What’s Better? A Trial by Declaration or A Lawyer in Court?

For a lot of traffic violations, you can either go to court or request a trial by declaration.  Let’s first answer a question many of you would ask which is, “What is a trial by declaration?”  A trial by declaration is for those who can’t make it to court, but instead write a statement about the facts of the case and why the court should rule in your favor.  Just don’t forget to plead not guilty or…you will lose the case.  However, is it better than having an attorney go to court for you?

First, let’s stick with trial by declaration.  As stated before, it is a written declaration on why you are not guilty.  This also allows the enforcement officer to write a statement for his own case against yours.  Another great thing about doing a trial by declaration is the possibility to go through another trial by declaration if you end up losing the first time.  According to CVC 40902 (d), “If the defendant is dissatisfied with a decision of the court in a proceeding pursuant to this section, the defendant shall be granted a trial de novo [a new trial].”  Again, the problem is, the cop can fight this again, and may have a better chance on taking you down a second time because he/she has more time to write a more compelling case against you.

Having an attorney appear in court for you can may sound pricey, but can offer the best result.  Instead of having a piece of paper do all the work for you, an experienced attorney with experience in traffic laws can have a much higher percentage on winning a case.  Not only will they know the laws, but they know every angle to fight it as well.  Plus, the officer may not even show up to court, which also greatly increases your chance in winning.  An officer isn’t a lawyer and may not know the ins-and-outs of the law, which also makes the work easier for any lawyer to fight for you.

You also have the right to represent yourself, but depending on the case, that would not be an advised move.  To have a compelling defense built takes knowledge of the laws and knowing how both sides of the justice system works.  You may get lucky with the officer not showing up to court, but there are many cops who are experienced in creating a case against the defendant, especially for more serious cases such as DUIs and reckless driving.

A piece of paper may be enough for smaller cases, but even then it may not be enough.  However, for more serious cases, everyone should seek out an experienced attorney.  Protect yourself from getting hit with the maximum fine and/or penalty and have a chance to win the case by hiring an attorney.  It only makes more sense for having a person to fight for you than having a piece of paper representing you.