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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 4:37 pm to
Posted by Demshoes
Up in here
Member since Aug 2015
10193 posts
Posted on 5/18/21 at 4:37 pm to
quote:

Handling any criminal charge yourself is pretty much stupid, I wouldn't and I have been in practice for quite a long time


100%. Son got in a little jam and I got a friend experienced in the criminal law to get it resolved. I practice civil law and navigating that system would be like a proctologist performing a little light heart surgery.

That is why god made attorneys who specialize in different areas of law. Any attorney worth their salt is smart enough to know to hire an attorney for things they are not proficient in. That tells you that any layperson should most certainly get an attorney.
Posted by offshoretrash
Farmerville, La
Member since Aug 2008
10177 posts
Posted on 5/18/21 at 5:01 pm to
quote:

I just want to know what case the state has against me.


You need to watch two movies, My Cousin Vinny and Get Hard.

quote:

Also, the cops used my own words as justification to sending me to jail. I was the one who called them,


You don't sound smart enough to represent yourself.
Posted by Chucktown_Badger
The banks of the Ashley River
Member since May 2013
31118 posts
Posted on 5/18/21 at 5:04 pm to
quote:

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.


I'll do this if I'm on a run and people almost hit me doing a rolling stop through an intersection. I'll slap panel of their car as a "hey frick-o, you almost just hit a pedestrian because you didn't look both ways".
Posted by Lima Whiskey
Member since Apr 2013
19230 posts
Posted on 5/18/21 at 5:09 pm to
Go to the hospital.

Even if it’s days later. Go to the hospital. Get yourself checked out. And get it on record.

You’re describing a mild traumatic brain injury.
This post was edited on 5/18/21 at 5:14 pm
Posted by mikelbr
Baton Rouge
Member since Apr 2008
47498 posts
Posted on 5/18/21 at 5:10 pm to
quote:

low level misdemeanor - intentional damage to a vehicle - an allegation which I think is flimsy


Did your sassy twink arse smack the vehicle or not?

It's cut and dry. Criminal.
Posted by SaintsTiger
1,000,000 Posts
Member since Oct 2014
1120 posts
Posted on 5/18/21 at 5:13 pm to
quote:

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.


You have a good self defense type argument. Also the DA could be prosecuting them. They almost killed you.
Posted by SaintsTiger
1,000,000 Posts
Member since Oct 2014
1120 posts
Posted on 5/18/21 at 5:16 pm to
quote:

100%. Son got in a little jam and I got a friend experienced in the criminal law to get it resolved. I practice civil law and navigating that system would be like a proctologist performing a little light heart surgery.

That is why god made attorneys who specialize in different areas of law. Any attorney worth their salt is smart enough to know to hire an attorney for things they are not proficient in. That tells you that any layperson should most certainly get an attorney.


This. Yes you may "save" a few hundred doing this yourself. But having a competent lawyer will save you on having to pay fines, do community service, go to anger management, etc. for these trumped up charges.
Posted by Landmass
Member since Jun 2013
18137 posts
Posted on 5/18/21 at 5:45 pm to
You should have asked to invoke your right to a speedy trial.
Posted by Suze1117
Baton Rouge
Member since Jan 2013
20 posts
Posted on 5/18/21 at 5:59 pm to
Good advice re criminal lawyer who also does personal injury work. And go to the doctor ASAP. You likely still have symptoms.
Posted by magildachunks
Member since Oct 2006
32482 posts
Posted on 5/18/21 at 6:17 pm to
quote:

all that happened was that the DA asked the judge for 60 more days to review my case and that was it. I am set to go back on July 20.

This is after the DA asked for 30 extra days to review after my first appearance before a judge last month.




It means that the prosecutor hasn't even opened the file to see what the case is about.

They have more shite to worry about.

Just tell them you want to plead no contest, they may make you talk with a Public defender before accepting the plea, then accept the consequences.

pay to have it expunged later.



****My courtdate was cancelled today because of the weather. It's the second time in a row this happened. Last court date was cancelled because of the ice storm in February.

It's an arraignment. The offense happened over two years ago and I still haven't been arraigned on it. It took 20 months for them to even set the first court date.

I feel like the case should be dismissed because of my right to a speedy trial.
Posted by NoSaint
Member since Jun 2011
11281 posts
Posted on 5/18/21 at 6:34 pm to
They definitely have the whole team working hard to strengthen this already strong case.

Obviously.
Posted by go ta hell ole miss
Member since Jan 2007
13626 posts
Posted on 5/18/21 at 6:43 pm to
quote:

I don't want to have to pay a lawyer unless I have to


Anyone who represents themself has a fool for a client. There is a reason for that statement. It’s true even for lawyers that represent themselves.
Posted by LSUFAITHFUL
Member since Oct 2007
1089 posts
Posted on 5/18/21 at 7:13 pm to
Agree with the advice to get a criminal attorney that does personal injury work. He can ask the DA for video of the incident and evidence of vehicle damage in discovery.

If what you say happened really happened, you could use the video to sue the shite out of Ceasers and likely get criminal charges dropped. The criminal charges may be the easiest avenue for you to get the video at this point to allow a personal injury attorney to evaluate if it’s worth suing.
This post was edited on 5/18/21 at 7:14 pm
Posted by CaptSpaulding
Member since Feb 2012
6505 posts
Posted on 5/18/21 at 7:23 pm to
Aren’t you the guy who was complaining that he couldn’t get a job interview last week?
Posted by Jh22586
Member since Oct 2019
645 posts
Posted on 5/18/21 at 7:26 pm to
More than likely they keep asking for more time to review for no other reason than they keep forgetting to look over bc it’s a misdemeanor, for a misdemeanor charge your not doing time in jail, worst your getting is a fine, prolly some community service, worst case unsupervised probation
Posted by Tigerlaff
FIGHTING out of the Carencro Sonic
Member since Jan 2010
20868 posts
Posted on 5/18/21 at 7:35 pm to
For the first and last time in my career, I am going to render legal advice on the OT.

quote:

What you really need to do is meet with the DA, show him your original thread on the OT, and let him know in no uncertain terms that there is an army of OT lawyers at your disposal. The ball is in his court


Here it is:

Goldennugget, DO NOT SHOW THEM YOUR POST HISTORY. Get a lawyer (even a Jewish one). God damn it, just read your post history and see if it looks like something a Las Vegas public servant would find endearing.

That's all. I am not representing you.
This post was edited on 5/18/21 at 7:38 pm
Posted by Twenty 49
Shreveport
Member since Jun 2014
18768 posts
Posted on 5/18/21 at 7:46 pm to
quote:

If what you say happened really happened, you could use the video to sue the shite out of Ceasers and likely get criminal charges dropped


He gonna sue the shite out of them for almost but not actually hitting him? I could file 3 of those claims based on a typical drive to work.
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