Evidentiary Hearing

Question: If a judge decides to exclude the evidence at an evidentiary hearing, is there any way it may be introduced at? there is evidence that the police conducted searches of the client's vehicle and residence in violation of constitutional provisions.

Answer: The D.A. will have to appeal the judge's decision to have the evidence readmitted. Since this was a constitutional matter I don't think the D.A. is going to waste their time. If this was the only evidence in the case your attorney should ask the court to dismiss the case.

Question: I was served this morning with papers to attend an evidentiary hearing... My car was stolen about 8 months ago, and they caught the guy. I've told both the police and lawyers everything I can - not sure what else they want me to say. What is this evidentiary hearing about and why would I need to be there? Not that I don't want the guy to get convicted - I do - but I'm loosing another day off of work, and I'm not really sure what purpose me being there will have.

Answer: Telling them is one thing. Testifying is another; and the accused has the right to face his accusor. Go. Who knows?

Question: Do witnesses give testimony at an evidentiary hearing?

Answer: yes

Question: EVIDENTIARY HEARING? How do I sell my plea to the judge? Im on probation and have been for three years. I have succesfully completed ALL programs and was clean for two years! Then my husband died and I relapsed. I dropped dirty 2 or 3 times and missed one appointment. I caught a new paraf. charge. This happened back in sept. Sence then I have been clean, Attend two NA meetings a week, outpatient treatment once a week, one on one counceling, joined a new church and attend three times a week have a full time job and My probation officer is on my side. At the preliminary hearing the county ATT. said she is going to ask that I be revoked! I couldnt believe it! I balled my eyes out and even my po couldnt believe it! Now an evidentiary hearing has been set for two weeks from now. What should or can I do to increase my chances of not being incarcerated? How do I convince the judge that I am a good person and to give me a break? and what are the odds that I may get another chance? it was a hefty D charge. Please help if u can.

Answer: Emphasize the facts that you completed all your programs and were clean for two years. Explain the circumstances about your husband's death. Ask your probation officer to give testimony if possible. Good luck.

Question: evidentiary hearing reguarding change of domicile? i have a 15 yr old dtr. that i am trying to move to fla. we gave family there & have discussed visitation options with my soon to be ex, of course he doesnt want this move to happen but it has been a plan for 3+ yrs due to the economy here in mich i have been unemployed since nov.08 i have a job avail. in fla working with my mom, what would be the best advice anyone can offer about this evidentiary hearing??? i have my oldest dtr. coming to ct for it my mom offered to come but after speaking with an attorney over the phone he told me she may not even get a chance to speak,so i told her not to waste the money flying here for it. so what kind of evidence should i present?? we dont have lawyers.

Answer: You make no mention how this would benefit your daughter, only you. Why not give the father custody for that you can move? Than you can have the same long distance visitation rights you want to force on him. In over 60% of the cases, mother who live in another state begin denying the children access to the father, and alienate them from the father. If you want to move, offer a $10,000 cash or certified bond, forfeited to him the first time you violate his access rights. That's what you'll be asked about, if he's been in contact with me. If you really do have this good job there, you certainly can afford the payments on a certified band, or you could ask your mother to put her home up as a guarantee. \\\\\\\\\\\\\\\\\\

Question: Help!!! i need to find a form for a withdrawal for evidentiary hearing...can anyone please send me the link??

Answer: www.findlaw.com

Question: Court Hearing in School? So recently i got into a bit of trouble and was suspended for five days because i took another student's prescription Adderall so that i could study and take a test without being tired. I was suspended and given a evidentiary hearing where my punishment is suppose to be given. Has anyone have this problem and what do you think my punishment would be? They take grades into account and I'm ranked 6th in my class with grades averages around 98-100, this is my first offense =\ The administrator said these are my possible outcomes: 1. Alternative/Juvenile School 2. Back to original school with 1 semester probation 3. SKIP Program (which is a rehab program) and back to school no probation 4. Expulsion So what do you think willl happen? My hearing is tomorrow, I appreciate the help =]

Answer: .No one here knows your school, your background or the districts procedures. We have only heard one part of the story and do not know your disciplinary background. I know that it is difficult but you will just have to wait and see until tomorrow. The school will probably allow you to have present an advocate or an attorney. That would be desirable. Speak to your parents about that.

