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Author Topic: I Need Your Help - Before a Judge  (Read 5052 times)

Miss P

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Re: I Need Your Help - Before a Judge
« Reply #10 on: March 16, 2009, 09:57:00 PM »
thanks thus far, this might sound odd, but what should i wear?  a polo collared t shirt is fine, or? 

Wear whatever -- just look neat and respectful.  No hat, for instance.
That's cool how you referenced a case.

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I'm so far from the end of my tether right now that I reckon I could knit myself some socks with the slack.

Pardon Johnny Cash.

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Re: I Need Your Help - Before a Judge
« Reply #11 on: March 16, 2009, 10:02:26 PM »
I agree with Miss P.  Anything that says "I have respect for the court", but you don't need to do anything drastic.

LawDog3

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Re: I Need Your Help - Before a Judge
« Reply #12 on: March 16, 2009, 10:36:49 PM »
so I got a bill by the cops for using my cell in my car when the new law went in place, and you're not supposed to do that. actually i was listening to a voicemail and then quickly put it away, but the cop saw me with it in my hands, so i got a fine of $130.00. tomorrow i am going to see if i can contest it before the judge and see if it is possible to waive this bill or at least a mitigated fine. what should i say to him? what would be convincing? I really need your help as this fee is big because I am unemployed due to the economy and I remember once reading on television that your first time using your cell in a car will be a fee of around $40.

I need your input.  Any chances with this?

additional:  the due date for the payment is in 2 days March 18, the cop who gave me the citation doesn't know when i'm arriving as the clerk told me just show up on or before the due date (no notice needed).

Did you notify the court in writing that you'd either a) contest the citation or b) like a hearing to explain the circumstances?

Look at the language in your state's vehicular cell-phone use law. Chances are that you could at least get it reduced by showing up to explain to the judge that u didn't know u couldn't check VM. The language of many state laws says "speaking"/"talking" on the cell phone w.o an earpiece while driving, while others prohibit "using" a cell-phone w/o an earpiece.

Listening to VM doesn not constitute "talking" on the phone. You might try that defense, but I'd be sure of the language first. It's highly technical, and even if it isn't baseless, judges aren't kind with semantics unless there's more at stake than a small fine. Ironically, they tend to care more about language in a murder case, b/c a person's freedom/life is on the line, so they tend to dot every "I" and cross every "T".

Show up, play dumb and try to get it reduced. Then pay it and be done.

Pardon Johnny Cash.

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Re: I Need Your Help - Before a Judge
« Reply #13 on: March 16, 2009, 10:42:25 PM »
so I got a bill by the cops for using my cell in my car when the new law went in place, and you're not supposed to do that. actually i was listening to a voicemail and then quickly put it away, but the cop saw me with it in my hands, so i got a fine of $130.00. tomorrow i am going to see if i can contest it before the judge and see if it is possible to waive this bill or at least a mitigated fine. what should i say to him? what would be convincing? I really need your help as this fee is big because I am unemployed due to the economy and I remember once reading on television that your first time using your cell in a car will be a fee of around $40.

I need your input.  Any chances with this?

additional:  the due date for the payment is in 2 days March 18, the cop who gave me the citation doesn't know when i'm arriving as the clerk told me just show up on or before the due date (no notice needed).

Did you notify the court in writing that you'd either a) contest the citation or b) like a hearing to explain the circumstances?

Look at the language in your state's vehicular cell-phone use law. Chances are that you could at least get it reduced by showing up to explain to the judge that u didn't know u couldn't check VM. The language of many state laws says "speaking"/"talking" on the cell phone w.o an earpiece while driving, while others prohibit "using" a cell-phone w/o an earpiece.

Listening to VM doesn not constitute "talking" on the phone. You might try that defense, but I'd be sure of the language first. It's highly technical, and even if it isn't baseless, judges aren't kind with semantics unless there's more at stake than a small fine. Ironically, they tend to care more about language in a murder case, b/c a person's freedom/life is on the line, so they tend to dot every "I" and cross every "T".

