Any lawyers or legal experts in the group I can PM some questions?
- Thread starter Smurf
- Start date
Legal issues.
Basically, I have a lawyer that I retained when this started last sept. But I think he is not motivated, and is just trying to get an easy way out or something.
I was falsly accused of something, and was originally given the impression that if I fought it, I had a good chance to get it all dismissed, and then based on the dismissal I could make a Civil counter suit, and try to recoup all my legal fees/damages, etc...
The lawyer got the papers from the DA, with what this person said, and apparently she added a lot of things to her complaint, to reinforce her story.
So the laywer has me believe that it is a He Said / She Said, and that if it goes to hearing which is the next step in februaru, that it's a crap shoot on who the judge will beleave. and then even if I win, i am unlikley to get any money back if I counter sue.
So he's recomendation is to cut my losses, and take the plea. Which is a misdremeaner (no criminal charge on my record from what I understand), and a few hundred dollars in restetuion.
My problems are...
1) I didnt reakin do anything, and this lady is messing with my life.
2) If I do plea, is there any guarentee that then this is completly over, and this lady can't continue to come after me in civil court or something else
3) It seems like I was mislead a little by my lawyer in my chances and options, so I don't know what I am left with really.
Basically he said I can fight it and maybe win on principle, but it will cost me a few thousand more to fight it, and I would not recoupe anything.
So although the fight is nice for my pride and all that.... he left me with an impression that its a cost not really worth paying.
Broadway Joe
Formerly Havana Joe
Good point!
It sounds like you need a new attorney. A misdemeanor is a criminal charge that would be on your record (unless you can get deferred prosecution or deferred judgment). You might want to see what another attorney says, based on the facts and on the elements of the crime that the state will need to prove. It also depends on how you and she would be perceived as witnesses. Depending on the case, he might also suggest that you have a jury trial. (For the record, I am a licensed Arizona attorney but have not practiced criminal law in 20 years and would not opine on your specific situation here. Since I'm not licensed in NJ I can't give any opinion, just the above.
WhiteLightning
This is WhiteLightning!
I would like to assume that if you didn't do anything wrong then you should have no worries. If she can't prove it was you then your golden. My .02.
be careful when you plead guilty. she could take that finding with her into civil court, and there is her proof! you plead guilty. if you do go that route, you would be better to plead 'no contest.'
Thanks for the adivce, comments. No worries, i am not taking any comments officially, it is just talking amongst friends/brothers.
You guys are kind of confirming what I thought, that pleading would not be in my best interest, and that my current lawyer is perhaps just trying to make an easy buck, and not really interested in what is best for me.
DPrec, I thought about having the Hit done, the problem is now, apparently, I would have Motive, so the police would come straight for me... shame.
JWintosh, thanks, that was on of my bigger concerns, basically saying that if I plead, that is not really a way to end it, but rather, that gives her more fire power if she continues to persue me.
It is amazing to me that someone can cause someone else so much greif without any proof or anything. It is of 0 cost to her it would seem to make an accusation, and then I have to spend months and thousands to defend myself with no guarentees of any sort.
Very frustrating situation.
You guys are kind of confirming what I thought, that pleading would not be in my best interest, and that my current lawyer is perhaps just trying to make an easy buck, and not really interested in what is best for me.
DPrec, I thought about having the Hit done, the problem is now, apparently, I would have Motive, so the police would come straight for me... shame.
JWintosh, thanks, that was on of my bigger concerns, basically saying that if I plead, that is not really a way to end it, but rather, that gives her more fire power if she continues to persue me.
It is amazing to me that someone can cause someone else so much greif without any proof or anything. It is of 0 cost to her it would seem to make an accusation, and then I have to spend months and thousands to defend myself with no guarentees of any sort.
Very frustrating situation.
I don't want to open a can of worms or offend anyone here...but having practiced family law and criminal defense for years in California and Texas I will offer the following observations:
1. Women often lie in court to obtain an advantage over a man.
2. There are virtually no consequences for them if they are caught
3. The benefits they reap if successful are huge
4. If you plead guilty you are marked forever
5. One lying bitch can take away your right to own a firearm for life
moral: be very careful whom you date and marry...never plead guilty to a crime you did not commit...get a new lawyer
1. Women often lie in court to obtain an advantage over a man.
2. There are virtually no consequences for them if they are caught
3. The benefits they reap if successful are huge
4. If you plead guilty you are marked forever
5. One lying bitch can take away your right to own a firearm for life
moral: be very careful whom you date and marry...never plead guilty to a crime you did not commit...get a new lawyer
Personally, if it was me, I would get another attorney. I am not an attorney.