Question: As a pro se plaintiff, how do I address this evidentiary issue before the United States District Court? 1983 Civil Rights complaint lodged against 3 state defendants here in Montana; trial is in 2 weeks. Judge has ruled I can't offer evidence to jury about the another individual's santions I was arrested with. In 2003 I and anther individual were on community release from jail & we were arrested together for violating release. In my Complaint I allege that I was not offered an impartial revocation hearing because the same individual to investigate the charges also adjudged the violations & sactioned me back to jail. I was granted habeas corpus relief on this issue and now seek to impose tort liabilty. After 602 days of illegal incarceration I was given another hearing and, again, my release was revoked. This issue is unchallenged, but the defendants intend to defend by telling the jury I was not injured by this violation because the later hearing was also a guilty finding with the same sanctions. For damages and such I need to offer that the other person was not revoked? How?

Answer: Are you sure you are entitled to an impartial revocation hearing? If those are the procedures established for that sort of proceeding, you might be out of luck. If it is considered to be not a "trial" per se you might not be entitled to the same Constitutional rights as for a trial. I'm inclined to say that the treatment of the other individual is not part of your prima facie case for whatever you are alleging and would just be prejudicial and misleading. You need to find out what evidence is admissible. For a case like this you really need a lawyer. Talk to the court and/or your local bar association to get a referral. You may be able to find someone to do it pro bono.

Question: Is this a hearsay statement as testimonal? Ptlm. Martin Hayden stated he approached a motorist who pointed to the intersection of Cleveland avenue, and Walnut Avenue and the driver of the vehicle stated,, quote he almost killed me, unquote.The trial Court should entertain a motion in limine for an evidentiary hearing on the admissibility of identification testimony by the alleged victim who stated quote he almost killed me, unquote. To admit that testimony into evidence violates the confrontation clause and admission of the testimony ruling is law of the case. The version of the criminal episode described by the alleged victim quote he almost killed me, unquote clearly raised the issue of whether defendant was at risk of death or injury.

Answer: Well, the rule providing for confrontation does not arise at the scene, but rather in court. If charge, he has the right of confrontation unless he chooses to waive it by failing to appear. The statement, even if it arises to hearsay (which it may not), is admissible as an excited utterance, which is an exception to the hearsay rule. ** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. Answering this question does not indicate an attorney-client relationship. **

Question: what do you think of this navy seal typical? LAS VEGAS -- Federal agents seized five pounds of C-4 military explosives from the home of a man accused with a Navy SEAL and a Las Vegas associate of smuggling machine guns from Iraq into the U.S. for sale and shipment to Mexico, authorities said Thursday. Grenades and night-vision goggles also were found in the Colorado home of 34-year-old Richard Paul, according to federal prosecutors and federal Bureau of Alcohol, Tobacco, Firearms and Explosives agents in Las Vegas and Colorado. Paul and Andrew Kaufman, 36, of Las Vegas, were arrested Wednesday and appeared Thursday before federal magistrate judges in Durango and Las Vegas on conspiracy charges. Each was ordered held in federal custody pending an evidentiary hearing. They are accused of conspiring with Navy SEAL Nicholas Bickle of San Diego to smuggle and sell weapons to an undercover federal agent in Nevada and Colorado. "As long as they got paid ... they didn't care if the weapons wound up in Mexico or on the streets of Las Vegas," federal prosecutor Drew Smith told U.S. Magistrate Judge George Foley Jr. in Las Vegas. Smith characterized Bickle, 33, as a "rogue Navy SEAL" -- an active-duty special warfare operator 1st class who Smith said also worked as a consultant on the Hollywood movie "Transformers 3." Bickle was arrested Wednesday and was due to appear Friday before a

Answer: There's a few rotten apples in every barrel. So what? That's why there's NCIS. --- Kasey C, PC guru since Apple II days Make it idiot proof and someone will make a better idiot.

