Pretrial Order

Question: How do I fire my attorney? Can a person file a relief of representation on their own or does their attorney have to file it for them? I have a time sensitive (365 day benchmark notice) divorce with a serious deadline. My attorney was paid in full upon retainer but two other attorneys have not been paid (my husband's unfulfilled obligation) and these unpaid bills are making all (including mine) attorneys involved as about as useful as tits on a bo hog. Nobody wants to do anything but let everything be thrown out and voided. which means I'd have to start from scratch. So I want out from under my useless attorney so that I will be able to go forth with a pro say motion for a pretrial. A pretrial would be enough to keep my child support, full custody, and right of domain intact. Can a person file for relief of representation on their own is again the original question.

Answer: shoot him

Question: Is this prosecutorial conduct ? I have been charged with 2 felonies , intimidation and filing a false police report against a police officer . I have been having trouble with this officer for a long time . In pretrial the judge read the police report and said he saw no evidence of the charges and ordered them to itemize the charges . Another pretrial was set and they never itemized the charges so the judge dismissed without prejudice . Immediately the prosecutor appealled . When I went to arraighnment they used the same exact police report word for word and all they did for itemization was write felony A with a date and felony B with a date .The police officer is gunning for me and and I am sure he is pushing the prosecutor . Is this itemization , I am sure what the judge wants to see is the actual wrongdoing the dates are plain to see in the police report . My lawyer set a date for a motion to dismiss the charges because the prosecutor did not do what the judge ordered them too.

Answer: This sounds like police misconduct. The prosecutor is just doing his job. They always stick up for cops no matter how wrong they are. File suit against the cop and the police department and that might get them off your ass and net you some money damages. If they think you won't fight they will mow you down.

Question: My friend was caught duplicating fake prescriptions for methadone...? she was charged with "illegal process of drug documentation", she had a warrant out for her, she turned herself in, and her case was sent to the municipal courts(in state of ohio). She paid her 10,000 dollar bond and of course was free until her court date....after it was all said and done, nothing was done to her, no fines, no charges, the case was 'a-nolle'. Then a month later, they re-opened her case in the clerk of courts, a summons was issued, another bond was issued, she waived her rights of the arraingment, she got a court appointed attorney.....here is the actually copy of what's posted online: 5/16/2008 ISSUED SUMMONS WITH COPY OF INDICTMENT TO THE SHERIFF 5/16/2008 INDICTMENT 5/19/2008 115 314 ENTRY SETTING BOND,10% OF $10,000.00 AND $5,000.00 UNSECURED APPEARANCE. 5/23/2008 115 507 ORDER SETTING PRETRIAL. (7-14-08 10:00 A.M.) 6/4/2008 NOTICE OF ARRAIGNMENT. (6-11-08 9:15 A.M.) 6/11/2008 Courtroom Proceedings recorded on:6/11/08 6/11/2008 116 568 RECOGNIZANCE OF ACCUSED POSTED,10% OF $10,000.00 AND $5,000.00 UNSECURED APPEARANCE.BOND BOOK.28 PG.259-260. 6/11/2008 BOND RECEIVED Receipt: 149280 Date: 06/11/2008 6/16/2008 WAIVER OF READING OF INDICTMENT 6/16/2008 WAIVER OF SERVICE 6/18/2008 FOR SERVICE & MILEAGE RET 6/18/2008 117 29 APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANT 6/18/2008 117 30 AFFIDAVIT OF INDIGENCY/FINANCIAL DISCLOSURE FILED 6/18/2008 RETURN OF SERVICE (PERSONAL) OF SUMMONS ON INDICTMENT. SERVED DEFENDANT ON 6-11-08. 7/9/2008 MOTION FOR CONTINUANCE OF PRETRIAL CONFERENCE. 7/9/2008 118 130 ENTRY,CONTINUING PRETRIAL CONFERENCE. (8-28-08 1:30 P.M.) 9/5/2008 In County Drug Testing Receipt: 154719 Date: 09/05/2008 Now here is my question? Overall, yes she is a good person, she does not have any other priors, and she is a good Mother(to a point), But, will she serve any time? Or do you think she'll get off scott free? I think she should have some sord of punishment, but I am just curios if the courts will do anything. I feel as if the clerk of courts re opened her case in another court for some good reason????? She is getting drug tested, so that's somewhat good, but I wanna know what happens in most cases like these. It was Methadone! 1 day ago - 2 days left to answer. Additional Details 1 day ago The only reason why I say she is a good person overall, because it's not like she's a murderer, and her attorney will use that to defend her case. That... she works she's been clean she's a good mom blah blah blah blah So with all that said in court, the judge my havea heart, idk????

