In the American Judicial System, the defendant is not responsible to offer evidence of innocence, but rather the prosecutor to offer evidence of guilt. Assertion of innocence and demanding the production of evidence, such as dash camera footage should, in theory, be enough. However, in practice, if the police officer takes the stand and swears under oath that he saw what you describe, it is up to the judge to decide which to believe.
No.
Not unless you were dragged into court. Either the officer wrote you a ticket or a citation, which you signed. If you did not appear you may have been found guilty in absentia or a warrant issued either in place of or in addition to the fine, or your license is suspended, depending on what they do there. The only way you could get a fine without a citation is if the officer arrested you, took you to jail and had you appear before a magistrate for either a plea or immediate trial.
if you are pleading not guilty you wish to fight the ruling i just went through this last month and i made the mistake of pleaing no contest and was found guilty before i could say another word
If you show up in court on the date written on the ticket and the officer is not there to prosecute the ticket the judge SHOULD dismiss it. On the other hand, if YOU failed to show up on that date, you were probably found guilty in absentia. As for the other part of the question - it is unknown what you mean by ".. did not write what the ticket was for other than a citation."
As long as you give credit where it is due, you cannot be guilty of plagiarism.
Why would you not submit a declaration? Just say "I am not guilty." You're not saying you didn't do it...just that the State won't be able to prove you did it. I guess you might be able to request a trial by declaration and turn in a blank piece of paper. If the officer does not submit a declaration, you could probably win by lack of prosecution, but why not just plead not guilty in writing?
A criminal citation (much like a traffic ticket) requires that you respond to court to answer charges that you committed a low level criminal offense. You could be found not guilty, or be found guilty and fined or receive a minor jail term.
You don't...usually you have make an appearance in Court if you are attempting to plead not-guilty to a traffic violation. Once you plead not guilty then you will be scheduled for a trial. This will allow for you (defendant) to show proof the traffic citation was in error as a mistake of the issuing law enforcement officer. Be prepared to be cross examined by the Traffic Court judge, as it takes more time & energy to fight a citation than it does to pay the fine and/or traffic school. At least in California.
A probation officer does not. The Court or judge does.
It sounds from the question, as if the defendant was charged for TWO offenses. The one for which he was arrested, and the obstruction charge (when he apparently 'resisted' the arrest). . The question indicates that he was found not guilty of the original arrest charge, but WAS found guilty of obstructing the officer.
No police Officer has the power to make you pay a ticket before the court date. I happen to be a police Officer. When a Police Officer writes you a traffic citation he will give you a Court date that you are suppose to attend to prove your innocence. If you choose not to attend court you have the option to pay the fine. Paying the fine before your court date basically is saying that you are guilty. If the officer tells you to just pay the fine reason being is that he either has a weak case against you or he wont show up to court. Now for Example if you plea not guilty in court the Judge will give you another court date to attend in which the officer will be given a subpoena to testify against you. If the Officer does not show up in court the case will be dismissed.
What was the misdemeanor? Actually standing before a judge and pleading 'guilty' is not a necessity for a record. If you paid the fine you DID, in effect, plead guilty.