Question: Unlawful detainer steps? -Landlord files complaint with the court. -That order may include an order of restitution. -If the tenant responds, an evidentiary hearing must be held. If the tenant does not respond (s/he defaults) no evidentiary hearing is necessary. -The court issues an order that gives the tenant a specific date by which to move out. -The sheriff removes the tenant's belongings from the property and restores the premises to the landlord. -Landlord serves the summons and complain on the tenant. *I need to put these in order, but in my book it doesn't have all of these steps. Can someone please help me or at least give me a website to find these on?

Answer: The landlord files the order may include an order of restitution Landlord serves the summons and complaint on the tenant If the tenant responds, evidentiary hearing must be held The court issues an order that gives the tenant a specific date to move out The sheriff's dept removes the tenant and belongings from the property and restores the premises to the landlord. I hope this helps and you can find it useful

Question: Why is FDA making companies pasteurizing foods (fruits, nuts, etc.)? In 2007, the USDA, FDA, and the California Almond Board (California produces 90% of the entire world's almond crop), issued a statement that both raw and organic almonds would require pasteurization "for consumer safety" yet they would still be labeled as raw, and neither that nor the details of the process need be disclosed in labeling. The Almond Board contends that just two salmonella and almond incidents in the last five years warranted this action.Consumers Want Natural Almonds Without tampering, almonds are one of the most nutritious of nuts, and one of the original health foods; but in the current scheme of things, they have fallen prey to "protective processing" and dousing with chemicals to "keep us safe";. The Weston-Price Foundation makes this statement on their web site regarding almond pasteurization: "It is very clear that the FDA does not understand the origins of the massive immune depression epidemic in America. A sterilized diet makes for a weakened immune system." Consumers have already rallied behind many organizations who are demanding justifying evidence for a policy that renders raw almonds inedible for buyers wanting organic food. The Cornucopia Institute helped almond growers file a lawsuit against the USDA, contending it exceeded its limited authority issuing the pasteurization mandate without consulting consumers, and with no evidentiary hearing. Why? Due to two isolated cases of the salmonella infection… And what’s hard to understand is that almost 40,000 Americans die each year from a salmonella infection and I fail to understand (if we go by the numbers) how banning the selling of raw almonds will make the situation any better! Methinks, a result of misdirected enthusiasm, perhaps! Or is it another conspiracy theory? So, in using logic, does this mean that the government should ban all fresh produce? Why I ask this is because tomatoes, spinach, green onions, peanuts, grapes, melons, lettuce, and sprouts have at some point or the other over the past ten years been involved in salmonella outbreaks and I’m sure some of us are looking for a little consistency here! Source: Eat and Drink Better web site - Almond Growers sue the USDA about Mandatory Pasteurization.

Answer: Why does the govt now regulate that all mattresses must meet mandated standarts for fire retardantcy when although import only 350 people a year die smoking in bed and approx. 1000 people are injured? http://www.stlbeds.com/mattresses/firelaw.php ?

Question: How can I defend myself in an unemployment appeal? Last year, during a time when I was unemployed, I was given a demand to repay an overpayment($3000+) from the South Carolina Employment Security Insurance Commission. In short, the unemployment office. The issue was that I was "unavailable for work" because of school, with the Unemployment office saying it "might" be because I can't be fully available for work while in school. My argument is that these were online classes. Also, in my statement it clearly says that I am willing to modify my hours. Their rebuttal is that I can't do this because of a statement on my school's website, to which I responded that I can drop a class. Pass or fail, it can be done and that I made the statement before this issue. This began in October of 2009. On the 20th of July I received a letter stating that I have an appeal NOT for overpayment, but "an evidentiary hearing regarding the timeliness of your appeal." I started complaining about the issue the day of my letter, and I wasn't given any information on how to appeal until after being put through a game of phone tag for weeks. Even when physically visiting my local office, I was repeatedly told to contact the overpayment department and shrugged off. When contacting the overpayment office, I was told that the only reason I would talk to them is to make a repayment plan. It wasn't until doing my own research on the SC Employment website-which is riddled with broken links and often unreachable-did I find appeals information. What can I do to protect myself in this Timeliness Appeal? PooPooLaTrash> I do have letters, though only for overpayment and such. That's part of the problem I have with using proof. This is a really small, backwater part of the South. Not the worst, but bad. The unemployment office does not accept/answer emails, and even the headquarters in Columbia lacks answering machines. I plan on using these facts as a defense, but I'm afraid of the "hearing" being a one way conversation.