Answer: The forgery is a Felony. However, she has been clean and if she were to go through a detox program it would weigh favorably with the judge. Cases involving methadone are unfortunately being treated with extreme bias these days due to the stigma with the medication so she needs to get as much on her side to show this was an addiction driving the action and she is getting help for it as she can. In which case she will most likely get probation.

Question: are these the correct steps in a trial procedure? 1.Filing of complaint by plaintiff 2.Filing an answer by defendant 3.Pretrial discovery 4. Trial Begins 5. Opening Statements 6. Taking of evidence 7. Closing arguments 8. Judge's charge to the jury on laws 9.Decision 10. Post-trial motions 11. Appeal Does post-trial come after appeal

Answer: I believe you have the order correct; post-trial motions would come before the appeal.

Question: how much time could you do if your with someone with a order of protection against you? your with someone who happens to be semi family to you and you get caught with them how much time could you do? if your on probation, pretrial or parole? well its not me its my fiance (this might be hard to understand) but its his brothers baby mothers brother who put the order against my fiance. its over my fiance knocking out the brother by one punch but i know that the brother and his father are dropping the charges i believe and the brother always calls and picks up my fiance to go out and what not. its practically soon to be legally his family that's why he associated with him

Answer: This would depend on the seriousness I would think. If you have an order of protection against you I would assume it's straight to jail for opposing the order. I think you would be tempting fate there. Seriously is is worth the risk? It would be better to have legal advice and see if the order can be lifted and withdrawn, with the other parties consent of course.

Question: Should I press charges or drop? Should I get an EPO or a lesser order? PLZ! I NEED HELP!? Taken from my previous post: Can I have charges dropped on my husband if I wasn't the one to originate the complaint? My husband put his hands on me and shoved me, then proceeded to put his hand on my neck and push me against a wall. My father became aware of the situation and called the police. My husband and I are 31 & 26 .... I do have children involved. I want things to change. I want to get help for him AND myself and I don't want him to come back to me me unless he turns his life around. All I'm asking is if there is anyway that I can have the charges brought against him by the state of KY dropped. My father made the call, he told the officers what had happened, they asked me if that was the truth... I told them what happened. Can I now have the charges dropped? 2 hours ago - 4 days left to answer. Additional Details If so, how? What do I need to do to have them dropped? 2 hours ago "As a final note, there is no ‘mandatory prosecution’ law, or ‘no-drop policy’ law, in Kentucky. However, each prosecutor has the discretion to either prosecute or dismiss a case as they deem appropriate. Therefore, victims should be aware that, in a criminal prosecution, they are the prosecuting witness only; they do not necessarily have control over what happens to the case." --- Taken from the KDVA website So... I actually will have to sign a sworn oath stating what happened and decide to press charges between now and Wednesday. They called me this morning to put in a petition for a "surety bond" ?? The Pretrial Officer... I didn't quite understand how all that worked so I stated no at the time... then, they had my husband call from the jail and ask me to set forth the petition. It may not even be changed from the cash bail it is now set at. I have so much on me. We have never had anything like this happen before. I don't know what to do. People are pressuring me to press charges, file and EPO and push, push, push... I don't feel right about the EPO. I really don't think it's needed in our case. He's not going to come back half cocked at me... more than likely at my father. ?? His court date is set for Wednesday. Do I contact him, see where he stands... as far as if he will get help on his own, I won't press charges. But if it's looking like he is hard and angry, go forward with the charges and maybe the EPO? Agh.. I am so broken over this!! Please help!

Answer: Divorce his ass.

Question: Two questions about DUI terminology? as in terms of a dui, and proper court hearings, what does "pretrial suspension imposed order" mean?? also, how does an administrative license suspension(ALS) tie into that?? what are the next steps going to be as in terms of court proceedings? any answers would be greatly appreciated.

