Ask MetaFilter questions tagged with court

How many Judge Judys are out there?

mpls2 — Wed, 23 Dec 2009 11:57:11 -0800

Do judges actually make sentencing decisions based on a person's demenor? It seems that judges will occassionally mention a defendant's demenor in court when explaining their sentencing decisions (whether the observations were made over the course of the entire trial or just on the day of sentencing).

I'd like to believe that the justice system is basically rational and objective, and that judges aren't running around playing Dr Phil thinking that they can look into a person's soul. I think people are basically bad at that; especially when the bias of a criminal conviction enters the picture.

Do judges actually make serious life-changing decisions based on peoples' appearance/facial expressions, or do they just use those observations to justify decisions that they arrive at more or less objectively?

Thanks!

Judging judges.

ryanrs — Mon, 16 Nov 2009 07:49:30 -0800

What questions should I ask a candidate running for Superior Court Judge? I am a member of a political club in my city. At a recent club meeting we heard from three candidates running for Superior Court. As might be expected at a political club, many of our members asked the candidates about their opinions on various laws and policies (marriage equality, drug laws, three strikes, etc). Unfortunately, that's a bit like asking an umpire who's their favorite team. All three candidates rightly declined to answer such questions.

After the somewhat misguided Q&A session, I approached each candidate and spoke with them for ten minutes or so. At the end, I asked if I could email them a few questions. All agreed.

So what are some good questions to ask? Keep in mind we're talking about Superior Court. Reddit's Top 10 Injustices On The Internets is beside the point. A Superior Court judge does not create precedent, he follows it.

On a more general note, how should a genuinely interested citizen evaluate judicial candidates for Superior Court? They have no record, no political platform, no name recognition, and no press coverage. Do I just go by endorsements?

I should point out that these candidates aren't exactly running against each other. The election is still seven months away and it is not known how many seats will be open. It's possible there will be as many open seats as candidates.

Here's what each candidate has been doing for the last decade or so:
* Alice is an attorney at the public defender's office.
* Bob is senior counsel at a private firm specializing in civil litigation.
* Carl is a staff attorney for a California Supreme Court Justice.

Note: I'd like to keep the names of the candidates out of the thread. No candidate has a significant google footprint. All are probably running vanity searches on a daily basis. If a name is mentioned, that candidate is guaranteed to read this thread. For various reasons, I'd like to avoid that. If you're curious, memail me.

I allegedly don't understand the word "allegedly." Allegedly.

the foreground — Tue, 10 Nov 2009 08:32:09 -0800

I am confused as to the use of the word "allegedly" and why it is used outside of a strictly legal sense (in the media for example)? For instance, with this most recent shooting in Texas, there are obviously dozens of eye witnesses, only one suspect under consideration, no one is going to argue in court that someone else did it, so why on the news are the anchors still saying Mr. Hasan "allegedly" shot these people? It just seems weird... I understand the term might be more relevant in a case of a burglary, or when there is only circumstantial evidence to tie a suspect to a crime, because then there is a doubt and if you straight out accuse someone and they are acquitted, then you might be liable to be sued. It seems in this case the only thing in doubt is the motivation or mental state of the accused (temporary insanity etc.), there is no real doubt that he actually did it...so why is everyone so noticeably still prefixing the crime with "allegedly?" Also, it seems the media are really selective with this term. If an investigative reporter uncovers something legally dubious about a company for instance, the headline would read "Documents reveal Company x laundered millions" you never see "Documents reveal Company x allegedly laundered millions." Unless I just am not noticing it. Can someone explain the technical issues around this word, when it is appropriate to use and when it is not?

What do you do when the court has no record of your "crime"?

Anonymous — Thu, 05 Nov 2009 12:12:00 -0800

I received a traffic ticket for driving without headlights on in Los Angeles, but now the court has no record of my citation. What do I do now? I was cited during the evening of October 4th for "Driving without Lights on During Darkness." I had only been driving for a few blocks when I was pulled over and hadn't noticed my lights weren't on. For what it's worth, it was a fairly busy street that was well-lit at the time.

Anyway, the ticket says that I must appear at the courthouse by November 18 but I haven't received a courtesy notice in the mail yet. Assuming that the notice must've been lost in the mail, I checked the court's website and they have no record of a citation. I've searched the database with both my driver's license and citation number, but nothing comes up, even though it's past the "21 days" it sometimes takes for the citation to appear in the system.

I've called the court and navigated the automated phone system, but they have no record of it either. I tried to speak to an operator but the system was "too busy" so an automated message said to try the call at a later time.

Is it possible that the police officer, after the fact, realized how brightly lit the street was and decided to discard the ticket or not process it? Incidentally, I later learned that there was a full moon that evening, which could be counted as an extenuating circumstance, something which the officer might have realized himself. I don't know how likely that is or if it's even possible (or just wishful thinking on my part).

Does anyone have any experience with this or advice about what I should do? At this point, I'm leaning towards just going to the courthouse, which is a hassle, but would presumably settle the matter once and for all. On the other hand, I would like to avoid bringing the ticket to the court's attention if it somehow fell through the cracks and there's otherwise no record of it. Please help me, hivemind!