Answer: Do you have any phone records or copies of letters/emails that would indicate the dates you tried to make contact? If so, those would be helpful.

Question: Can my boyfriend sue my EX for misleading and false statements? My Ex is taking me to court to get custody of my 13 year old girl and my 16 year old boy. Within his complaint he and his lawyer lied about my boyfriend's criminal history. They have clearly stated mis facts and misleading statements. My lawyer has responded to these claims, but I am still in the mix of this whole thing and I don't know if the Judge will give me an evidentiary hearing or not to have the opportunity to explain this whole mess. So in turn it has affected my boyfriend and put undue stress within his life and of course mine. We are planning on building a life together and I would like to know if he can sue and what would he be suing for? Emotional distress? Any advise would be helpful! Thanks!

Answer: I doubt in the course of a custody dispute, he'll be able to prove any rewardable damages to a jury. It's a custody dispute. Go past it.

Question: im british is this typical of your american navy seals? LAS VEGAS -- Federal agents seized five pounds of C-4 military explosives from the home of a man accused with a Navy SEAL and a Las Vegas associate of smuggling machine guns from Iraq into the U.S. for sale and shipment to Mexico, authorities said Thursday. Grenades and night-vision goggles also were found in the Colorado home of 34-year-old Richard Paul, according to federal prosecutors and federal Bureau of Alcohol, Tobacco, Firearms and Explosives agents in Las Vegas and Colorado. Paul and Andrew Kaufman, 36, of Las Vegas, were arrested Wednesday and appeared Thursday before federal magistrate judges in Durango and Las Vegas on conspiracy charges. Each was ordered held in federal custody pending an evidentiary hearing. They are accused of conspiring with Navy SEAL Nicholas Bickle of San Diego to smuggle and sell weapons to an undercover federal agent in Nevada and Colorado. "As long as they got paid ... they didn't care if the weapons wound up in Mexico or on the streets of Las Vegas," federal prosecutor Drew Smith told U.S. Magistrate Judge George Foley Jr. in Las Vegas. Smith characterized Bickle, 33, as a "rogue Navy SEAL" -- an active-duty special warfare operator 1st class who Smith said also worked as a consultant on the Hollywood movie "Transformers 3." Bickle was arrested Wednesday and was due to appear Friday before a

Answer: Copy Paste from Military.com hmm your a smart one, couldn't fit the whole page i see. Lets end this by saying. 1. Your a troll 2. British funny your profile says New Jersey 3. Get a Life

Question: What significant event signalled seizure of our government by subversive lawyers and others? In 1956 Lawyer's Edition 2nd of the U.S. Supreme Court Reports began. Its first Case - 1 LEd 2nd 1 concerned an FBI informer who testified against low-ranking communist party members. When he sought to identify high-ranking state and federal officials as party members, the attorney general's office asked the U.S. Supreme Court to remand the cases to the district courts for an evidentiary hearing to determine whether their witness was incompetent. The Court opted instead to simply reverse the convictions. When we reached book 100 of Lawyer's Edition 2nd, no 3d edition was started ....