Answer: This a guess, only. I imagine there was evidence on a Blood Alcohol Content test of .08 or more. That may trigger the "pretrial suspension." You should have both a criminal trial for the DUI and an administrative hearing before a Dept. of Motor Vehicles representative. The criminal trial would relate to any jail time and fine, and the administrative would relate to the length of your operator's license suspension. You may well have not been drunk; but, the Mothers Against Drunk Driving have control over all 50 legislatures and the congress. You should consider hiring a lawyer who is schooled in DUI in the arrest jurisdiction.

Question: If you have a criminal record in Illinois but are applying for a job in CA., what will they find? The job application said Do not answer "yes" for: a conviction for which the record has been judicially ordered sealed, expunged or statutorily eradicated; misdemeanor convictions for which probation has been successfully completed or otherwise discharged and the case has been dismissed; any arrest for which a pretrial diversion program has been completed; or any marijuana conviction which is more than two years old. The person was released from conditional discharge a year ago. There is also a felony arrest record. There is not a felony conviction, only felony arrest record with misdemeanor conviction.

Answer: I will respectfully disagree with the poster above about the felony conviction. You do not have a felony conviction. By your own statement, it was an arrest,but the conviction was a misdemeanor. On job applications, only convictions count. On the terminology of the application, it says not to list any misdemeanor for which probation has been successfully completed. Using that guideline, you do not have to list anything and you are well within the guidelines and not lying. Best of luck and I hope you can find this useful

Question: I've noticed there are multiple pretrials before jury trial, BUT? I've been charged with violating a harasssment restraining order, and the final pretrial has been set to march, are there normally multiple pretrials or usually just the final one, my lawyer doesn't return my calls and i'm concerned I was looking for a friends apt, when I saw her and she called the police and I was arrested.What usually happens at final pretrial, aren't deals normally reached to avoid trial in many cases?

Answer: Yeah, your attorney and the D.A. should be talking about a deal right about now. if your lawyer is not returning your phone calls, fire him or her and find another one.

Question: Husband has filed a motion for me to vacate marital property? We go to court next week. Can this be done given the fact that I'm 33 weeks pregnant with his child and have a 10yr old daughter? He's doing this because i filed and was granted a restraining order against him. (home is in his name, married close to 3yrs, pretrial for divorce in Nov.)

Answer: I wouldn't budge. He can't do a thing.

Question: Financing vehicle, when husband ruined my credit.? Help! Judge signed 12-month family violence protective order during pretrial divorce hearing one week ago. He also awarded me my truck, and in all of his wisdom the truck payment. I know now I was an idiot, but... I left the finances up to my husband for 5 years. I trusted the moron! I pulled a credit check on myself today, only to find he did not pay over 5,000.00 of my hospital bills over the years. I left in let us say, a bit of a hurry, and do not have any money of my own. I am actively seeking employment and am waiting for reciprocity on my EMT license. I have 90 days to put this truck in my name. It is valued at 16,000 and change, and according to the idiot has a balance of 9,000.00. He has problems with the IRS, and claims to have no assets. By him, I mean his business, which he claims is not busy now due to the economy. Yeah right and I can sprout wings and fly. He pleaded poverty to the judge, but I do not think the judge bought it.

Answer: If you can't afford to keep the truck,Sell it or let your ex have it if it's possible, either way do it soon. (Don't think of it as giving the truck to your ex, since what you're really giving him is the monthly payment.) Don't default on any like another writer suggested -- that would be a VERY big deal. It will create a stain on your record which will hurt your ability to get financing in the future, and they will repossess the truck anyway if you default on that. If you need a vehicle, get a smaller, cheaper one that's used and is easier on gas. Call the hospital and tell them you can't afford to pay the $5,000, and start negotiating with them. They will negotiate with you because they'd rather see some of the money than none of it. Also, what are the positive lessons about yourself that you can get out of this situation? (Not lessons about your husband, but lessons about you.) You're not going to have to live with your husband anymore but you're going to live with yourself the rest of your life, so what can you do differently -- both with your thoughts and your actions -- that would keep you from getting into this kind of situation ever again? Write them down on a piece of paper.

