I need advice!!! Please!!! Help!!!!

I am totally new to the whole legal system...and have no clue about court room flow, charges, plea bargin etc.

I would like a couple of pieces of information regarding an issue that I have to deal with in court tomorrow...not what I should do but just the flow of the ordeal...so I dont look totally stupid.

My Charges are minor, however I am extremely nervous.

So far I was arrested and saw the judge, I made no plea of innocence because I was being charged by the state and no police report or victim testomony for the judge to make any calls. He set release conditions and I now have court tomorrow.

My first question is...1. If the people which were the "victims" do not show up to court...will the whole thing be thrown out?

I have no priors (not even traffic tickets) will they take that into consideration?

When the judge asks what do you plea...is it at that point I say would the state like to make a plea bargin...or will that happen first.



By the way...I was charged with disorderly conduct, reckless endangerment, and criminal damage.

Because I saw my girlfriend cheated on me, so I followed her, passed her and slowed down to motion her to stop (pumped my brakes etc) pulled up to her at a stop light and knocked on the window trying to get her to pull over

At no time do I feel I "endangered" any bodily harm to her or homeboy in the car.

Also, the police never witnessed any of the actions I made only the accounts of her and her new lover.

Can I have his testomony dismissed due to conflict of interest?

Second she claims that the bottom of her car, along the bottom part of her door panel starting at the fender well is all scratched and dinged.

However, there is NO damage to my motor cycle, no paint, no scatches no ANYTHING

Second, if I would have hit her during the movement part of the ordeal I would have eaten concrete

Third, if it tipped over when I came to the window the handle bars would have been the first thing to hit the car or if it WAS the foot peg, then my leg would have been pinned between her car and my bike which I would have burned my leg on the engine.



Anyways...thats a nutshell I understand that you cant give me full legal advice...but any tips or pointers...or just courtroom knowledge would be helpful.

Tell the truth.

Be polite.

Have a shave and dress smart.

Clean your shoes.

Legally I'm clueless, but I think the above is a good starter for 10!

Best of luck...

MonKey

I'm going to agree with ChiKey.

Presentation and demeanor are more important than you can possibly imagine when dealing with a case like this.

The job of the Jurist is to "get down to the bottom of things" and when dealing with a case of a domestic nature, like this one, it's pretty common knowledge that there will be emotion and embellishment involved.

It sounds to me as though you have your story pretty straight. Do not waver from it. Judges have been doing this for a long time and spotting a liar is remarkably simple.

So as said above, present yourself well, stay calm and polite at all times and don't stray from the truth. If you follow those suggestions, you'll do fine.

reply to post by Perfectenemy05

I have no priors (not even traffic tickets) will they take that into consideration?

I would think they would take that into consideration Perfectenemy.
I also agree with the others in presenting yourself well, stay calm and polite, keep your story straight and remain truthful. Good luck and let us know how everything turns out.

keep your answers short and sweet, dont ramble on or offer more info than whats needed.

Thanks guys...

The biggest thing I am afraid of is going back to that awful place...

I pretty sure I will be slapped with a fine of about $1000 bucks and have to take anger managment classes or whatever.

So hiring an attorney seems unreasonable.

However, I will max my credit card out just so I dont have to go back to that place.

Do you guys think that hiring a lawyer might actually make me seem guilty?

Even though its my right to obtain a lawyer? Because that public lawyer knows so much about the legal system and me as just an average citizen doesent know anything.

What do you guys think?

