Lawyers

[stpete]

I have some issues going on right now and i have spent an exorbitant amount of money of my lawyers. Granted, the State wants to move at a very fast pace, but i can't seem to get my lawyers to work for me. I need this to be delayed for a little while. Why is the State so fast moving? I thought that when you pay for something they should adhere to your requests. I'm a little messed up here.

Am i missing something? Or do i just need to find other representation?

And no, i didn't do anything really wrong. They're just trying to say that i did. Maybe the reason for the fast trial?

Thanks for listening and responses.

[milky01623]

Morning buddy

I can't really comment on us law but I've always been under the impression that if your paying for it you call the shots......... Your self employed so do you do what you want or what the client asks for?
Personally I'd find a lawyer that works for me
I made the mistake of letting my brief take the lead never again it cost me 6 months in HMP North Sea camp

[austinite]

Well. I can tell you a bit of my experience with lawyers that I've dealt with over the years for my business. Lawyers (that I've dealt with, no offense to anyone) - want to do the minimum amount of work for the most amount of money. Don't we all? Sure, but they get away with it. It's a money pit, but unfortunately we're not all lawyers, so we can't afford not to hire one when needed.

I'm the biggest fan of getting second opinions. I do it for everything from plumbers, landscapers and attorneys.

On the other hand, it's human nature to feel like progress isn't happening in your favor when you're involved in whatever case. Keeps you on edge and makes you doubt everything and everyone around you. It's a harsh environment to be in. But all that never stopped me from seeking a second opinion.

I would most certainly make an appointment with another attorney. I would make sure they understand that I've been talking to another attorney and am here for a second opinion, without talking details about the original lawyer. (Ego kicks in and you peek their interest)

If anything, you will at least know if your current lawyer is on the a similar track, or if the second opinion strikes as much more confident, educated, willing to fight and comes with a plan. Connections make a huge difference and you might find someone with better connections.

As far as the State moving to trial so fast, well, there's really no telling there. Seems like there's always a lot of "Hurry up & wait!" - It never really make sense. We've seen multiple seemingly identical trials, where some are super speedy and other linger onto a never ending battle. Most however, are quite speedy trial unless it grabs media attention; then all parties are walking on eggshells. So I would not consider this to be an isolated incident and I don't believe there is a specific reason why they're moving fast. It's just another case to them and faster trials in general are favorable to them. Any trial.

I'm sorry you're having to deal with this, man. I would most certainly seek advice of another attorney so that you never have to say "What If ??". Give yourself the peace of mind. I hope everything turns out in your favor.

[stpete]

Milky and Austinite, my thoughts exactly. I thank you guys. I have felt the same way about another attorney but shit, i'm out a lot of money on the ones i have. Not sure if i can get that back or not. More research needed on that. I just assumed that they would work for me. And if i told them(whatever reason to delay) they would do it. They haven't even done enough research to prepare my argument. I don't really feel right about it.

Again, me personally, have done nothing. They are trying to prove i had involvement in something. My lawyer told me today that we have nothing to worry about but the "trial book" will be presented on monday. This is the State's evidence he told me. So i don't know. Just a little worried that someone may have said something to try to implicate me on something. I expressed this to him and he said "you have nothing to worry about." I asked who might be on a witness list and he said "probably no one". I said, well, if that's the case, why i am i in this postion? He says, "you have nothing to worry about." I say, "get it delayed". Nope.

I have very little to go on here. Have to wait til monday to see what the state has. How does he know "i have nothing to worry about". I know i never broke any laws, but someone in business may have.

To this, i say we need time to look things over and be prepared.

We'll see. Cause i know i will call "misrepresentation" if i have to. I don't even exactly know where this is coming from. I know a girl talked some shit but i have a contract that saves me from that.

I'm just worried as i have been thru a lot in the last 2 weeks. I'm going tomorrow and seeking other representation.

Hell w/the money i'm already out.

[milky01623]

Man I hate lawyers/solicitors its like Austin said minimum outlay maximum return & I think they get a buzz playing with ppls lives as the outcome never affects their lives....

[stpete]

Man I hate lawyers/solicitors its like Austin said minimum outlay maximum return & I think they get a buzz playing with ppls lives as the outcome never affects their lives....

Agreed my friend. I'm thinking to go their office tomorrow and see what they have for me. It's like i told a good friend today, if i go buy a car wash and tell them what wash i want, they will give it to me. If i go pay thousands of dollars for a high priced atty, he should do the same in my book. But again, unfamiliar territory for me.