Show up, play dumb and try to get it reduced. Then pay it and be done.

Did you read Mugatu's advice about potentially being unable to pass... Oh never mind.  Continue on   :P

Jamie Stringer

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Re: I Need Your Help - Before a Judge
« Reply #14 on: March 16, 2009, 10:44:56 PM »
PJC, you beat me to the punch ;D
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LawDog3

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Re: I Need Your Help - Before a Judge
« Reply #15 on: March 17, 2009, 01:55:21 AM »
so I got a bill by the cops for using my cell in my car when the new law went in place, and you're not supposed to do that. actually i was listening to a voicemail and then quickly put it away, but the cop saw me with it in my hands, so i got a fine of $130.00. tomorrow i am going to see if i can contest it before the judge and see if it is possible to waive this bill or at least a mitigated fine. what should i say to him? what would be convincing? I really need your help as this fee is big because I am unemployed due to the economy and I remember once reading on television that your first time using your cell in a car will be a fee of around $40.

I need your input.  Any chances with this?

additional:  the due date for the payment is in 2 days March 18, the cop who gave me the citation doesn't know when i'm arriving as the clerk told me just show up on or before the due date (no notice needed).

Did you notify the court in writing that you'd either a) contest the citation or b) like a hearing to explain the circumstances?

Look at the language in your state's vehicular cell-phone use law. Chances are that you could at least get it reduced by showing up to explain to the judge that u didn't know u couldn't check VM. The language of many state laws says "speaking"/"talking" on the cell phone w.o an earpiece while driving, while others prohibit "using" a cell-phone w/o an earpiece.

Listening to VM doesn not constitute "talking" on the phone. You might try that defense, but I'd be sure of the language first. It's highly technical, and even if it isn't baseless, judges aren't kind with semantics unless there's more at stake than a small fine. Ironically, they tend to care more about language in a murder case, b/c a person's freedom/life is on the line, so they tend to dot every "I" and cross every "T".

Show up, play dumb and try to get it reduced. Then pay it and be done.

Did you read Mugatu's advice about potentially being unable to pass... Oh never mind.  Continue on   :P

This does not constitute "giving out legal advice" or "practicing law without a license", b/c the OP knows we are not lawyers and knows that any advice we give is to be taken with a grain of salt. OP also knows that we have not intended to lead him, in the course of any duty, to follow our advice as patently "legal", as would possibly be the case at a clerk's office. We are not in any way agents or administrators whose actions and advice could reasonably be taken as legal. We have not represented the OP in any proceeding or hearing, administrative or otherwise, nor have we submitted brief's, legal memoranda or other official documents that would establish a binding relationship for service between the OP and any of us. We have not guaranteed or promised, implicitly or explicitly, through our actions or advice, that any of or advice is legally spound. There...now we have a disclaimer! And, the OP does not know any of our identities, nor could anyone prove our identities.

The "reasonable person standard" applies here.

What reasonmable "FOOL" goes online asking for legal advice, from strangers he has little or no reason to believe are qualified to advise him, and takes it as gospel? And what reasonable "FOOL" believes that giving suggestions under an assumed, and, for all intents and purposes, anonymous, identity, would conbstitute "practicing law" without a license, esp. when that given advice applies to a hypothetical situation that the "advisor-fool" doesn't even have reason to believe is real? Anyone who believes they are giving legal advice here or that any legal advice has been given is a fool.

There's no contract (expressed or implied) between OP and anyone else here. There are five elements to a "breach of contract" action.

Offer
Acceptance
Consideration
Breach
Damages

There's no "offer" of service from the other posters. OP solicited some advice, and there was some given. He was not told to follow it. This forum is like a classroom situation. If a type of case is discussed in a classroom, and a student happens to be going through an analogous case at the time, and students proffer what they would have suggested in the hypo...and the student follows that advice in his personal case b/c of what was discussed in the classroom, does that mean the students have practiced law without a license? Must I remind you that we don't even know if the case is real!

