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  1. Arraignment and preliminary hearing have been held . Exactly what is it that the defense cannot do when the defendant is unable to assist.? For 12 hours the defendant barricaded himself after swat team showed up and 1 officer shot him 3 times . The arm the shoulder and the neck. It is only by a miracle he is alive . The police tried to kill him . The defendant is being charged with 2 counts of attempted homicide on an officer. We have yet to see evidence supporting these allegations. What does the defense need to do. ? Can the defendant remain forever in an institution. ?
  2. 1..I realize I am/was "over my head". It seems to me that was quite obvious to anyone reading my post. 2. If I had the money for an attorney, I would have gotten one. People without funds (money) are more apt to be taken advantage of by opposing attorneys. 3. Not only did I can some attorneys in various cities, I personally visited some law offices in Wichita and Salina. 4. I do not handle stress well. As you have read, I have difficulty organizing what I want to say. 5. I made a motion to admit a will and to contest the will. 6. I had a subpoena for the opposing attorney and subpoenas for numerous third parties who had business and medical records needed for a hearing for the judge to sign. 7. The judge, I assume, typed the order for a hearing. 8. I thought the day of the hearing was to discuss the subpoenas, etc, like a pre-trial conference. I only had two papers in my bag. All my exhibits were at home. 9. On three separate occassions during the hearing, I told the Court I was did not realize we would have the actual hearing today, and that I was not prepared. I had to remember from memory what I wanted to discuss/say. The Judge said the will would not be admitted, hence the Court did not have to deal with the subpoenas. 10. I started writing down notes as soon as I left the courtroom as to what was said and what occurred in court. 11. I filed a motion to rehear stating in detail why I should be given another hearing. It was in this document that I made mention of particular incidents which occurred in court. 12. The Judge said "no" to a rehearing. The Judge sounded angry. 13. I filed an appeal. 14. The hearing was audio recorded on a digital system. I requested a copy of the transcript from the court reporter. I paid for the transcript. 15. After reading the transcript several times, I realized parts were deleted or altered. I was very upset. I called Topeka to the Supreme Court stating what had transpired. They said I could file a complaint. I was hesitant about doing that. Within the week, I had the papers necessary to file a complaint. 16. According to the court reporter, each minute of recording is about one page of transcript. The recording was 55 minutes long. The transcript of the recording was 37 1/2 pages. 55 minus 38 is 17 minutes/pages of no transcript, no talking??? It is difficult to believe that almost 31 percent of the hearing was silence. That is almost one third! 17. When I requested a copy of the original recording in ditigal form (DVD/CD), The county district clerk, upon review by the Chief District Justice and Chief District Clerk said no. 18. The case is about the estate of my mother, of one of my siblings and their spouse controlling our mother, hiding her from other siblings even crossing state lines to do this, moving this 90+ year old woman 9 times in two and one half years as documented from bank statements, a sibling and spouse who have had financial problems, filing bankruptcy twice, isolated our mother. From March 2012 to December 2015, I did not get to talk to my mother or visit her, except less than a week before she died when she did not know me and I could only visit if my daughter took me. This is about major will changes differing greatly from her 2004 will when I was helping her. 18. I learned later the following The Judge became a judge about seven or eight years ago. The opposing attorney is a municipal judge in three communities in the same judicial district next to the county where the hearing was held. The attorney has been a municipal judge more than 20 years.
  3. Assuming you are talking about CA penal code 1368, what happens when a defendant is declared incompetent, they are sent to a state prison psychiatric facility for treatment to restore competency. The criminal proceedings are suspended until they are deemed competent. Speedy trial doesn't come into play until after the preliminary hearing and arraignment on the information. In a case involving a violent felony, they don't often go to trial quickly as there is a lot of investigation and preparation involved. The defense attorney will continue to work on the case while the defendant is incompetent but there's a lot they can't do when the defendant is unable to assist them....