Question: Family Court Temporary Custody Change, is material change in circumstance required? Family Court Custody Battle. Temporary pretrial relief custody orders. Each hearing resulted in a new order. Original order gave joint legal custody. Subsequent orders failed to renew the joint legal custody and joint legal custody got lost in the shuffle of newer orders. Is a material change of circumstance required to change the joint legal custody? Or, can a judge change it without any reason just by forgetting when renewing orders? There was no continuation clause or wording that would indicate whether elements of the old order still applied or not. It appears that each new order was intended to replace the older order. However, common sense would appear that certain elements of the old order would still stand such as child support, or order not to dispose of marital assets. But that would then leave open a large door of gray area to pick and choose what still stands and what does not. I did file a motion asking the judge to clarify by adding some of the original language to the new order. The judge refused without comment.

Answer: It's a temporary order, which is not the same as a permanent order. It can be changed any time. Be careful, however, when reading the court's new order. Usually a judge will just make whatever changes have been requested, and the order will add, " in all other respects the previous order remains in effect." Or similar wording. That would mean the joint legal custody remains unaffected. If it is not there, or it is ambiguous, file a motion for clarification regarding joint legal custody, especially if the other side did not request a change in legal custody.

Question: What should I put on my application? Yes or No? Well I have been arrested before one day. Because I slapped my husband he said a hurtful word to me. I know that what I did was wrong. He did not care though he just laughed but my neighbors actually called because we were outside and I was crying and screaming. Well anyways that is not the point. They took me to jail and gave me family violence. Stayed overnight got out and went to court when my court date came. I don't really know what the judge told me very well. It has been so long ago. But I think that he said he was going to take everything off. So it was a class b misdemeanor in the state of Texas. I am filling out applications right now. Yesterday I got my criminal history checked and it said I had no criminal history I did it through the state of Texas. But I am worried because I know about me and when I went to court. So say that the judge did not clear that off of my record. What should I put on my application pertaining to these questions and the information I gave you I am so confused. HAVE YOU EVER BEEN CHARGED FOR A POSITION OR RESIGNED TO AVOID DISCHARGE. HAVE YOU EVER BEEN CONVICTED OF, PLEAD GUILTY OR NO CONTEST TO, RECIEVED A DEFERRED ADJUDICATION SUSPENDED SENTENCE OR ACCEPTED ANY OTHER COURT RELATED SENTENCING PROGRAM? ARE ANY CRIMINAL CHARGES CURRENTLY PENDING AGAINST YOU? HAVE YOU BEEN CONVICTED OF AN OFFENSE AGAINST THE LAW OTHER THAN A MILD TRAFFIC VIOLATION? HAVE YOU EVER BEEN PLACED ON PROBATION, FINED, ENTERED A PRETRIAL, PLED NO CONTEST OR HAD ADJUDICATION WITHELD BY COURT, JUDICIAL OR QUASI, BODY FOR FELONY OR MISDEMEANOR? Well please answer all of these in order as I am filling out quite a few job applications. Thank you so much yahoo answers for helping GOD BLESS

Answer: no, on conviction . were not convicted. no on probation didn't get probation. i got arrested for criminal damage of a fight with x husband. i was told to put NO. i was deferred and did counseling. no conviction. no probation. no felony

Question: how do you get your ex's ex girlfriend to leave you alone? this girl has already been arrested, charged, and is finishing up her pretrial diversion for aggravated stalking both myself and my children. i am in the media a lot and have quite a bit of notarity. she puts personal information about my children out for everyone to see. the no contact order given to me by the court doesn't work. she just recently went as far as emailing my 11 year old son. what should i do? i don't hate her. i feel sorry for her and want to her to get some kind of help. she has been arrested and i have a restraining order. the girl has done her research. she will quit at nothing. i mean she was even in the national news for being arrested. she has violated her no contact order 4 times in the past 2 months and nothing is done. i keep journals. i call law enforcement. i mean she threatened to shoot my children and myself. if she keeps getting away with this, i am afraid my children may end up hurt. i am at a loss...

Answer: keep track of every bit of contact, and call the police every time. if you don't you are saying that it's ok to ignore the court order basically. how does she have your 11 year old's email? that's really weird that someone other than you knew it and gave it to her, cuz i am assuming you didn't give it to her. you don't have any need to help her, she isn't your responsibility, you should be more concerned with helping your children not be traumatized by this person. how do you know she is not going to show up at their school? i'd get a video surveillance system, they sell em at costco and stuff. she should be on some type of probation or parole, so get in contact with her probation/parole officer, as i am sure they will be interested in this.