Answer: You can probably go way back to the 13th Amendment, the original of which purportedly disappeared during the War of 1812. Ever wonder why the British didn’t destroy much beyond Washington DC. The 14th through the 17th Amendments also hobbled the rights of state citizens and made the corporation known as United States much stronger. Then you’ve got the Federal Reserve Act (an act of treason if there ever was one) followed by the Income Tax Act. Then the Crash of ’29 created by the Fed, abrogation of the gold standard and the confiscation of all privately held gold by Roosevelt in 1933, followed by the bankruptcy of the United States and the making of every man, woman and child collateral for the debt. Then the Social Security Act of 1935 which made it a cinch to collect the income tax. BTW, Social Security is voluntary just like the income tax. But what a snare those two are. Then the Buck Act of 1944 which just about destroyed any semblance of state’s rights. And LBJ’s 1965 decision to dump silver, the last object of lawful money we had, in favor of Federal Reserve Notes. That’s just off the top of my head. Oh ... the BAR Association. Heck, they stole the courts from us. Actually, they’re still our courts. We’re just too stupid to realize that the guy in the black robe sitting four feet off the floor is just an attorney who couldn’t make a buck in private practice. He’s an impostor and his codes, rules, regulations and statutes don’t even apply to the flesh and blood man or woman.

Question: No luck in the legal section...so please read...thanks!!? I have hunted high and low online for an evidentiary dismissal or withdrawal hearing...can someone please find one for me?? sorry...forgot to put in the important part...looking for a basic form to enter an order to dismiss this type of hearing...thanks!!

Answer: withdrawal hearing http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=wi&vol=app2%5C97-2308&invol=1 Evidentiary dismissal http://www.oah.state.mn.us/aljBase/638116304.notice.htm

Question: CALIFORNIA - CCP- When do I serve the plaintiff for an ex-party motion in a judgment for default? I received wrong information on my filing, and I missed my due date by 30 seconds on my last day to present my WF-103, but nobody told me I could have filed on the automatic clock right outside the filing room. Because of this I got a Judgment for default by clerk, now I have an emergency hearing on Monday barely 14 hours before my writ of execution. I can't afford another mistake, Do I file before of after my hearing? Do I present my evidentiary support on this hearing? thanks. Please only knowledgeable people. My rent is current this is a retaliatory eviction because i was the leader for a Tenant's Association Movement.

Answer: You will present the evidence at the hearing and an ex parte verdict is easily overturned.

