legalfiction677

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legalfiction677 last won the day on November 6

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About legalfiction677

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  1. LOL: Hey there,don't let nobody on here or anywhere ruin your day.As you see,there are people here willing to help,no insult you. Btw...I'm laughing because,your just one more witness,speaking the "TRUTH."
  2. So,from what you say here,apparently,the evidence was not sufficient to support the more serious felony charges,that being the case,I don't see the prosecution trying to bring back those charges.The prosecution,simply went with the evidence presented to them,and made their charging decision based on that. Possibly dropped,if not reduced to say,"Trespassing," or something similar.All of this,of course,at the prosecution discretion. In the event the "Aggravated Burglary," is not dropped,you still have a Constitutional Right,to present witnesses to testify on your behalf,as well as confront witnesses,who are testifying against you.
  3. I suppose any evidence if mishandled,or contaminated could become unreliable,where as if it had be preserved properly,would be reliable.I'm not a Forensic Scientist,so that beyond the scope of my expertise.I do know that "Chain of Command" procedures with evidence are extremely important to follow,and failure to follow them,can cause a guilty defendant to go free. I just know many innocent people have been freed that had been in prison for years as a result of DNA testing,proving they had not committed the crime,and I guess you remember the "Wayne Williams," case here in Georgia,that caught national attention back in the 70's.It was unique fibers from a carpet he had in his apartment,found on some of the children he killed that won the prosecution his conviction,other things to,but that was their main piece of evidence.As,you probably know,there were no more killings of children fitting his MO,after he was arrested. I personally am for having as much evidence as possible.Evidence that is reliable,and other evidence that supports it's reliability,to mount the strongest case possible against a criminal defendant.
  4. Oh,I don't doubt that at all.I was referring to all the good credible convincing Science that most convictions are obtained by such as DNA,fibers,ballistics,fingerprints,toxicology,and the like. Now I suspect,more witness misidentification has put more people behind bars that just about anything else.
  5. Yeah,and it also places on Law Enforcement the grave responsibility that they have to investigate and firmly establish whether or not a crime has been committed,irrespective of the criminal suspect.In the event they determine the cause is something other than a 'criminal act,"the investigation ends,and their can be no criminal prosecution. On the other hand,if it is determined a crime was committed,than the investigation,goes on to determine who is responsible for committing the crime. The good thing is,with the advancement of technology,and top notch Forensics,determining a crime is a breeze,it's that "who done it" part,that can take a while longer.
  6. Look,forget about "Corpus deliecti." It involves proven that a crime was committed,irrespective of who committed it, which follows after,if indeed,it is determined that a crime,in fact was committed. As far as what the prosecution can prove,what other evidence the police have,that we,perhaps you to,do not know,or weather your case will be dismissed,will depend on all the facts presented at your trial,or Court Hearing,before trial.. Now based on what you told us,It would appear you have a good chance of the charges being dismissed,but here again,if you answered "a lot of question,"and made some incriminating statements,you may have given the police,just enough evidence coupled with the BAC level in your system to seal a conviction.I'm sure you know,you have a right to legal representation,if you cannot afford to hire your own Attorney,but be sure to explain "everything,"that happened to your Lawyer,and don't leave anything out. I hope you have a good day Sir:
  7. If I understand you correctly,you are telling me that your drinking started only after,you got a ride home,so because you weren't driving,but at home,How can that be proof you were DUI? Now to answer that,usually that's not the way someone get's charged with DUI,but in your case,I would say,if they were able to determine by you BAC level,against the time that has passed when you left your vehicle,and when you say,you started drinking,they may have fairly estimated,that you had already been drinking and were lying to them about,drinking only after you got home. You stated also that the Officer ask you a lot of questions,so,perhaps what you told them,gave them additional evidence to rely on along with the Breathalyzer Test.Normally,it does take about an hour after your first drink for your BAC level to drop. So,Do you remember What your BAC was when they tested you,and did they also do a urine or blood test??
  8. The term,"Corpus dilecti," refers to,"the body of the crime," not a "crime victim," as a lot of people get it the legal meaning confused.But let's keep things simple here.All we need to know is what happened that you were charged with DUI,so give us the facts of the case,and we can determine the sufficiency of the evidence to conclude if the case should be dismissed,or proceed to trial.
  9. This is very practical in nature,but very important.Awareness of your surroundings.to many people get caught off guard opening themselves open to robbery,rape,and assaults.When you are out in public,whether on business or pleasure,you should take note of who is around you,and try and stay in "public view" as much as possible.This goes a long way in protecting yourself from becoming a victim of crime.
  10. You do not know what his intentions are,it could even be something sexual in nature.Probably the best thing for you to do,is file a police report,and also report the messages you've received to the Casino.Really though,since nothing has happened beyond those txts you received,the Police is not going to give you 24 hour protection,nor should you expect it,but reporting it may still be a good idea in case he attempts to do anything else.
  11. If they haven't in fact,changed their mind,and brought the felonies back,is there some reason why you think their going to do that? Was these three felonies dropped to misdemeanors as part of a plea agreement?
  12. Ok,Thanks for clarifying those points.Now based on what you described here,right now,your just really caught in a jam with a lying vindictive woman,who seems to have an ax to grind with you,for reasons that aren't apparently clear to any of us on here,and trust me,I don't want to know either,what you think is going through her mind. In any case,right now the "cards" are stacked against you,all in her favor,and you need to do whatever it takes to avoid going to jail for violating that restraining order. If she is the one following you around,and then lying to police that it's you following her,when you see her,wherever it might be,you need to call the police on her,and make a report,that she's following you in an attempt to get you violated on the TRO,and your trying to comply with the order,and avoid her,but she keeps trying to get you "jammed" up. Also,as much as possible,try to be with someone who can "alibi" you,in case she claims you were somewhere you wasn't,and start keeping a journal, with numbered pages,to document your daily activities. You are in a very tight situation right now,and you need to start thinking creatively in how best to protect yourself(legally)
  13. So who is the abuse against,your wife or your child? Does your pending criminal trial,which you state further down for "assault,"related to the later restraining order? In asking you these important questions,just want to have a better understanding of if/how everything here is connected.As far as your wife's alleged perjury goes,it is usually best to point out with evidence,any false statement a witness makes,while they are on the stand.It is at that point,that perjury is best proved,it's also the best time to prove it,and have such false testimony impeached. Another thing,the perjury needs to be related to a "material fact,"such as the allegation itself,that you were following her,hanging outside her house,etc.
  14. The OP,doesn't state the full cost of damages,but does say,he gave the county "estimates" of the cost for the doors,and a receipt for the Tent that was slashed.I've never had such a situation for damges for these things,but I would imagine,the door replacements,cost of labor,and the purchase of a new Tent is probably still well worth pursuing the action against the county.
  15. Oh,don't get me wrong,it's not like I've never heard of this kind of disregard for Supreme Court president,it's just that when you brought up,you didn't "voice," any personal opinion of your own about what you think of CA,engaging in this kind of behavior,so,I wasn't going to make any comment on that either. What I am aware of with regards to lower courts disregarding Supreme Court decisions,is that if the lower Appeal's Court disagrees with a Supreme Court decision,they will try and circumvent it by distinguishing their case from a S.CT president,claiming the facts are different,and so do not apply in the present case.Is this what you are referring to or something else?