  4. I would agree with this. Your posts are hard to follow but it is apparent that you have little understanding of how the courts operate or the procedures they follow. You made the motion at the hearing? And requested the judge sign subpoenas at the hearing? These things should have been filed in motions prior to the hearing. This allows the judge time to read over your motions and subpoenas and do any research that may be required to rule on them. Asking the judge to make a split second decision about them is improper. There are also time limits and constraints that usually govern the proper time frame to file a motion. Improperly filing a motion will almost certainly result in it being rejected. Why would you assume that and what bearing does that have on the case? The court has clerks and other staff that will be charged with keeping the courts schedule and mailing out subpoenas. They usually have a boiler plate form for the different hearings. You not realizing, being unprepared, or in over your head just points to the fact that you should seek legal aid. Its possible that you could have asked for a continuance at the hearing. Depending on how many other continuances have been granted and how you worded the motion you could have bought more time. Just saying to the judge that you are unprepared and didn't understand the purpose does not qualify as a request for continuance. See above about the will not being admitted. As already stated if you missed a deadline to file motions and subpoenas then there would be no reason to re hear the motions. There would be no motions to reconsider as no valid motions were filed. Often times when people who are unprepared and have no understanding of the court system come into the court and tell the judge he is wrong it can upset them. It is a very very bad idea to upset the judge. So what exactly is missing? Is it anything that will factually affect the case? From your initial post: Was the part that is missing you going on about "mumbo jumbo" and not about anything factual about the case? Where you discussing the will that the judge had already ruled could not be entered into evidence? Often times if your statements are incoherent or rambling about non nonsensical things they will not be included as they have no bearing on the case. Also if you discuss things that the judge has ruled will not be introduced into the trial it can be stricken from the record. This has been gone over already. You are in over your head. The court is not required or likely to try and decipher your statements. If you want a continuance, you have to specifically request it. If you want discovery, you have to specifically request it. You can not ask one thing and expect the court to magically know what you want, then file the proper motions for you. That's what attorneys are for. That is the problem with most people who represent themselves. A few hours/days of online research does not prepare you to handle a case of this caliber. Different hearings are set for different reasons. If you want certain things, such as subpoenas or discovery, you have to file them at the proper time. You go into the hearing with a pre conceived notion of what is going to happen, and it doesn't live up to it and you blame it all on the court being unfair. The best thing you can do is find some legal aid.
  5. Can a judge secretly alter/change a court audio recording? I was pro se. Since I had asked for some subpoenas of the opposing attorney and third parties, I thought the hearing was for that. Instead the judge held the hearing even though I said three different times I did not realize the hearing was that day. I was unprepared having none of my documents. As soon as I left the courtroom, I wrote down everything I could remember. The judge ruled against me. I asked for a Motion to Rehear and wrote why I felt there should be a rehearing. The judge turned the motion down. I filed an appeal with the court of appeals and requested and paid for the transcript from the court reporter. When I received the official written transcript, there were changes and deletions. The opposing attorney who is also a part-time judge in three towns in the same judicial district. As an officer of the court he has not come forward to tell the truth, neither has the judge. The judge stated in his/her comments near the end of the court hearing that I had used the phrase "mumbo jumbo", yet no where in the transcript it is where I am recorded as having said this which I did. In addition to be a 55 minute recording, each minute generally is one page of typing, there are 38 pages of typing or about 38 minutes of words. Seventeen (17) minutes of the hearing are not accounted for. Changes made to the recording were similar to what I had mentioned in the Motion to Rehear. I am interested in comments.
  6. Which hearing was recorded? There was an original hearing, for which you were not prepared and it resulted in your case being dismissed. Was that hearing the one you claim was recorded and altered. Then you moved for a rehearing and and were denied. Was that the hearing that was recorded? Your description is a little difficult to understand. In any event, the way things work is that the parties get to present their case. If they are not prepared and lose, they do not get to have another hearing for which they hope to be prepared. That being the case, If the altered record is the record of the motion to rehear, it is irrelevant.
