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simple question for lawyers- help appreciated

jacy85

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Re: simple question for lawyers- help appreciated
« Reply #30 on: August 29, 2005, 02:14:28 PM »
Here's another thing to ponder...

If this is just a trumped up charge by a pissed off police officer, then why not face it in court?  Even if you have to demand a jury trial, you should have no problems.  If the facts of the night support this, it should turn out in your favor.

If, however, the prosecutor, the judge, and a jury end up agreeing that you have some jail time comign to you, then you're really just being a whiny b*tch who's too scared to own up to his actions.

Trying to say that people who do so or suggest doing so are "products of the system" is a nice way to try to deflect attention from what's really going on.

Re: simple question for lawyers- help appreciated
« Reply #31 on: August 29, 2005, 02:38:44 PM »
one other thing is that even if it goes to a jury trial, the jury doesn't get to decide on the sentence. for some reason, the judge will get to decide on the sentence, and he will give the same sentence as the first judge if i am convicted. my lawyer said the only thing that can really screw me on the resisting arrest is if the cop has a vendetta against me, since both the prosecutor and judge are likely to go along with the cop on sentencing recommendation.

so, while the jury may find me guilty of resisting arrest (which itself is debateable) they wouldn't get to choose if i would be forced to go to jail or not.

they can try to screw me over. the question is whether they are going to try to screw me over.

the other thing is, even if i skip my trial, and then i am arrested, i would still have the chance to convince the jury that i am not guilty.

it is really unfathomable to me that they are actually going to press for jail time in this case, but the hypothetical is that if they do try to force me to go to jail for this, then i will likely do what i can to skip out of it.

i'm only raising the hypothetical because the very first thing that was sent to me mentioned that the 3 months would be the recommendation if i was convicted. it even said that the recommendation may change based on new evidence, and that was before i had my lawyer. i am simply startled that they would even write down such a ridiculous recommendation in the first place, which has drawn my ire, and until it is settled, i am going to be annoyed that anyone could try to say that the sentence should be as harsh as the initial recommendation from the prosecutor.

Re: simple question for lawyers- help appreciated
« Reply #32 on: August 29, 2005, 02:44:41 PM »
oh and don't forget that prosecutors aren't in the business to proceed to trial if they don't in most cases have a rock solid case, considering the conviction rate for most felonies is what, around 3 to 1, don't know the exact numbers for misdemeanors but it is probably at least that if not higher.  Jacy, it's always easier to blame someone else for your fuckups than to take responsiblity for your own actions, and I'm pretty sure that this little jackass hoesn't know the meaning of responsibility.  If being a product of the system means having a respect for the rule of law and other people, well by god I guess I am, but then again I believe the people with his view of the world are in a minority or this would be a nation of anarchy. 

Re: simple question for lawyers- help appreciated
« Reply #33 on: August 29, 2005, 02:54:54 PM »
oh and one more thing to think about:

section 242.8 of the model penal code:
A person set at liberty by court order, with or without bail, upon condition that he will subsequesntly appear at a specified time and place, commits a misdemeanor if, without lawful excuse, he fails to appear at the time and place.  The offense constitutes a felony of the third degree where the required appearance was to answer to a charge of felony, or for disposition of any such charge.....

So if you do get caught, on top of the jail time you were facing, you'll probably be facing even more jail time, so if it's worth it smart guy, go for it. 

Re: simple question for lawyers- help appreciated
« Reply #34 on: August 29, 2005, 02:58:33 PM »
okay, so as long as you are saying that you are a product of the system, we may agree on one thing anyway. my thought was that the prosecutor would not want to take such a minor case to trial anyway, because it would take up so much time for such minor charges, and so i am hopeful on that fact alone that he is going to want to settle for probably a year probation, which is going to suck, but i would accept it. my hope is that i will just get a suspended sentence and no probation, but since i do have 2 other misdemeanor convictions on my record (no felonies) i bet he is going to insist on recommending probation. there is also some crap placed on file without a finding.

this has also been dragging out, so it is possible that i get more and more annoyed not knowing what i am going to have to do every day. going out of state is mostly just an assurance to myself that i am not going to have to go to jail for this crap. jail is f-ing *&^%, and i have had to spend 3 weeks in jail while i was in between states, just on technicalities, not on any finding of guilt. i remember how bad that was, and i am not going to go sit in jail for another month or 3 months right now for this stupid *&^%. maybe in a couple of years, i would be prepared if i had to go to jail again for a little bit, but right now, i'm going to say @#!* it, if i have to go to jail, and get the @#!* out of this bad state.

Re: simple question for lawyers- help appreciated
« Reply #35 on: August 29, 2005, 03:04:52 PM »
ya i know it is a misdemeanor if i miss trial, but one more misdemeanor probably won't change the outcome very much, especially if there is a little bit of time from when it happened. i dont know maybe i would get an extra month in the end or something, but if i got arrested then, i would get a good lawyer, and make sure that i wasn't being represented by a public defender. since it is a minor case, i just took the public defender, but she is not all that bright i am afraid. what i am going to do if she can't work out a deal with the prosecutor to avoid jail time, is i am going to hire a real lawyer, and figure out exactly what he thinks i should do.

Re: simple question for lawyers- help appreciated
« Reply #36 on: August 29, 2005, 03:05:14 PM »
maybe if you were more "a product of the system"  you wouldn't have two misdemeanors and be facing jail time now huh?  Maybe it's time for a life reevaluation at this point.

Re: simple question for lawyers- help appreciated
« Reply #37 on: August 29, 2005, 03:14:40 PM »
i mean, i'm not going to feel guilt for any charges i have on my record. i don't care about them. i don't agree that i should have been guilty of anything, but i was guilty of some charges based on the law. i don't agree with a lot of what is in law, and i'm not going to agree with it any time soon, and i'm not going to go out and try to change it. the system is a very restrictive system, and many people just say, oh we are americans, so we have to go along with the system. i say that we don't have to go along with it. i believe people should be more aware that the people who enforce the laws are not the supreme rulers of the universe, they are simply a few human beings who have put their nose to the grind, and acquired power in very bland ways. these people abuse their power simply because they feel they have worked hard to acheive their status as someone who will determine if someone should go to jail for swearing at a police officer and squirming while he is in hand cuffs. it is sad that people try to say face up to justice for swearing, or something like swearing. they will trump up your charges if they feel u are rude to them, and that is not justice on any scale.

lipper

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Re: simple question for lawyers- help appreciated
« Reply #38 on: August 29, 2005, 03:18:58 PM »
dude - u are being a baby. your horrible attempt to rationalize your arrests is evidence of this. I hope you get your 3 months.

Re: simple question for lawyers- help appreciated
« Reply #39 on: August 29, 2005, 03:27:45 PM »
lol. i will tell you i personally don't care about any arrest i have ever had. i understand that some people ie a lot of you are going to say that if you get arrested, you should feel bad about it, and try to do your bit for society to make up for it. i personally know i am justified in my actions, and i don't care if anyone agrees or not. i don't care about you guys. it's for your own good to try to understand that human beings do not have to be completely subserviant.