Moreover, there's no "acceptance" on the OP's part of any agreement between OP and any other party on this site. There is a thing of "value" (the potentially good or faulty info) so there's "consideration". But there's no "breach" of any agreement, b/c there's no agreement. And the OP would have no "damages" Therefore, there is no practice of law.  This is all on the OP.

Sorry people, but until you find me a precedent that says 0L's giving advice to other 0L's constitutes "practicing law without a license, I don't think it applies.   

If we could be held liable for making suggestions, every "friend", "cousin" or broke drunk on the street could be sued and permanently barred from ever practicing law. 

I would just love to see a state bar approach anyone on this forum and tell them they have practiced law without a license...they'd be laughed off the bar themselves.

GET OVER YOURSELVES. THIS IS NOT THAT SERIOUS.

LawDog3

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Re: I Need Your Help - Before a Judge
« Reply #16 on: March 17, 2009, 02:15:12 AM »
Hey man...did u read the legal threats below? They are the ones being too serious. lmao. "practicing law without a license"...

And if these people call themselves joking, they are not funny at all. They don't indicate it, and only dry assed no-humored types would understand these cloist-aways. Some of these people give me the image of those wierdos they lock away at area 57 or something. They aren't like the rest of us. All they know how to do is get A's in class, get 170+ on an exam...AND ABSOLUTELY NOTHING ELSE. 

Do YOU get it? 

mugatu

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Re: I Need Your Help - Before a Judge
« Reply #17 on: March 17, 2009, 02:19:55 AM »
lulz

your intention is not relevant.  if the person receiving legal advice relies on it, you have provided legal advice.

cheers,
M
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They're break-dance fighting.

LawDog3

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Re: I Need Your Help - Before a Judge
« Reply #18 on: March 17, 2009, 02:28:44 AM »
lulz

your intention is not relevant.  if the person receiving legal advice relies on it, you have provided legal advice.

cheers,
M

Bull...besides...read the standard again..."reasonable person". On top of that, it is the confluence of the two intentions in that situation.

Is the situation real or a hypo? Can u tell me that? How would u know? More importantly, how would you prove it. And how would you prove that anyone offering advice would have known it? You know how we joke on this site, how ridiculous our posts can get. Why, all of a sudden would any bar believe we knew this situation was real and that we had a reasonable expectation that a real litigant on the other end of cyberspace (not the guy's little brother) was going to take this info and use it?

Intent matters on both sides; if you say it doesn't, prove it! Show me a case ruling that says it and I swear, I'll shut up...I'll say I was completely wrong and give u a cyber-bow. I'll do it in a separate post so everyone reads it. I will completely humble myself to you on this one.

But I'm betting you can't do it, or you already would have, given what I wrote below.

BTW...I have given you substantive law and logic below so I have nothing to prove.

LawDog3

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Re: I Need Your Help - Before a Judge
« Reply #19 on: March 17, 2009, 02:46:52 AM »
Hey man...did u read the legal threats below? They are the ones being too serious. lmao. "practicing law without a license"...

And if these people call themselves joking, they are not funny at all. They don't indicate it, and only dry assed no-humored types would understand these cloist-aways. Some of these people give me the image of those wierdos they lock away at area 57 or something. They aren't like the rest of us. All they know how to do is get A's in class, get 170+ on an exam...AND ABSOLUTELY NOTHING ELSE. 

Do YOU get it? 

Yes, I rest my case.  Evidence = ^^^^^

Please take a sedative and maybe even look at some of that legal porn you might have on hand.



As if...lol. Someday I'm going to post my pretty face on this site. Then we'll see how far those jokes go. I get more than u can shake a stick at. I don't take drugs. but how do u know sedatives work? And...I don't watch porn...but u sure seem to know a lot about it. I didn't even know "legal porn" existed...lol.

Nice...avoid my last challenge to prove your point by attacking me with some fictitious sexual frustration...old tactic fellas.