  7. my son and go there every Saturday morning to watch kids while my son and his wife go pay bills and shop. As soon as the police officer seen me he said he was charging me also, I asked what for he told ne, I told him I was not there all night and had no clue what is going on, and started to say I do not live there only to have the police officer cut me off and he said he does not care he was charging me. Now of the 11th of this month I got to court and was offered this if I would plea guilty to a disorderly conduct charge, The police officer and DA would drop the endangering the welfare of a child and Conspiracy, when I asked what the Disorderly conduct was for, I was never told, I said I would not plea guilty to Disorder Conduct, went to a hearing in the hearing the judge dismissed all charges against me. my personal reputation has been destroyed, could of loss of loss my job as a school bus driver, it has cause great deal of stress on me and so I was wondering can I sue this police officer. This all happened in Pennsylvania
  8. I had visited a hearing aide store around the corner from my office and inquired the pricing of the hearing aides. I had stated that I had a set but had lost one. I let them know what insurance I had and they asked me to leave my name and phone number as well as a copy of my insurance card. they stated that they would contact the insurance company to find out what I would be elig for price wise. I received a call that same afternoon stating that my coverage was good and that I would have no out of pocket expense. and the person made me an appointment for me and my husband was to attend as well. I purchased a hearing aide in March 2019. when my husband and I were in the office the person who gave me the hearing test explained to me my hearing loss. and she explained to me which one would work best for my hearing loss. she was typing on the computer and was stating to me that I have very good insurance. I had also brought with me the one hearing aide that I had purchased a few years back as well as one that my mother had used prior to her death. she took both in for a trade in towards the purchase. she then went and got some paperwork from her printer and stated prior to giving it to me not to be surprised at the cost of the hearing aide. when I looked at the price I said is this a misprint. the total amount was 11,244.25. she had then stated that the insurance would cover all of this and what ever they didn't the trade in would cover. she also waived the shipping and handling charge she reported to me. I picked up the hearing aide in April 2019 the 15th it was my birthday. at that time she didn't report to me that I owed any amount or that I would owe an amount if the insurance didn't pay. she adjusted them and gave me the blue tooth devise and I went home. I was going through my mail this last week end and happened to see a letter from the hearing place. I opened it up and to my surprise it's a bill from them stating that the bill was over 90 days old. and the amount I owed them was 7243.48. I was in shock. I called and left a voicemail message and I wasn't to nice. I let them know that I would never have order anything of this price knowing that I would have to pay out of pocket this large amount. I called the hearing aide office on Monday morning a spoke with the front desk person who stated that she had received the message and that she wasn't here at that time and she would need to sit down with the person who did my hearing test and placed the order. she stated that most of the time if the insurance company doesn't pay then they appeal it. when I looked at the billing statement I noticed that the insurance company paid them on 05/03/19. if they received payment from the insurance then this balance would not be over 90 days. if they stated it was over 90 days from the date in which I received the hearing aide and not when the insurance paid them then they knew how much the insurance company was going to pay and how much I would be owing. I know that the insurance company would tell them how much they would cover since the last place I got my hearing aides from knew the amount and what I would have to pay and the end. when the front desk person called me back later in the afternoon yesterday after speaking with the person who gave me the test and ordered them stated that it's just like she thought that I would have to appeal the amount that when they called the insurance company they didn't tell them the amount that would be covered and they assumed that it was the same and the prior year coverage which was 90%. she stated that she would be happy to write the appeal for me that I needed to call and let her know. but if they don't pay then it would be my cost. this is not what was told at the time I signed the paper work. I can't afford to pay this amount. when I spoke with the front desk person the first time I had said that I was sorry for leaving such a bitchy voicemail but to get a bill like I did was a total shock. she stated at that time that she was used to it she stated that she has to make a lot of calls letting people know about the amount they owe. I let her know when I spoke with her the first time that I have all the equipment that came with the hearing aides and would be more than happy to bring everything back. she didn't want that. e I think this is insurance fraud or customer fraud, or misestimation what was to be paid by each party.