Hiring a lawyer won't necessarily make it seem like you are guilty. Going back to a courtroom is always nerve racking to a degree. That is due to the nervousness and uncertainty of the situation. A public lawyer(defender) is someone you can get if you don't have the money to get a laywer on your own. You should ask for this if you can't ASAP. It is this person, whether a public defender or a hired lawyer, who will work with the D.A or Assistant D.A., on any possible plea bargain that you might wish to make. This hired lawyer or public defender will advise you as best he/she can on the finer points of the law. This also depends on that person's case load as well. The "people", in the form of the D.A. or Assistant D.A. must always show up in Court, even if it is just to request a postponment to a later date. They do not necessarily have to bring witnesses to the first hearing, at least if they are going to postpone the hearing to a later date. And like others have said in this thread, always answer the questions directly. Never try to add anything extra to the answer. And just as important as answering the question is how you answer the question. The Judge looks at both when listening not just to the defendant in the case, but to the other witnesses in the case itself. The witness statement and any possible testimony of the person with your girlfriend can't be struck from the record. However, the testimony and/or witness statements can be used to show any possible mitigating factors, especially if it can be proven during the course of the proceedings that he has either been less than forthcoming or has plain out lied during them. It is the same for your girlfriend. That makes it extra important that you, yourself, make sure you tell the truth, the whole truth, and nothing but the truth, in any proceedings that happen because of your arrest. If the judge see's that, he will have to take that into consideration during any sentencing hearing. Anyway, the best of luck in your case tomorrow.

reply to post by Wally Conley


The Best advice I have heard on ATS yet....

That is pretty much it.. Having handled thousands of cases, and taking into account your charges, I would guess you are going to Magistrates Court in which there will be no Prosecuting Attorney. Unless you were charged with CDV (Criminal Domestic Violence) I hope you were not...

If the Witnesses fail to show the first time, or the Officer has a conflict, or you for that matter, the Judge will normally just continue for another date. He will also continue it tomorrow if you tell him you have not had time to get an attorney and want to get one.

If the Officer is prosecuting, which in the three states I have policed in is the case in Magistrate Court, you can ask the Officer for a Plea Bargain.

I would SUGGEST.. (REMEMBER THIS IS A SUGGESTION ONLY AND NOT LEGAL ADVICE!!!) Ask the Officer if you Plead Guilty to Disorderly Conduct and agree to fix her car, will he drop the other charges. Disorderly Conduct is not normally something held against you in a hiring situation and is easily explained and even "expunged" later on..

Good Luck and...

STAY AWAY FROM HER.. She is just trouble my friend...

Semper

Just throw a temper tantrum in court, knock stuff over, throw yourself on the ground and scream while beating your fists on the floor. Wear shorts, flip flops and sunglasses to the trial.

Lets see call the judge dude, or in the case of a female judge call her sweet cheeks. They love that...


Oh oh wait, you want advice what TO do not what NOT to do. Sorry I got confused.

Yes, remain calm. dress respectively and answer honestly. Ask to confer with the DA, get a hold of the public defenders office. All good points. Also, don't worry this isn't the OJ murder trial. worst your going to get is a fine, maybe unsupervised probation. Nothing to sweat over. Court sucks it's true, but the judge wants you out of there faster than you want yourself out of there. So do your part and it will be over in like a couple of hours.

reply to post by Perfectenemy05


This is why that whenever a woman cheats on you, leaves you or anything along those lines that would indicate the relationship is over... the only reaction you should ever have is to immediately fall down on your knees and thank the good lord above for getting the miserable ho out of your life. You're free!

Never chase after a girl that does you wrong, you don't need explanations or reasons, you don't need anything from her. Let her go and don't so much as blink an eye in the process, good riddance to bad love.

reply to post by whatukno


"Oh oh wait, you want advice what TO do not what NOT to do. Sorry I got confused. "

lol...I wonder why your confused?
When are you going to stop ignoring me?

Originally posted by Obliv_au
keep your answers short and sweet, dont ramble on or offer more info than whats needed.

I thought this was worth repeating. Don't give answers to questions they didn't ask. Answer the questions simply and don't elaborate unless asked, but tell the absolute truth. I also agree with getting a lawyer. It won't make you seem guilty, just smart.

Thank you all for your advice...

Well I went to court and baiscally nothing happend.

They said they couldnt get a hold of the other parties involved and needed more time so they just moved my court date to may 1st

At that time, if they STILL havent gotten a hold of anyone can I move for a motion of dismissle due to lack of involvment of the other party?

Thanks everyone again.

reply to post by Perfectenemy05


Talk to an attorney about that, the Public Defenders office may be able to help you out with a movement of dismissal. Fact is you probably could have had it dismissed right then if you wanted to. But I don't know.

I would check with the Public Defenders office if your signed up with one.