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What do y'all do to handle the problem of defendants who accumulate multiple traffic citations in JP Court and request jury trials in all of the cases? Assuming Penal Code 3.02 applies, you still have to provide notice and can only try the citations out of the same criminal episode. There also would seem to be an issue of prior bad acts if all of the facts are before the jury at the same time. Does anyone ask the defendant to waive this and try all of the cases to one jury at the same time? Does anyone proceed and wait for the defendant to raise the issue? Any good tricks for getting the most juries out of one panel? | ||
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Well, how long does it take you to try a traffic ticket? We used to pick three juries then try three cases in two days. We'd pick a jury, then hold over the leftovers (without those struck for cause) for the next panel. Any reason why you couldn't try all the tickets on the same week? You have to stand there and pick multiple juries from the same pool. Make the defendant pick multiple juries with you. I mean, I think it would be fun to require the defendant to pick more than one jury out of the same pool of jurors. Can you do that? I know the idea seems half cocked, but it occurred to me that if the pool gets tainted by the defendant using facts from the case or not properly keeping their questions to the scope of voir dire, that's not inherently caused by requiring the defendant to pick more than one jury in one day. | |||
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Problem is, JP wants six or more tried in one day out of one panel. Now, you got any ideas? | |||
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I'd say try one and then make him come back next jury setting to do the next and so on and so on. Get conviction # 1 and he/she will likely decide against coming back. Also would depend on what the JP is likely to do. Ours will max out the fine if convicted at a trial whereas if they plea out, they can save a little money. Once you get one conviction, may be a little easier for them to calculate the costs he's looking at, including time off from work court costs and travel time / time off from work (if doesn't live there). | |||
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At $40 per day per juror, I can tell you there will be fewer jury trials in JP court.... If the new amount applies to those juries as well, A small county will go broke in jury trials where the max fine is $200( ex. speeding). 12 jurors minimum needed to cover all strikes X $40= alot more than the county can make on the fine. Assuming on a good day when 30 folks show up for jury duty X $40=$1200....Not going to have a lot of no seat belt cases go to a jury for that price. I must confess, I have not had the time to read the actual bill yet. Sorry Shannon. | |||
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Mike: the $40 only applies after the first day...so for one-day juries, it's still $6. | |||
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Thanks Rob! I recently heard that might be the case but still had not found the time to research it. In a longer trial, can the judge order the amount as restitution to the county if the Def. receives probation? | |||
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