  9. Unfortunately for you, as well as many other pro se parties, the court is not required to "construe" anything for the benefit of one of the parties. In cases where both parties are pro se a judge may allow a little leeway - see for instance Judge Judy. But once one party has an attorney the rules are usually strictly applied. Judges will sometimes directly advise the pro se party they should really get an attorney. If you were an attorney practicing in the court in question you would no doubt know the purpose of the hearing and would know how and when to request a continuance. The court probably has rules about timing of discovery which may have make your subpoena-discovery requests invalid. You have not given us sufficient information to guess what happened. However, regarding the merits of your case, it seems you were trying to have a will written in 2004 by your mother found to be your mother's last will and testament. It appears a later will had already been probated and your sister had already been appointed executor. It is usually very, very difficult to contest a will that has already been proven to be the testatrix's last will and testament. Even a very experienced attorney would have a difficult time putting together such a case. It would require expert testimony as to the mental state of the testatrix, who would normally have to be identified before a hearing. The allegations you made about your sister having filed bankruptcy and move nine times are all irrelevant. Perhaps why the judge mentioned that your case was "mumbo jumbo". In other words, regardless whether the transcript and recording of the hearing are accurate, the probability of your winning at the end is pretty close to, if not exactly, zero. Get on with your life.
  10. 1. There was only one hearing. It was held on the same day as a lot of other cases were heard. This is the hearing which I say the court audio recording was altered/changed. This was not a case about a "discrepancy" in the transcript so the Judge has both parties come to an agreement about what was said. 2. There was no hearing for a rehearing. The Judge said no in her order. 3. The Court could have taken my three "not prepared, not ready" responses as requests for a continuance. Attorneys go into court hearings and request continuances a lot. 4. My subpoenas could be considered discovery even though I did not say "discovery". 5. I have official copies of all the district court papers. I want a digital copy (DVD or CD) of the original recording. It is a public record, it was recorded in open court, it is an official court document. 6. The opposing attorney wrote the last will for my mother. My sister became POA about 2013. The attorney nor sister would give the other siblings a copy of the POA. An attorney in the attorneys office sent a letter to the siblings saying the firm was representing my mother's estate. Later the opposing attorney admitted he was representing my sister. He did not say he was prepresenting her as executor of the the will. In later interactions with the attorney and his firm, the attorney stated he was representing my sister, then later said he was representing my sister and her spouse. The other siblings did not like this attorney and did not want him involved in any asset transactions. I believe that there is a definite conflict of interest for an attorney to be my mother's attorney, then represent a beneficiary when there is conflict in the estate. 7. The case is on appeal waiting on a decision. 8. I expected my case would be heard. When I say "heard", I mean that I would get to have my say, to present any evidence I had. I thought the judge would be objective and impartial. I have found I was sadly mistaken. 9. I am 72 years old, no legal experience/knowledge, have disabilities. Legal Aid and the Kansas ACLU would not/could not help.
