Judge” the final line of the column is, “lastly, as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.”

Ever wonder why I always use that rejoinder to finish the column? It is simple. It is a gentle reminder to the reader who has been cited for an offense (normally a traffic citation) to show up to their court appearance on time. Failure to do so can cause the defendant grief when they eventually do show up on their own, or picked up on a warrant and taken into custody and eventually remanded to jail.

The worst case scenario when someone enters the courtroom whether it is on their own or by personal invitation after failure to appear, they are charged and escorted in handcuffs to the constable’s office next door.

Unless the defendant makes arrangements to pay whatever fine that is outstanding at the time, they very well may be re-cuffed with their hands behind their back again and escorted in a county van, compliments of a Pct. 2 Constable’s Deputy, to the Bexar County Detention Center. The Detention Center credits the defendant time served based on $50 a day. If the citation is for 2-hundred dollars, the defendant could serve four days in jail.

In most cases the confrontation could easily be avoided by simply showing up for the court date when summoned and explain to the judge why you are not able to pay the fine. In most situations the problem lies in not paying a traffic ticket fine on time.

In these economic times, most defendants are not able to pay the full amount or even a portion of the fine. As Judge, I offer the defendant at least 30 days to pay the fine in full. When the fine is not paid in a timely manner, (within the 30 days) a one time state mandated $25 late fee is added on to the payment.

The usual excuse someone uses for failing to show up to court is that they have no money to pay at the time. Having no money to pay the fine at the particular time is not a defense. That is when the defendant is encouraged to ask the Judge for some form of leniency. The Judge has the discretion to offer a viable solution.

Defendants are encouraged to work with the Judge to come to a viable solution. The Judge will work with you. Not showing up is not an option. Failure to appear can cost a defendant two to three times what the original fine was assessed after they add on various forms of fees.

Defendants are highly encouraged to not make the situation worse by not showing up.

To end this column I will simply say, “Lastly, as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.”

Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist.

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