Question: Law and Evidence Help!!? I'm having a hard time answering these questions. Can you guys please help me answer. Yes I know I'm asking way too much... but please be nice and help!! 3.Defendant is charged with arson of a building with intent to defraud an insurer. At the same time that police and fire fighters were responding to a fire alarm at the Four Coins Restaurant building, the police dispatcher received a call on the 911 line. The caller said that “At least one man has run from the building. He got into a car with the possible plate of NFT 543. This could be a possible arson.” The caller did not identify himself, saying “I’d rather not get myself involved”, nor were the police able to trace the call to learn the caller’s identity. Further investigation found that the license number was registered to a car owned by the defendant. Before trial the defense moves to preclude the admissibility of the tape recording of the 911 call, as well as a transcript of the call. At the hearing on the motion, the following happens: Judge: Defense, I’m now ready to hear your arguments on why the 911 evidence, the tape recording as well as the transcript, should be precluded. Please proceed. 1. What objections and motions should be made? 2. What are the best arguments to support the objections? 3. What are the best arguments to oppose the objections? 4. This is a felon in possession of a firearm case. The defendant and his wife were involved in an argument. The argument became heated enough that the wife called the police through the 911 system. The tape recording of the telephone call contained the following: Caller: Would you send a car to 308 Bell? Dispatch: 308 Bell? Caller: Yeah, please hurry. Dispatch: What’s the problem? Caller: He pulled a gun on me. Dispatch: OK, you stay on the phone, OK? Caller: I can’t. Here he comes. Before trial the defendant moves to preclude evidence of the telephone call. At the hearing on the motion, the following happens: Judge: This is defendant=s motion to preclude evidence of a 911 telephone call. Defense, what’s your argument? 1. What objections and motions should be made? 2. What are the best arguments to support the objections? 3. What are the best arguments to oppose the objections? 5. Defendant, Jones, is charged with several counts of possession of drugs and weapons. In the early morning hours, a 911 caller reported: “I hear a loud disturbance from Joe Jones’ apartment, number 304, directly above my apartment.” Police were dispatched to that address. Seven minutes after the initial call, police received a second 911 call, from a nearby convenience store pay telephone. The caller identified herself as Louise Hawkins and asked the police to go to apartment 304. The caller said “My husband just pulled a gun on me, a big handgun with a clip. It looked like some kind of automatic.” The caller also said “There’s also drugs and everything else in that apartment up there.” The police dispatcher relayed the information to the police who were on their way to the apartment. When the police arrived, they found the defendant in the hallway outside apartment 304. A search of the premises and a storage locker revealed both crack cocaine and a loaded semi-automatic pistol. Before trial defendant moves to preclude the admission of the two 911 calls at trial. At a hearing on the motion, the following happens: Judge: Counsel, what’s the evidentiary basis for your motion? 1. What objections and motions should be made? 2. What are the best arguments to support the objections? 3. What are the best arguments to oppose the objections? 6. Dennis and his brother, Otis, are charged with murdering Johnson. Eyewitnesses had seen the two defendants fighting with the victim outside a bar after midnight. Shortly afterwards, the victim was found shot in the head. The case against both defendants is now on trial. In the defense case-in-chief, an eyewitness testifies. During direct examination the witness said that he had seen Otis, one or two minutes after the shooting, leaving the scene and tucking a gun under his shirt. During cross-examination, the following happens: Q. (By prosecutor) When you saw Otis, that was shortly after the shooting, wasn't it? A. Yes, sir. Q. And you all were still all excited and everything, weren’t you? A. Yes, sir. Q. And was Otis excited? A. He didn’t look excited to me. Q. And Otis told you that his brother had shot Johnson because he had taken a swing at his brother? Defense: Objection, your honor. Judge: What’s the basis? 1. What objections and motions should be made? 2. What are the best arguments to support the objections? 3. What are the best arguments to oppose the objections? 7. Defendant is charged with armed robbery. The victim, Claro, his wife and young son were in the parking lot of a supermarket. Two persons approached and asked Claro for the time. As Claro looked at his watch, one of the men pulled a knife and demande

Answer: Ah man and I taught business law was hard!

Question: Are Military Tribunals the best way for America to show the rest of the world how just they are? American military tribunals for non-Americans are a complete farce. Military officers appointed by the president are made to be judges tasked with charging whoever the president wants. There are no appeals except to the president. There are no normal evidentiary rules or safeguards. Evidence is only admissible if the presiding officer thinks it should be admitted.The hearing is in secret with no transcripts. No burden of proof is placed on the prosecution, no "beyond reasonable doubt". Evidence is only needed to be "probative value to a reasonable person". The person mentioned are officers and unanimous decision is not needed, as a 2/3 majority is enough to convict. They do not need to give any reasoned written judgment either. Why does America preach about "justice" and then bomb weddings and arrest and torture people without trial and subject them to military tribunal? Do you think this makes America's image better or it makes people hate America more?

Answer: I had to laugh at IAN G's answer. Imagine that, the USA invades and occupies two foreign countries then bleats when those selfsame people attack US forces! So America is not the criminal then for its illegal & immoral invasions? The various answers above which trot out the well worn mantra of "they hate us for our freedoms" also bear the mark of witless sheep with the IQ of a baked potato. In that case, why aren't the terrorist bombing Stockholm? Amsterdam? Berlin? Vienna? All cities in nations with far more open and free societies than the infant police state that is the USA. It is an indisputable fact that if the USA halted its psychotic foreign policy, stopped bombing foreign nations and meddling in the affairs of other countries, and stopped its ludicrous and dmaging unstininting support of Israel, then 90% of worls terrorism would disppear overnight.