  11. #1564447600 525th St.Rush City, MN 55069September 14, 2019Dear Professional:Hello. I have a serious legal case, and I am looking for someone who's interested in donating some of their time to prevent me from spending the rest of my life incarcerated for a false allegation.I am @ the tail end of a 24.5 year sentence. I was convicted of sexually assaulting my then six and seven year old son and stepdaughter, and given a double upward durational departure.To me, that was a gift for what I did. As an explaination, I went through some things as a youngster, and although I don't know all the "whys", I essentially reenacted (almost verbatim) what happened to me, upon them.I am currently in sex offender treatment here at the prison, and up until about a week ago, I was slated to be released on 02.03.20. I came back from breakfast one morning, and found in my mailbox a detainer from for two counts of third-degree CSM (C). It stems from an incident that occurred while I was @ a different prison.While there, I was housed in a cell with another person for two and half days where we indulged in consensual sex with each other without any duress. On the third day, that "celly" went out of the cell at the lunch switch-out, and made some allegations to the correctional staff that I had raped him.I was subsequently charged with the following intra-facility rule violations: (1) Disorderly Conduct; (2) Sexual Behavior; and (3) Sexual Abuse (a euphemism for rape).I asked to take a polygraph and failed it. I believe that the failure was based upon my intent to answer the questions in a particular way. I did not want to affirm that I had consensual relations because I was told that if a "sex offender"was being assessed for civil commitment, having sex in prison was considered "Sexually Acting Out", and that was a good way to get committed.Therefore, I did not want to answer that particular question, so I informed the prison staff that if they asked me whether I had "NON-consensual" sex, then I could answer. They agreed, and I failed the poly anyway.I don't know what happened for sure, but my explanation is that I think that I have a pretty sensitive conscience, and when at the outset of the test, I was asked whether I intended to tell the truth, my answer to the question violated my definition of truth, which is to tell the WHOLE story.So in essence, I think that my mind considered my "controlled" answering as a lie by omission. There might even be a thought in my mind that since having sex in the first place was my idea (meaning had I not brought it up, the other party would not have), there was an infringement upon my concept of consensual acts.@ any rate, I took the charges to an intra-facility hearing, where the standard of proof to convict is really low, and the conviction rate is extremely high, and I was found NOT GUILTY of the sexual abuse.Conversely, during the course of the prison's investigation, the so-called lead investigator mentioned sending his "findings" over to the county attorney's office for review etc.At a later point, I was informed by a high-ranking administrator @ another facility that he spoke to that lead investigator, and was informed that the results of his investigation were forwarded to the county, but that in his experience, he had sent stronger "cases" over to them, which weren't prosecuted.To follow through, I wrote the county, and respectfully made inquiry on what their intentions were, and very humbly informed them that I did not violate the law, but if they decided to pursue any charges, I would not plead to anything. It's about a year later now, and they've placed the detainer.I am perplexed at their decision to pursue charges. From a preliminary standpoint, as stated above, I was found not guilty by the prison's own trier-of-fact.In addition, the accuser was in the cell with me for 2.5 days before making a report; we were having cooperative sex the whole time.During those two days, he had many opportunities to tell me that he didn't want something, and/or to let others know that something was wrong. The reality that was present during the time of his making the report was the same reality available to him during those two days. It wasn't as if there was a "reduced rate" to make reports at the time that he did. This individual was out of the cell, far away from me multiple times throughout those 2.5 days.Further, there is an operable duress button in each cell that he could've pushed to gain the attention of the corrections' staff, or if he was concerned of me hurting him, he could've pushed the button while I was asleep, passed a "kite" through the door to the officer, or reported it to the many staff that were available at several locations while he had time out of the cell away from me. I've disclosed the just of it here, which brings me to the purpose of my letter posting. I do not have any monies to buy a good attorney, which due to my experiences within the CJS, is a major concern of mine. Rightly so, I think the fine folks over at the county think that I am vulnerable, but not to reality, although if I have to rely on a public defender, I stand a good chance of getting bounced around like a pinball.To conclude, I have spent the last two decades trying to fix and improve me. Not that this means too much to anyone else, but amongst other things, I am currently on my Capstone in obtaining my Bachelor's degree.I'm not the same person who committed those abhorrent crimes long ago, and I have had tried to prepare myself to live the latter part of my life with honor and virtue.Now, @ the eleventh hour, it appears as if I am being confronted with the ghost of my indulgences. This wouldn't be an issue if I had just abstained altogether, but I did not commit any crime even in the face of the statute's subjective definition. I asked this person several times, to the point of seemingly being an annoyance, if he was okay with what we did, or planned to do; he told me unequivocally that he had no problem telling people "no", and actually thanked me for a good time.In addition, the person in question went so far as to direct me on what he wanted, and didn't want, as he pleasured himself during related cooperative acts.I am writing to ask if you're able and willing to look into his matter to verify my claims, and possibly protect my opportunity @ a second chance at life. I am willing to take another polygraph.I thank you in advance for your reading and subsequent consideration of this lengthy communication--I do appreciate it. You can reach me at the address above, or via my Son with a text @ 218-839-6608.With hope, I am-J.Murdent.
