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Old Sep 21, 2009 | 07:21 AM
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FairladyZTT
TRIED HIS GT!
 
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Default Re: Wrecked my bike. Need a lawyer.

Originally Posted by specialblend154
it may be a hassle if you go to court without a lawyer and bank on taking the appeal route. if you are found guilty than appeal then the charge will make it onto your record then you will be forced to jump through the hoops in order to get your charge expunged.

i would go in there and explain the situation, if you feel like he wont lessen the charge or drop it just ask for a continuance in order to obtain a lawyer. i would also mention that you work as a contractor and that it may affect you work status. Judges will most likely give you leniency if they know you have a good job and your not some idiot racing around on a bike.
You must not know anything about the judicial system.

First off... if you appeal the case. It does not go on your record. You are appealing it because you feel that you have gotten an unfair ruling. In which it is your constitutional right to get a fair trial.

So. You are given a separate date with a different judge. Nothing from the first ruling is allowed to be used in the second court hearing. It is a completely new hearing, as if the first one never exsisted. This is to ensure that you are getting your fair trial.

When you go into court. The judge will ask for everybody that wants a continuance before he starts with the cases.

Then when you go before the judge. The judge will ask you if you have a lawyer. You will have to answer him at that point. When you say "no"... the judge will give you a piece of paper to sign that says "I waive my right to counsil". At this point you cannot ask for a continuance to obtain a lawyer because you have already waived your right to a lawyer.

Please do not give legal advice if you do not know what your talking about. You are going to cause more damage than good.

At this point if he would take your advice. He would go in the courtroom. Sit through the continuance line. Then go before the judge, waive his right to counsil, enter a plea, and then if things didnt look good try to get a continuance.

The judge would look at him and say. "Were you not here on time when I asked for anybody that wanted to continue their case?"

Now you have to either tell the judge that you are stupid and were not listening to him when he as if anybody wanted to continue their case. You can tell him that you were late for you court case and was not not present when he asked for people that would like to continue the case or you can tell him that you were trying to see if he was going to dismiss the charge before asking to continue the case.

That sounds like a really good way to piss a judge off by making a mockery of his courtroom. I would hate to see you go before the judge.

edit:
Just reread your post... when you appeal a case... it is as if the case never happened. So... no ruling or judgement will be put on your record. This is why you can only appeal a case one time. Why would you be able to appeal it if it went on your record anyways? Then you would go to court twice for the same offence and get 2 charges?! That really doesn't make sense man.

Last edited by FairladyZTT; Sep 21, 2009 at 07:28 AM.