Question: Can someone tell me what this means, thank you? 11-20-09 Minute Entry - Minutes for Pretrial Conference Judge: ROBERT PRESENT Defendant not present Video Tape Number: n41 Tape Count: 11:42- HEARING Defendant failed to appear court orders for warrant to remain 11-20-09 Note: Bond is lost and exonerated as clerk failed to commence bond forfeiture within 30 days of FTA Thank you guys. So what happens if the person does not show at all and what does FTA mean, :)

Answer: It means that the defendant failed to appear in court & his bail was forfeited,i.e. whoever paid his bail won't get it back. It also says that a warrant for his arrest still stands.

Question: Does ACLU have a say in regulating internet pornography like its ex-president wanted ? A former executive for the American Civil Liberties Union of Virginia has been sentenced to eight years in prison after he admitted having "graphic and violent" child pornography. The guilty plea was entered in court in Virginia by Charles Rust-Tierney, where he was immediately sentenced, according to a report today from WJLA television. Rust-Tierney previously had served as the president of the Virginia chapter of the ACLU, and admitted his guilt under a plea bargain. He had been in jail since his arrest earlier this year, because two separate judges in pretrial hearings had rejected his request for freedom, describing the pornography as some of the most sickening they ever had encountered. It was Rust-Tierney who, nearly 10 years ago, had argued before the Loudoun County Library Board against any Internet filters on the computers at the public facility. The library, which had been using filters on its computers, was ordered to change its policy by a federal court. "The ACLU of Virginia urges the board to carefully consider a new Internet Use Policy that allows for maximum Internet access…," he said at the time. He encouraged the library board to recognize "that individuals will continue to behave responsibly and appropriately while in the library," so therefore "the default should be maximum, unrestricted access to ... the Internet." . As WND reported, the 51-year-old was arrested in February and was indicted in May on charges of having what a U.S. magistrate described as "the most perverted and nauseating and sickening type of child pornography" she ever had seen. He was the Virginia ACLU president until 2005 and served on the group's board until the day he was arrested. Authorities said he used his own credit card and his own e-mail address to access and purchase an estimated $1,000 in graphic and violent child pornography during 2005 and 2006, according to Virginia's North Country Gazette. Magistrate Theresa Buchanan said the material included an extended video featuring the sexual torture of children, accompanied by a song by the band called Nine Inch Nails. Don't you find this ridiculous ? A paedophile hiding his real intentions ? How important is the ACLU in "reglating" pornongraphy ? Does it stand against or for child pornography and paedophilia ?

Answer: I am tired of the ACLU. I think that they used to do good work with the civil rights of blacks, etc., but they have gone too far in my opinion. I'm sure someone will come on here and rip me apart for that and say I don't know what I'm talking about, but oh well. As for the violent child pornography that the Virgina ACLU president purchased, I am sickened. SICKENED. I won't go as far to say that he represents what the entire ACLU stands for, because I don't believe that they are for violent child porn (at least I hope not). But, the fact that this prominent man did this, and I didn't hear about it at all on the news? This is just so very disturbing to me. What will his sentence be, I want to know.

Question: Child support? My soon to be ex-husband and father to my son owns a business and hasn't filed taxes in over 3 years. During a pretrial conference he claimed to make a certain amount and ordered to pay child support based on that. He hasn't provided his financial statement to the courts. I have an attorney, but want to know if anyone has gone through this process and if so what happens? Thanks Thanks 'skay'. I don't know why some people bother answering, like 'lil c'. I blocked her. I wonder what the "C" stands for? LOL

Answer: He will have to provide some type of proof about his income. In the final motions, the judge isn't just going to take his word for it.

