Can Minors Represent Themselves in Court?
DujHoD
for running a red light. I did receive a ticket. I am considering
contesting the ticket in court, but first I have a question. I am
sixteen years old (and not a resident of Indiana, if that matters).
Can I represent myself in traffic court, or would I have to have a
parent represent me?
DujHoD
J2421...@aol.com
John Noble
J2421...@aol.com (DujHoD) wrote:
Good question. The answer, I think, is that the state cannot force you to
accept representation, but might enforce your parent's insistence that you
be represented. In other words, your legal rights as a minor are mediated
only by parental authority. That would be my answer, but you could also
make a case for government authority to require that you be represented
because, as a minor, you do not have "capacity" to waive the right. The
problem with that answer is that the right would not be satisfied by a
parent's representation (unless the parent was a lawyer), and would raise
the question whether a parent can waive a child's constitutional right to
be represented by counsel. In a traffic case, of course, you have a right
to hire a lawyer, but not a right to have one provided, nor a right to
make your parents pay for one.
Bottom line: I say you have a right to represent yourself because,
finally, you can tell the judge that your parents don't know the first
fucking thing about what happened. Right? Let me venture to guess that
what we're talking about here is whether you have to tell your parents
about getting busted for running a light in dad's car, which is going to
cost you your brand new driving privileges for a while. I don't know what
your defense is, and I certainly wouldn't advise you to plead guilty to
something you didn't do; but if you want to bury this, then you want to
find the money and pay the ticket. If you go in there to call the cop a
liar, then the judge is going to ask you if your parents are present. You
may have a right to represent yourself, but you can't keep the judge from
getting Dad on the phone.
I'm not your lawyer and everybody should have one because I don't know
your facts and a lawyer has to.
And please, drive carefully.
John Noble
Fr...@frankspam.au.ex
You need to seek the advice of an attorney. Since this is out of state
what are the costs of fighting it? Do you lose your driving privileges
in your state for out of state citations? If a cop ticketed you it will be
very hard to convince a judge that a cop is lying about a red light runner.
Another problem with being 16 and out of state is were you with an adult?
In some states they can haul you in for being a minor driving alone without
a responsible adult with you. That would be covered under child protection
laws, so that is another can of worms that could open up. All the judge
has to do is make a referral to your state child protection agency.
Andy
In Virginia, you must have a parent or legal guardian with you in court.
You can certainly represent yourself in Virginia courts, but you still
must have parent/guardian with you.
G
news:qu9rtt8f4c8cd60e8...@news.supernews.com...
IN the state where I grew up (Oregon) and most states that I have heard
about you can represent yourself. I know I did. Free advice, worth what you
pay for it.