  12. Additionally, it's not clear what you thought you could subpoena from opposing counsel. If they have stuff you are entitled to see, you request discovery. If you want bank records, you get a subpoena duces tecum and serve it on the bank for those records. They are then sent to the court where you can obtain them for the purpose making copies. The original records subpoenaed stay with the court and that way they would be admissible at a hearing. Generally, there aren't "hearings" about subpoenas until after they are issued and served. If the party served with the subpoena objects, then there would be a hearing on their objection. You really way out of your league.
  13. I've done quite a bit of research and need to do this myself as I can't afford a lawyer. I've tried to not include a lot of unneeded info and get to pertinent questions. I stupidly signed an AZ Acknowledgement of Paternity many months ago. At the time I thought (hoped) I was the father and wanted to be either way. Relationship way over now. A DNA test showed I am not the biological father. Baby is 1 year old living with mother in Maricopa County. I am in military far away about to be stationed very far away. The mother also wants me off the birth certificate and has not filed any custody / support requests as she doesn't want me acknowledged (further) as the father. She agreed to let her parents adopt but after I sent notarized permission for that she changed her mind. I'm hoping I can file a "Parent's Agreement to be Bound by Genetic Test Results" in Maricopa County (CSE-1284A FORFF (2-18)).My questions;1. Can I file this Parent's Agreement...... if there is no pending petition for decision making etc? The first line asks for a IV-D ATLAS NO.___.2. If not, do you advise that I should file a petition (ie. DRP11f - 010119) and check the box 'Vital Records'? If so, do I include the Parents Agreement.... or wait and submit that later?3. I am in the military (tech training) and can't imagine a way I can get to Phoenix for a weekday court appearance. How do I handle that?....with the court / with my command is out. I read on Legal Beagle about "How to Relinquish Parental Rights in Maricopa County, AZ". It sets out a way to file a petition with the juvenile court - however, it also says that the court must find that severing the parent-child relationship is in the best interest of the child. I have talked (email) to a couple attorneys that say that the state has an interest in children having 2 parent so a judge may not allow that even knowing I am not biological father, especially given military benefits. This is different from what I have read about the Parent's Agreement.....which seems to indicate that the law says if I turn out not to be the biological father I must be removed from the birth certificate.4. Should I file this petition (per above) with the Juvenile Court and include the Parent's Agreement......?5. Her parents want to adopt. Can her father adopt my position without the mother's approval and the mother remain?6. Any other recommendations greatly appreciated.Thanks
  14. The police do not determine liability. A police officer prepares a report based on the statements of the individuals on the scene and on a usually cursory examination of the crash. The purpose of the report is to document the crash, not determine who was at fault. Although the officer may issue a citation to one or more drivers that is not a determination of liability. In fact, in crash cases, the officer,s report is inadmissible as evidence since it is hearsay. He or she was (usually) not present and did not see the crash and prepares the report according to what he or she is told. In many, if not most, cases the ticket can be contested since the officer cannot testify as to any of the elements of the ticket. The ticket only sticks if a witness appears at the hearing.
