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re: Can the OT Legal Minds help me make sense of my court appearance today?

Posted on 5/18/21 at 2:11 pm to
Posted by goldennugget
Hating Masks
Member since Jul 2013
24514 posts
Posted on 5/18/21 at 2:11 pm to
quote:

The DA asked for an extra month to review your misdemeanor charge?


30 days for my first appearance which I understood, it was the day after the incident.

But now 60 extra days? Why? Why do they need more time?
Posted by danilo
Member since Nov 2008
20133 posts
Posted on 5/18/21 at 2:12 pm to
quote:

intentional damage to a vehicle

Caught someone plowing your old lady and went for revenge?
This post was edited on 5/18/21 at 2:13 pm
Posted by Hermit Crab
Under the Sea
Member since Nov 2008
7167 posts
Posted on 5/18/21 at 2:13 pm to
They realize you don't have an attorney so are just kicking this down the road. you have the right to a speedy trial, push them on that and you wont keep getting pushed back. get an attorney and make a deal with them.
Posted by tigerpimpbot
Chairman of the Pool Board
Member since Nov 2011
66947 posts
Posted on 5/18/21 at 2:14 pm to
Just go find a better call Saul schlep attorney hanging out in the courthouse and pay him $100 to talk to the DA. Get them to negotiate a diversion program or some other bullshite that drops the charges if you jump through a few hoops, like attending an anger management class.
Posted by TexasTiger90
Rocky Mountain High
Member since Jul 2014
3576 posts
Posted on 5/18/21 at 2:14 pm to
You at the end of that extra 30 days
Posted by goldennugget
Hating Masks
Member since Jul 2013
24514 posts
Posted on 5/18/21 at 2:14 pm to
quote:

Yeah, they have bigger fish to fry and they have not done any work on your case. They were not prepared to deal with it today and kicked the can for a bit. I might would try to plea out or hire a lawyer that can fight them if they try to ask for another 30/60 days again.


Another guy who was in court today was charged with theft and the judge said if he pays restitution, the theft charges would be dismissed.

I was hoping I would get something like that my way, I would definitely take it, even if I didn't do any damage to the vehicle, I just want this to be over with.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422565 posts
Posted on 5/18/21 at 2:15 pm to
quote:

If this is true, I may look into this. Thank you.

If you're not represented by an attorney you 100% can talk to the prosecutor.

quote:

I just want to know what case the state has against me. No doubt the incident is on video as it happened on the strip, but the question is, did I actually do any damage? Even I don't know the answer to that. Maybe, maybe not, it all happened so fast.

You need to file for discovery/disclosure. I'm not sure of the process in that jurisdiction.
Posted by deeprig9
Unincorporated Ozora, Georgia
Member since Sep 2012
64023 posts
Posted on 5/18/21 at 2:16 pm to
If you know you were in the wrong, go ahead and make the restitution now instead of waiting for it to be court ordered. Then let the DA know what you did, and try to get the case dropped.
Posted by Sus-Scrofa
Member since Feb 2013
8154 posts
Posted on 5/18/21 at 2:16 pm to
quote:

(For those of you wondering what charges I am facing - the single charge against me is a very low level misdemeanor - intentional damage to a vehicle - an allegation which I think is flimsy).


Well, since you came here for legal advice, I guess there’s no harm in asking the million dollar question.

Did you intentionally damage someone else’s vehicle?
Posted by Proximo
Member since Aug 2011
15554 posts
Posted on 5/18/21 at 2:17 pm to
quote:

I asked the cops why, and they said "you admitted to hitting the truck".

I remember that thread. You should put it in the op
Posted by Sao
East Texas Piney Woods
Member since Jun 2009
65741 posts
Posted on 5/18/21 at 2:18 pm to

They're just setting you up for a plea deal.
Posted by goldennugget
Hating Masks
Member since Jul 2013
24514 posts
Posted on 5/18/21 at 2:19 pm to
quote:

If you know you were in the wrong, go ahead and make the restitution now instead of waiting for it to be court ordered. Then let the DA know what you did, and try to get the case dropped.


IF I did any damage, at most the damage was no more than a dent that costs no more than $300 or so to pop out.

I bet if I tried to do restitution they would demand I pay like $3000 for an entire new panel.

Also the judge ordered me to stay away from all Caesar's properties, and people I know who work at the casinos say I am likely banned from Caesar's properties anyway even if the judge didn't order it.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422565 posts
Posted on 5/18/21 at 2:19 pm to
If they had a plea deal AND they wanted to mess with an unrepresented party, they could have closed the file today. Either they are wary dealing with an unrepresented party who hasn't requested discovery etc. or they are waiting for evidence from a 3rd party (like the casino).
Posted by keakar
Member since Jan 2017
30026 posts
Posted on 5/18/21 at 2:19 pm to
quote:

Why didn't they mirandize me if my own words would have been what sent me to the slammer to begin with? If I thought there was a chance of that happening I would have said nothing.


because you were not in custody or being arrested at that time.

you freely admitted to hitting a vehicle you say you dont even know for sure if you hit it, why?

in todays world you never admit anything about anything to anybody, especially law enforcement
Posted by AnAmericanGirl
Member since Feb 2019
506 posts
Posted on 5/18/21 at 2:20 pm to
Why don't you call up the DA handling your case and work out a deal?

Otherwise this little case of yours is going to keep getting kicked down the road while this DA tries to handle the thousands of other cases he has.

Posted by goldennugget
Hating Masks
Member since Jul 2013
24514 posts
Posted on 5/18/21 at 2:21 pm to
quote:

Did you intentionally damage someone else’s vehicle?


I slapped the side of their truck after they ran the red light at a crosswalk and almost hit me when I had the right of way. I slapped it to get their attention to let them know they almost hit me as they tried to drive away.

Was the slap intentional? Yes. Did I do any damage? I don't know.

The way the security acted, however, was as if I took a chainsaw to their tires while simultaneously egging their windshield and keying the paint off.
Posted by Floating Change Up
Member since Dec 2013
11856 posts
Posted on 5/18/21 at 2:21 pm to
quote:

For those of you wondering what charges I am facing - the single charge against me is a very low level misdemeanor - intentional damage to a vehicle - an allegation which I think is flimsy


Federal Hate Crime charges incoming.
Posted by AbitaFan08
Boston, MA
Member since Apr 2008
26577 posts
Posted on 5/18/21 at 2:22 pm to
quote:

I don't want to have to pay a lawyer unless I have to. I am hoping that the judge dismisses my charges, or dismisses them if I pay restitution to the "victim" to keep this off my record.

(For those of you wondering what charges I am facing - the single charge against me is a very low level misdemeanor - intentional damage to a vehicle - an allegation which I think is flimsy).


Posted by goldennugget
Hating Masks
Member since Jul 2013
24514 posts
Posted on 5/18/21 at 2:22 pm to
quote:

If they had a plea deal AND they wanted to mess with an unrepresented party, they could have closed the file today. Either they are wary dealing with an unrepresented party who hasn't requested discovery etc. or they are waiting for evidence from a 3rd party (like the casino).


This is helpful, thank you.

So to see the prosecutor I just need to go to the courthouse and talk to the right people to set that up?
Posted by Sao
East Texas Piney Woods
Member since Jun 2009
65741 posts
Posted on 5/18/21 at 2:22 pm to

Oh, agree. Hell, Nugget could have asked the ADA right then to take pics of their entire case file had he wanted.
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