If anyone has any follow-up questions or would like to reply anonymously, my email is wheresmytrafficticket@gmail.com.

Thanks!

Free Early NY decisions

KRS — Tue, 29 Sep 2009 11:37:20 -0800

Free source for older New York Court of Appeals opinions (PDF OK). I want to read decisions written by Benjamin Cardozo while he was on the New York Court of Appeals (New York's highest court). I know they're available on Lexis or Westlaw, but these are VERY expensive. My Google-fu has failed me for a free source (electronic, OCR or PDF) for these.

Explain the mechanics of the Georgia State Supreme Court

carlodio — Sun, 27 Sep 2009 18:43:00 -0800

I have a family member who won a case in the Georgia court system. It was a well articulated case that a competitor was engaging in predatory business practices that affected a large group of business owners of a particular type of business. The court agreed, and an appeals court declined to hear the appeal. However, another appeal was made to the Georgia Supreme Court. What are the odds that the GA Supreme Court will hear a case already held up during an appeal? This family member has a lawyer and that lawyer was capable enough to win the case, so don't tell him to get a lawyer... :)

However, I have two questions.

First, what are the odds that the GA Supreme Court will hear a case that was already held up on appeal?

Second, how important is it to retain local counsel in Atlanta with Supreme Court experience versus the 'home town' lawyer that got him this far?

Need Help Finding a Lawyer for Fresno County Court Date Tomorrow

davidstandaford — Mon, 21 Sep 2009 14:15:50 -0800

How do I find an attorney to represent me at a court appearance tomorrow morning for the Superior Court in Coalinga, Fresno County? Over the summer I was given a ticket for an infraction for urinating on a public highway. I used the Fresno County Attorney referral service and spoke with an attorney last week who said that he could either represent me or find someone who could. I called back today and spoke to someone in the office who said he could not help me and did not know anyone who could.

My appearance is supposed to be at 8:30am tomorrow. I live in Atlanta now. I called the court and they said they cannot postpone my hearing date. If I do not show up, apparently they will issue a bench warrant for me.

Does anyone have any advice on how to find an attorney who could show up in court for me? I don't know what exactly will happen at the hearing, but I am happy to plead guilty and accept any fine, community service, or other punishment. I just need someone to deliver that message.

I tried a google search for lawyers in Coalinga and called some numbers but it was an estate lawyer and then someone in business law, so I need a way to refine the search or only find people who can potentially go to a court appearance for me tomorrow. I also called back the Attorney Referral service and they gave me the number of one attorney that they thought might be able to help, so I left him a number and I am waiting to hear back.

Thank you for all of the help.

[You are not my lawyer and this is not legal advice.]

How does one review case law?

doomtop — Tue, 08 Sep 2009 08:21:39 -0800

How does one review case law? In a criminal case in state district court, I would imagine review case law would be very helpful. What I mean is, if you could review a case where an acquittal was acquired for similar charges to the case you are currently looking at, that would seem very helpful. I am sure this is something lawyers do all the time, for example when they are showing precedent, etc.

How do lawyers access this information to review case law?

Canada: Going to court for impaired driving

Anonymous — Wed, 02 Sep 2009 08:30:12 -0800

I screwed-up, and got caught for driving impaired I know you're not my lawyer, just looking for advice.

This pertains to BC, Canada...but I thought I'd leave it open.

Like I said I screwed-up, shouldn't have been driving. Took a turn into a narrow gravel driveway too fast (it's on a hwy), and slide into the ditch.

All I needed was a tow truck, but someone called 911, so ambulance, firetruck, 2 cop cars. Got arrested for the first time in my life, charged with impaired driving, but was released once the paperwork was done.

I have a "Promise to appear" form with two dates:

One in Sept. "for purposes of the identification of criminal act". No idea what that means, so that's question #1.

Second in Dec. "to attend thereafter as required, to be dealt with according to law". Not really sure about this either, so that's question #2.

Question #3: I've never dealt with a lawyer. I can't afford one anyway. I don't know if I should try to represent myself of not.

Can you prove what someone's blood alcohol level would have been two hours ago based on what it is now?

Anonymous — Tue, 01 Sep 2009 09:10:59 -0800

Can you prove what someone's blood alcohol level would have been two hours ago based on what it is now? Pulled over and arrested then charged with DUI in the State of Vermont. Refused the roadside breathalyzer test. Took the roadside evaluation for shits and giggles (I think I did okay).

After much processing, asked to talk to public defender on call. Advised to consent to breath test, so I did. After much more processing, I finally took the breath test. I didn't take the test until two hours after the time of the stop.

My test results: 0.059%

Point at which it is a DUI: 0.080%

Charges dropped right? Not in this case. They are trying the case and the arresting officer claims they will bring in a chemist/scientist/whatever to say that based on my test results my blood alcohol level would have been above 0.080% at the time of the stop.

You are innocent until proven guilty right? Can they possibly "prove" this?

Several civil citations were given as well. One for not stopping at a stop sign (I did stop) and one for going over the yellow line (I may have). Also, a third was mailed to me for being two months out of inspection.