  15. My husband plead guilty to two separate charges. One charge was criminal domestic violence in the first degree, which he was sentenced to five years suspended to 18 months of home detention, and the second charge of domestic violence in the second degree, he was sentenced to three years suspended to 18 months of home detention with one year of probation, as well as no contact with me, the victim, unless it involved our two children. And the sentences were ran concurrent. After getting him out on home detention, 5 days later he was arrested on a violation of the home detention, for going to the store too many times. When he goes back in front of a judge will they give him the original sentence before the sentence was suspended, which was five years for one charge and three years for the other charge, or will he most likely just have to go to prison for the 18 months that he was given for the home detention?
  16. It's a matter of terminology. I am accustomed to "Juvenile and Domestic Relations Court" handling custody, support and paternity matters and misspoke. I see Oregon has separate Juvenile and Family Courts. I should have looked first.
  17. So you acknowledge that the judge did not personally type the order for the hearing, or the transcripts, or anything else?
  18. Where a defendant is tried for an adult offense — a crime — he or she is guaranteed the right to a jury by the federal constitution. So unless this is a very minor offense (one that equates to what the Supreme Court refers to as a petty offense) the defendant has that right to jury trial, regardless of the age of the victim. Do you disagree with that? As to Pennsylvania specifically, the scope of Juvenile Court proceedings is set out in 42 Pa Cons. Stat. § 6303, which states the following: Nothing there indicates an adult charged with a crime where a juvenile was involved gets tried in Juvenile Court. Do you have something that says they are tried in that court in Pennsylvania?
  19. I was arrested at a bar in 2017, had given my car keys to someone I thought would be responsible and they ended up crashing my car and blaming it on me. Well thankfully to some eyewitnesses I was acquitted in criminal court. 2019 I find out the DMV had revoked my license. Now I did check on this through my local law enforcement. I surrendered my license and they gave it back and said everything is fine with it. Now the DMV is resetting the revocation period to start this year because I challenged the validity of the initial arrest. I did hire a lawyer who in addition was horrible at communicating charged me 150 bucks for a letter I drafted and sent to request the DMV hearing before I ever hired him. He didn't submit evidence I brought with me to the DMV hearing and from everything I've been researching I'm pretty much screwed now on being able to correct the record. I don't have enough to take it to appeals and even if I did it seems like it would be frivolous with the way the law is written in Colorado. Which would lead to even more costs in court. Is there anything I can do any rules, statues, case laws from having a hearing almost a year after the revocation period was over and having to wait another year before I can get my license or some belief that law enforcement would happen to tell the truth every once in awhile? Oh I finally got the discovery from requesting it for two years before my trial, its nothing as the officers described it to me, I wasn't involved with the accident so I had no clue but the reports are all over the place from hitting a parked car, hitting an occupied car, from statements the police made of why they had reasonable suspicion or probable cause changing greatly with every officer. It all comes down to an "ex" who told the police it was me, gave them my car keys, told them which bar to find me at, then police lies saying I admitted to it and it's even on the body worn cam the sole thing they said that linked me to the crime was given to me on their own cameras by the sole witness after I was in handcuffs! If anyone has any advice other than to hire a lawyer which I've talked to it would be another 10 thousand I don't have to the lawyers opinion of it would have a very low rate of success. I'll take any advice I can get, but preparing to move on while resenting the police for the rest of my life.
  20. An arrest only requires probable cause to believe the person being arrested committed some offense. A prosecutor has to convince a jury the defendant is guilty beyond a reasonable doubt, a much higher standard. So the prosecutor might decline to file charges if he or she believes the evidence is not yet strong enough for it. It might also take some time to get the charges filed, especially if an indictment is required. In short, the arrest can still be good even if no charges are ever filed. You cannot sue over the bond money. As long as he makes all his required court appearances you'll get that back (less any fee for the bondsperson). Your financé can see a civil rights litigation attorney to find out if he has any case for civil rights violations if no charges are filed by the next court date. The state has until the statute of limitations expires to charge him, so if the bail is exonerated at the next court hearing, you'll get the bond back but that does not mean he's out of danger from being charged and prosecuted for the offense.
