I live in Arizona but I got a ticket in Indiana. Can I fight the charge without going all the way back for court?

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Question:

I live in Arizona but I got a ticket in Indiana. Can I fight the charge without going all the way back for court?

Answer:

If you get a ticket in Indiana and live in Arizona, you can simply pay your ticket or you can file a Trial by Declaration or Trial by Affidavit. Arizona does not allow such affidavits, but Indiana does. A Trial by Declaration allows a defendant to state their case in writing, send it to the judge, and have the judge make a decision based on the facts presented in the letter. The officer must also either respond to the declaration or make a court appearance. There are presently only 9 states where the Trial by Declaration (Affidavit) is allowed and each has their own set of rules:  California, Florida, Hawaii, Indiana, Louisiana, Nebraska, Ohio, Oregon, and Wyoming.

By notifying the court, you will be able to get information on their procedures and required formats in the state of Indiana for filing the Trial by Declaration. As in the other states that allow the affidavits, by filing one, you give up your right to ask the officer any questions; your case will not be dismissed if the officer doesn’t show up; the judge is more apt to find you guilty than if you actually show up; and in some states you will give up your right to a regular trial. 

Check with an attorney and/or the court to find out the proper procedure and time limitations in Indiana. Filing a Trial by Declaration may be a better option than traveling to an Arizona court.

 

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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