I'm mad that no one seems to be listening to me.

[milky01623]

Dude

No one ever listens to me!!!!!!! Bahahaha

In my experience just follow your gut reaction it's usually the right one :-)
Pm'd you

[marcus300]

Take it easy Stpete

Try to remain calm and think things through, look at every avenue and the direction of your actions!

I don't know the law in your country so can't help you but remember the above please

[Lunk1]

Because everyone has a right to a seedy trial under law the state will move fast because they have to...it's their requirement under law. Your attrny needs to waive your right to speedy trial. This will allow the state to slow their roll. The downside of this is that it gives the state more time to prepare for a possible trial and gather evidence. Typicaly defense attrny's. can file a number of motions buying yet more time for you (the defendant). Such as motions to supress evidence and motionsfor depositions of witnesses. Your attrny can also file for a continuence if atrial date is set. All of this can buy time.

The reality is that it is often times in favor of you (the defendant) to move forward with speedy trial since most court systems are so bogged down that the prosocutors have little to no time to prepare an adequite case against you.

You know the number for the questions

[ironbeck]

Gues it depends if you live in a big city or not? I once had my lawyer postpone a trial of mine for 5 yrs...the dea changed twice and the law enforcement officers involved in the case, half where gone or transfered.

[thegodfather]

A lot of misconceptions when it comes to the law. First off, are you in a state or a commonwealth state? The judicial systems differ in how they operate. Second, you're lawyer is referring to discovery, that's the time when the prosecution brings forth all of the evidence that they have on you, and when the defense must present any evidence that they have, this is analogous to "you show me yours, and I'll show you mine." Both sides must put forth everything they plan to use at trial (if it gets that far, the majority of cases are either dropped or plead out). The prosecutor is weighing his chances of winning, versus the evidence at hand, versus the amount of tax payer dollars that will be spent prosecuting you. It's not until discovery that your defense attorney can give you ANY estimation of whether or not you're "fine" or "good to go" or have "nothing to worry about", because counsel does not know what hand the prosecutor is playing with until discovery.

Second, you can say you have not violated any law, but the caveat here is to your knowledge. The House & Senate pass about 10,000 new pieces of legislation each year, admittedly, they cannot give an estimation of how many laws exist in the United States, but suffice to say, it is into the hundreds of thousands. You can be jailed for 5 years and pay a $250,000 fine for catching and killing certain types of fish. Ignorance of the law is no excuse when breaking it. Simply saying that you did not know a particular law existed, is not a defense in court. You either have extremely competent attorney's, or are truly dealing with a case that has no serious ramifications for you. There is a service by which you can lookup your attorney, to see where he/she is ranked nationally. I suggest using this service, and of course another way to determine competency is cost. No lawyer worth his salt will take any retainer less than $5,000.00, and more often closer to $20,000.00, especially for cases that look like they are headed to trial.

You should keep ALL specifics of your case off of the open board, as anyone with an open case should do, as the internet is increasingly being used as a source of evidence by which to burn the defendant. If you would like to discuss matters further privately, feel free to PM me so you can elaborate a little bit further and I can give you some guidance, but I will NOT give you legal advice, just simple tips in how to deal with your lawyer, what questions to ask, etc. Good luck bro...

[cherrydrpepper]

I don't know your situation and like said best to keep details off a board like this. I can tell you a few things. First, if you are truly innocent, make sure your attorney knows this. Likely 75-90+ percent of their clients are guilty and as a result they get burnout, detached, and really begin to hope the judge bends everyone over and bitch slaps them with his book. If your job was to get guilty people off do you think you would do this passionately or do your best to get some money and just go through the motions? Not sticking up for lawyers I know some good and some scumbags but again if you're innocent make your lawyer know and believe this. Lawyers and prosecutors have conversations in private more than people would imagine. I can't give you much other advice since I don't have the details or want them out in public like this. You are probably going to get offered a plea and your attorney will suggest you take it not because he loves you and wishes the best for you but because it will keep him from having to do work. Thats what is really going to suck because it may be a great offer and that you should take it or it could be weakness from the prosecution not having much of a case and hoping you will cop to a lesser charge. Plea deals are typically too good to let go of. I pled to something minor and did a week; my attorney told me point blank the evidence was bad against me and if it went to trial and I lost I would be looking at a year. I feel it would have been a coin flip and it wasn't worth a year of my life to find out. Keep in mind some felonies have mandatory sentences or if you have had previous felonies jail sentences can be mandatory or longer. I spent 5 minutes perusing this website and while I have limited exposure to these situations most of what he is saying is true imo I did not see any agenda bs in this site:
http://www.bombshock.com/government_...f_a_crime.html
When I went to jail it was one of the lowest points of my life that is probably the most beaten I have ever been and it wasn't even over the criminal offense I was just a broken person. I can say no matter how bad it seems like things are there are people out there who are in way worse ways you know people with cerebral palsy and things like that so I will be hoping for good things for you but just remember this too will pass.