  21. I am helping a lady in Hollister, Ca. Her dog was with a dog sitter and the dog bit a child, when the child kicked at the dog while riding by on a scooter. The dog has no priors, the Hollister ordinances are so gray, they can literally impound a dog for chasing a cat with intent to injure it. The lady can not get an attorney to help her. The case has had one hearing in dog court and is set to be heard in the superior court. Questions are, will she need to subpoena her witnesses prior to the hearing date, or can they just show up and testify? Doesn't she have a right to get the discovery? How does she do this? The city attorney will not return calls. Will an email or certified letter get these documents? Maybe some suggestions on who to contact for a case like this in San Benito county? (All referral lines have been called, I even reached out to the American Bar for numbers) The shelter that has the dog is starving him, we have intake photos and recent photos, dog needs medical care for an open sore on his paw from stress licking. The dog owner has provided dog food and is giving the dog antibiotics. She visits him every day during lunch and after work. Any help or assistance or references would be very much appreciated. Thanks
  22. For the record, the delay can be a sua sponte action, here's a quotation; Practice Notes to Rule 35 HEARING OR REHEARING EN BANC. The court may sua sponte order that an appeal be initially heard or be reheard en banc. The panel or a judge on the panel that is considering a case may at any time request the active judges of the court to hear or rehear the case en banc with or without further briefs or argument by counsel. Quite a few circuits have this in the practice notes, I am not saying that's what's happening in my case at all, but this practice does not slam the door shut to the possibility since it the practice notes. Again I don't believe that's happening here. Thanks
  23. "They"? A company is an it, and yes, it can sue you. Anyone can sue anyone for anything. I'm curious, though, how you know that your "tax reduction company" wants to sue you. Did he/she tell you anything beyond, "we want to sue you"? Specifically, did this person tell you anything about any actual damage that the company suffered as a result of your alleged defamation? Did this person explain how he/she thought suing for "libel and slander" could be possible based on a written statement? What is the business entity form of the company (i.e., is it a corporation or an LLC or something else)? If the company is an artificial entity such as a corporation or LLC, does your unidentified state's laws allow such entities to bring defamation suits? The of this almost certainly is that the person who told you that the company "wants to sue" is just butthurt. There's virtually no way that the company suffered any damage as a result of your juvenile comment, and it's virtually certain that any court would rule that your comments were not actionable statements of fact but, rather, were non-actionable statements of opinion.
  24. State of South Carolina, we have been to court two separate times, first time the neighbors lawyer added that his client could encroach onto my property and that was never said in the Court Hearing, but Judge signed the order, I guess without even reading it, as their were several items in the court order that were never said in the Hearing. We went back to court, and instead of canceling the hearing, the Judge proceeded, even though I was told I was not answering his questions or talking coherently, and as it turns out, I was going into a diabetic shock. But, anyway, I get a copy of the court of Order from the 2nd hearing and the Judge signs it once again without reading it and stating he can come onto my property and cut down my last tree and flowers that the Plaintiff had already destroyed 6 of my trees and several Rose Bushes and flowers, as they are in his way while he builds his fence. What ARE MY RIGHTS?
  25. the opposing party filed a motion hearing regarding a motion to tax costs on my filing of a memorandum of costs. The judge recused himself and the hearing date was vacated. I was told by the court that I needed to refile my cost memorandum with the name of the new judge, which I did. But the opposing party did not respond or refile the motion to tax costs or reschedule a hearing till after the judge signed a judgment in my favor, 45 days after the hearing date was vacated. A new hearing date was scheduled 22 days later. Now the judge has reduced the judgment after the opposing party filed late. Was the court wrong in telling me that I had to refile my memorandum of cost? Should the original memorandum of cost and motion to tax be carried over to the new court? How long should the opposing party be allowed to wait, before rescheduling the motion hearing? It seems like had I not refiled my memorandum of cost, the opposing party could have delayed filing indefinitely and the memorandum of cost would have never been considered. Thank you.
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