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2. If you know the name of the alleged violator,
you can go to the magistrate's office in
the jurisdiction where the offense occurred
and swear out a warrant for his or her's
arrest. You will need to testify under oath
that you observed the person litter.
3. If you do not have the alleged violator's
name and address, you will need to contact
the police in the county, city, or town
where the violation took place. If the violation
occurred on a state highway, contact the
state police. Give the police the information
you have gathered. At this point, it is
up to the police to investigate the incident.
You should also give the police your name,
address, and phone number so that you can
be contacted and subpoenaed to court to
testify against the alleged violator.
4. Next, wait for the a summons to appear
in court. Be sure to appear on time in court
on the date written on the summons.
5. On the court date, when the case is called,
tell the judge exactly what you observed.
Be sure to mention the exact time, date,
and location of the offense. Also, identify
the alleged violator standing in the courtroom.
The judge will hear all the evidence and
then decide guilt or innocence, and punishment.
DISCLAIMER: David A.
Cardon is an attorney at the Virginia Beach
office of Cardon and Goodman, P.C. who concentrates
his legal practice in traffic, criminal,
and personal injury law. Mr. Cardon provides
the materials contained above as a public
service and on an informational basis only.
These materials are not intended to be a
comprehensive statement of Virginia law,
and are not intended to convey legal advice.
If you have a legal problem, you should
consult with an attorney in your area who
can investigate the particular circumstances
of your situation. You can contact David
Cardon, Esquire at (757) 306-9060 or dcardon@cglawfirm.net.
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