[kronik420]

ive been to court that many times, i now just represent my self... saves alotta $$ and i get pretty much the same result as if i were to have a lawyer...

if you are found not guilty can you then sue for lawyer costs, etc.. ??

[stpete]

A lot of misconceptions when it comes to the law. First off, are you in a state or a commonwealth state? The judicial systems differ in how they operate. Second, you're lawyer is referring to discovery, that's the time when the prosecution brings forth all of the evidence that they have on you, and when the defense must present any evidence that they have, this is analogous to "you show me yours, and I'll show you mine." Both sides must put forth everything they plan to use at trial (if it gets that far, the majority of cases are either dropped or plead out). The prosecutor is weighing his chances of winning, versus the evidence at hand, versus the amount of tax payer dollars that will be spent prosecuting you. It's not until discovery that your defense attorney can give you ANY estimation of whether or not you're "fine" or "good to go" or have "nothing to worry about", because counsel does not know what hand the prosecutor is playing with until discovery.

Second, you can say you have not violated any law, but the caveat here is to your knowledge. The House & Senate pass about 10,000 new pieces of legislation each year, admittedly, they cannot give an estimation of how many laws exist in the United States, but suffice to say, it is into the hundreds of thousands. You can be jailed for 5 years and pay a $250,000 fine for catching and killing certain types of fish. Ignorance of the law is no excuse when breaking it. Simply saying that you did not know a particular law existed, is not a defense in court. You either have extremely competent attorney's, or are truly dealing with a case that has no serious ramifications for you. There is a service by which you can lookup your attorney, to see where he/she is ranked nationally. I suggest using this service, and of course another way to determine competency is cost. No lawyer worth his salt will take any retainer less than $5,000.00, and more often closer to $20,000.00, especially for cases that look like they are headed to trial.

You should keep ALL specifics of your case off of the open board, as anyone with an open case should do, as the internet is increasingly being used as a source of evidence by which to burn the defendant. If you would like to discuss matters further privately, feel free to PM me so you can elaborate a little bit further and I can give you some guidance, but I will NOT give you legal advice, just simple tips in how to deal with your lawyer, what questions to ask, etc. Good luck bro...

You, my friend are exactly right. This "book" the state speaks of is exactly what you said. But, according to my attorney i have a legally binding contract that frees me from everything. and that was good news today.

Just so you know, i draw up contracts for a reason just like this. It has never been an issue til now. But my lawyers now have the original contract that was signed between both parties that frees me from everything. Now, the lawyer i have now is different than the one i contacted originally. My first attorney just told me what i needed to do to clear myself of any "possible acts" from employees, hence the contract he made me draw up for employment. The lawyer i have now said that he did everything right and my "bases are covered". He (my lawyer) laughed at me today and said that i was "sweating the situation". He had to have 3,500.00 just to look at me when i called my buddy to hire him.

Anyway, i went and talked to him today after waiting for 3 hours for him to get back from court. I was actually at a restaurant next door waiting and he came over there to see me. He PROMISED me it would get "squashed". Again, i haven't done anything.

So i feel better now but this week will tell the story. According to my lawyer, the contract that was signed is evidence that i am clear of ANY wrong doing on an employees behalf.

Any thoughts on that? I make people sign it just for this reason and i'm just hoping that the individual trying to set me up is wrong in trying to get me convicted in anything. I don't do much other than sit here in my house and work, on this site, and talk to friends. Prove me wrong...

[lovbyts]

Good luck with your upcoming court date and I hope its thrown out and doesn't continue.

[Rwy]

I was sewer serviced on a bad debt from a failed business. It was actually the last debt I had fro this failed business venture. The debt was bought by junk debt buyer lawyer. Original debt 4500 bought for 150 trying to collect 19000. Yes those numbers are correct. They sewer served me with a judgement so I didnt show up in court.