Question: Biased Judges? I believe a judge to be biased and talking to the other side without my counsel present in a custody hearing. I have had custody of my 3 kids for over 8 years. And now because the father has been proven of abusing them I refuse to let them go for visitations. SO he has filed for custody. He is spreading word around that the court has already made a decision on it and we havent even had more than a pretrial hearing. My kids are teenage and pre teen years. They dont want to go to dads and are petrified to go. I think that the judge in the case is working against me behind the scenes. ANd im sure she is biased. I want an administrative judge to take over. HOw do i do this and how can i prove bias or prove reasonable doubt that the judge is not unbiased or have a conflict of interest on this case. This could mean losing my kids and going to jail. Also if someone is ordered 90 days in jail but the court hasnt persued it, can I ask for the sentence to be suspended or even dropped. I wanted to add to this that I do have an attorney. But he is somewhat hard to get ahold of. THe problem is that i was told by CPS in my state to not allow the kids to go because of the accusations and the fact that they were found to be justified. I went into the contempt with out a lawyer, requested on and was denied. The judge refuesed to allow me to say anything about the abuse ans would only let me say yes or no. She has always been aggressive towards me but ignoring the fathers aggressions on the case. I dont see how he can even get custody when he dont even have a place to live. He is staying with his mom, uncle and 2 brothers.

Answer: If there is a Court order requiring visitation, you're not going to be allowed to "refuse" to allow your children to visit with your ex husband, no matter what. You can REQUEST, due to the proven abuse, he be denied visitation or given supervised visits, but you cannot just make the decision that they're not going. You will lose that battle, BIG TIME... and your kids will suffer for it. So be careful when/where you take a stand on that issue! Second, you're getting pretty upset based on a rumor your ex husband is spreading. Unless you can prove the judge is biased and is dealing outside the courtroom, you'd best not bring it up, or you will look really bad in Court. You need to talk to your attorney and see what he recommends. Why would anyone want a non-judge to adjudicate this matter? An administrative judge is NOT a judge... just a person appointed to make a decision. You need some good legal advice, and you need it now. You're really working against yourself here... The judges I work with bend over backwards to remain unbiased... but they have to follow the law. If you don't have an attorney, you can't possibly know what the law is. And what you THINK and BELIEVE and WANT have no bearing on the law. I'm not even going to address the 90 days jail issue. It sounds like you don't have an attorney... so you have no one to interpret for you what happens in the Court room and what the Court order was for that time. Unless I'm looking at the court order, there's no way I can tell you what happened with the 90 days.

Question: NEED ADVICE FOR 2ND OWI ? so went to court once already not charged yet. they posted a 750 dollar CASH bond i only had 500 so i sat in jail for about 5 hours. got out. the court ordered SCRAM bracelet alcohol monitoring for 3 months, which is 87.50 a week to pay for. im going to a community service place that checks up on me TWICE a week and so they can download the bracelet info to see if i've been drinking.(which i havent) then i have to get a ignition control thing on my car for a self breathelizer which is lots of money. attend driver saftey classes. MY QUESTION IS AFTER ALL OF THIS I GOT A PRETRIAL OFFER TODAY AND ITS 120 DAYS IN JAIL, 18 MONTH LICENSE REVOCATION, AND THEY WONT MAKE ME PAY THE CITATIION. ok i cannot go to jail. im in college and finishing up my degree and sighned up already for next semester. i have a job. IF i get put in jail that will detour my life even more. i already started putting this mess back together and jail time will ruin everythingl.\ DOES ANYONE HAVE ANY ADVICE TO COUNTER THE PRETRIAL OFFER IT SAYS ON THE LETTER YOU CAN DO SO IF YOU STATE GOOD REASONING thank you all

Answer: State the college as the reason and ask for periodic confinement, which could be weekends or scheduled around your classes.

Question: Will Obama appear before a Jury of his Peers? Seems Judge Cater has ruled in favour of the Plaintiff. Court now orders those dates be made final. Case Management dates are as follows: Motion for Summary Judgment Hearing December 7, 2009, at 8:30 a.m. File Motion for Summary Judgment November 16, 2009 Opposition to Motion for Summary Judgment November 26, 2009 Reply to Motion for Summary Judgment November 30, 2009 Final Pretrial Conference January 11, 2010, at 8:30 a.m. Jury Trial January 26, 2010, at 8:30 a.m. Will Obama finally reveal his background? Keeping an open mind is a good thing, how can anyone either confirm or deny the matter when it has yet to be seen?

Answer: No he won't appear and cite executive privilege and maybe use that Nobel money for more lawyers, he will hang it up as long as he possibly can, as he is afraid of the truth what ever that might be