If you pled guilty, you are saying your guilty. Plain and simple.
If you plead nolo contende, you are saying there is sufficient evidence for conviction and you are not contesting.
Basically, if you plead guilty, you will have a record. This may impact future employment.
Good luck,
Jeff
If you pled guilty, you are saying your guilty. Plain and simple.
If you plead nolo contende, you are saying there is sufficient evidence for conviction and you are not contesting.
Basically, if you plead guilty, you will have a record. This may impact future employment.
Good luck,
Jeff
I think I will spend the weekend and early next week looking into another lawyer, and seeing what they say.
From waht you guys are saying, it looks like my gut is correct, and I need to pursue defending myself no matter what the cost. Shame the costs are so high.
Carboloic... That is some depressing notes... but I have a feeling you are quite accurate. In this case, I did not date nor marry...... This lady hit my car with hers, and I tried to be nice and not involve insurance (Lesson learned.... always call the cops and file the report).... then she turned it around, and didnt want to pay.
I told her I would file a report, and go to small claims.
She said... Ill bring in 4 witnesses that say something different, youll get screwed.
I said... fine... lesson learned.. .I wont speak to her again, take the loss on my bumper, and hopefully all gets forgotten...
Fast foward a few months ahead... this lady sees me walking on the street, so she starts yelling... I yell back, and then see she has a baby in her hands... so I say "... thats the lesson you want to teach your kids? Have a nice life"... and i walk away (the lesson was all the foul language spewing from her mouth, then in my reply).
2 weeks later, cops knock on my door and arrest me. She said I threatened her for months with violance, and that there was damage to her car, she never knew who, then she said she "saw" me kick her car and dent it.
According to the cops and my lawyer, her saying she saw me counts as evidance and is all they needed to come and arrest me, and start the process.
So since there is no proof of anything, its he said / she said. And becuase i never filed the original incident, some would say I had motive to be angry...
Ohh well.... sometimes life just isnt so much fun... i am going to go smoke monster tonight to relax.
From waht you guys are saying, it looks like my gut is correct, and I need to pursue defending myself no matter what the cost. Shame the costs are so high.
Carboloic... That is some depressing notes... but I have a feeling you are quite accurate. In this case, I did not date nor marry...... This lady hit my car with hers, and I tried to be nice and not involve insurance (Lesson learned.... always call the cops and file the report).... then she turned it around, and didnt want to pay.
I told her I would file a report, and go to small claims.
She said... Ill bring in 4 witnesses that say something different, youll get screwed.
I said... fine... lesson learned.. .I wont speak to her again, take the loss on my bumper, and hopefully all gets forgotten...
Fast foward a few months ahead... this lady sees me walking on the street, so she starts yelling... I yell back, and then see she has a baby in her hands... so I say "... thats the lesson you want to teach your kids? Have a nice life"... and i walk away (the lesson was all the foul language spewing from her mouth, then in my reply).
2 weeks later, cops knock on my door and arrest me. She said I threatened her for months with violance, and that there was damage to her car, she never knew who, then she said she "saw" me kick her car and dent it.
According to the cops and my lawyer, her saying she saw me counts as evidance and is all they needed to come and arrest me, and start the process.
So since there is no proof of anything, its he said / she said. And becuase i never filed the original incident, some would say I had motive to be angry...
Ohh well.... sometimes life just isnt so much fun... i am going to go smoke monster tonight to relax.
Sorry to hear this, I know this has really got to suck. As for me, I would fight the charges, and probably get an attorny I trust. Sorry that I can't give any good advice or help out in any way, but I would definitely pursue a counter suit if it looks like you can get anything out of it.
What he said.
Also, since she is the one that escalated the situation, I would certainly have a very serious late night alley chat with her to convince her that it's in her best interests to cease and desist fucking with you immediately. :roundtheh