Deduced 19k form my bank account and frooze the rest. Went to a lawyer told me 5k and couldnt gurantee anything. I eventually fought it myself won and had the whole thing discharged and ended up getting out of paying back that last debt. I work with tons of attorneys. Man most of them are ****ing idiots

[lovbyts]

I know ONE attorney/Lawyer I can say is good. He is/was so good he quit his business (successful) to become an EMT. Emergency Medical Technician
He let me write all my own depositions and rebuttals for my 1st divorce and just did a quick review of them and didnt charge for many things he could have.

Speaking of being served; it was funny when I cop came to my place of employment when I was going trough divorce to serve me I was called into the office and saw the cop. He introduced himself and told me I was being served. I just smiled and said OK thank you. He took a step back and said wait, do you understand I am serving you a notice to appear in court for legal action? I said yes of course I do, it's just all part of the legal divorce proceedings. He said OMG I wish other people understood this and didnt always flip out and blame me. I just LOL and said why shoot the messenger? It's nothing that isn't expected and it's just a formality. I think he wanted to hug me. hahahaha

Now my wife was just the opposite. She was doing everything she could to refuse service in person or via registered mail. She claimed in court she had never received anything so some how it was going to make me look bad. lol The judge asked her if she had any objection to being served? She said no. The judge asked my attorney to hand her the letter of service so he did. He then told her she is not legally served... lol

[stpete]

I was sewer serviced on a bad debt from a failed business. It was actually the last debt I had fro this failed business venture. The debt was bought by junk debt buyer lawyer. Original debt 4500 bought for 150 trying to collect 19000. Yes those numbers are correct. They sewer served me with a judgement so I didnt show up in court.

Deduced 19k form my bank account and frooze the rest. Went to a lawyer told me 5k and couldnt gurantee anything. I eventually fought it myself won and had the whole thing discharged and ended up getting out of paying back that last debt. I work with tons of attorneys. Man most of them are ****ing idiots

No shit? Good for you! My lawyer seems ok, but i know he's short w/me. That's ok for now though. Tomorrow morning i see the "book". Quick work on their part. Anyway, i get to see what's up. Well, at least who it is. And this gives me a whopping 2 days to think about things. Awesome!

[stpete]

Good luck with your upcoming court date and I hope its thrown out and doesn't continue.

Thanks, Buddy.

Tomorrow tells the story i guess. I don't know. I have better things to do than this.

[milky01623]

Best of British buddy

Don't let the bas***ds grind you down:-)

[stpete]

OK, met w/ my lawyer today. Spent 6 freakin hours going over the "book". It's a bunch of manufactured shit from someone. They even had a PI follow me to certain places and take my license plate pics to prove i was there. They hacked my FB account as well. Nothing damning on FB as i'm rarely there and know better. But they have me at establishments that prove their case.

Unfortunately for them, it doesn't prove a damn thing. I'm a grown man and can go anywhere i want.

So this is our defense. No girls, except one that said something. We don't know what she said but proof of employment is on them and they don't have it!

End of story, i think. They are not allowed to bring anything else to the table.

We have 2 people and they are character witness.

My man says it's "all fine, stpete. Nothing to worry about."

[lovbyts]

Wow sounds interesting. Cant tell if it's a divorce/personal, Employer monitoring or it could even be political. lol

Isn't there some laws about them hacking your FB account or did they merely view it as any friend would?

[Wazz]

So i feel better now but this week will tell the story. According to my lawyer, the contract that was signed is evidence that i am clear of ANY wrong doing on an employees behalf.

Any thoughts on that? I make people sign it just for this reason and i'm just hoping that the individual trying to set me up is wrong in trying to get me convicted in anything. I don't do much other than sit here in my house and work, on this site, and talk to friends. Prove me wrong...

My wife's professionally hauled horses across country, boarded horses on our ranch. Held horse shows in/around our Arena on our property & contracts are nothing new.

I will say that contracts can be tricky. Anyone can write a contract that absolves them of responsibility however a contract must be in keeping with that states (or others passing through) laws. Sometimes dollar amounts need be included under liability & blanket comments tend to fail..

Ever hear the old..."You can't sue the store for slipping/falling", they had a "warning slippery when wet" sign out. Yes you can, if the store felt it was dangerous they should have closed the area.. This is just a simple (rather poor) example. Contracts should always be reviewed by a proffesional. If your lawyer says your gtg & he KNOWS the laws & especially contract law then you should be ok.

I truely wish you the best, Wazz

[austinite]

Thanks for the update bro. Sounds like things are on track.