And to preempt the lawyer up advice. Of course I will be hiring a lawyer to represent me in this case, but I would like to know as much as I can going in, while I have plenty of time to get myself informed.

What is ixaratte?

ninazer0 — Wed, 19 Aug 2009 20:00:37 -0800

Can anyone tell me more about "ixaratte"? It's supposed to be a complicated court sign-language of the Ottoman empire. I came across it in an article but further Googling turns up only - yup - the same article.

I must learn more about this!! Where do I start? (Other than buying the book listed in the article? I'm onto that one already...)

money for nothing

12%juicepulp — Fri, 31 Jul 2009 10:12:05 -0800

How can I contest a fixit ticket and not pay $500? To make a long story short I got a fixit ticket on my car, took care of the problem but didn't realize I had to go to court. Fast forward to now I have an $800 bail from which they will kindly remove $300 if I pay in the next ten days. This is still a lot more than I can afford. I plan on trying to get a court date but don't have any idea what to expect and how to pay as little of this as possible. Any personal experience or advice appreciated! Cops were from Beverly Hills so it's Beverly Hills Court if that makes a difference.

Am I getting a visit from the police this weekend?

Anonymous — Fri, 24 Jul 2009 19:43:22 -0800

Are the police going to come knocking on my door this weekend for an arrest warrant issued on court fines I forgot to pay? A couple of months ago, I was pulled over for a lapsed registration (I live in Massachusetts). I was told to go to court and I'd be given an amount to pay, and I'd be fine.

I went to court, was told to pay $500, and was given two months to pay it. In the meantime, I was diagnosed with a very serious illness, and in going through all that, I lost track of the time when I'd have to pay the fine. I honestly thought it was due this coming Monday, but I missed by two days (the money was due on Wednesday).

Today, I got a letter in the mail saying that a warrant has been issued for my arrest, which didn't come until after the courthouse closed. It's a Friday, and now I'm terrified that the police are going to come knocking on my door.

I'm not going to drive anywhere (obviously) over the weekend, and will rush over to the courthouse bright and early on Monday morning, but I'm nauseated over the idea that I'm going to wake up to the police knocking on my door.

If the courthouse was open 24 hours, I'd have cash in-hand and be there right now, but it's not, and I'm not the kind of person who doesn't pay his bills.

What do I do?

How to find a immigration case decision?

dragoon — Thu, 23 Jul 2009 09:17:48 -0800

How can I find the decision for the immigration case for the "heretical two"? Specifically, I'm looking for Judge Rose Peters' decision that Simon Sheppard and Stephen Whittle should be returned to the UK. My searches on PACER came up empty, and I haven't been able to get a case number from their supporters.

I'd like to see the arguments by the prosecutor and the defendants, but I've read on PACER that immigration cases restrict what's available online.

If the online documentation isn't enough, where would I go to see the court documents in person?

Someone reassure me that I will indeed get joint custody....

Anonymous — Tue, 21 Jul 2009 11:15:20 -0800

Someone reassure me that I will indeed get joint custody.... I divorced in late 2004; I have weekend/holiday visitation and joint legal custody with my two school-aged children thanks to a 2005 court order; nowadays Mom lives an hour away. Recently, my fiancee and I decided to buy a home and move closer to the kids in order to increase our visitation (I'm looking for a 50/50 split). In the latest petition for modification dated May of this year, I stated that the closing on our new home was expected to be around June 30th. Well, my trial was today (July 20th)...and we're not in the house yet. We have the commitment letter, but no closing date. The Judge was EXTREMELY amenable and helped both parties along (we're both Pro Se); we had an hour long trial, many issues were commented on and explained, etc. (To clarify...neither of us are felons, child abusers, etc. In fact, we're both certified Foster Parents. She seems to be bitter, and never agrees to mediation, however; hence the court appearance.)Essentially, nothing major happened....until closing statements. the Law Guardian, who was relatively quiet until this time, decided to comment that since we haven't actually moved yet, there's not a change of circumstances and therefore the petition should be dismissed. The Judge, after some gentle leading, decided to dismiss my case without prejudice; and commented that I can refile when I've moved in the new house, and then get a temporary order until my new trial date. All in all, I felt certain that I did well, but now I'm a nervous wreck because I expected to have the order amended today.
How do I prove to the court that a 50/50 split between parents is in the best interests of my children? Did simply moving closer clinch it? Would a (seemingly) sympathetic Judge agree in principle, but be forbidden to grant the change based on some legal precedent I'm not aware of?
I'm just looking for someone who may have had something like this happen to them to give me a pat on the back and say "it'll be alright." If you can, thanks.

I fought the law...who won?

Anonymous — Fri, 19 Jun 2009 07:47:40 -0800

What happens if I plead not guilty to my parking ticket, even though I am essentially guilty? I live in New York City, and I was in a traffic jam the other day and I went around some cars into a part of the street that had white diagonal lines on it and got pulled over. Apparently, this is a moving violation which means 2 points on my license and a $120.00 fine. I'm really pissed about it, even though I pretty much knew I wasn't supposed to drive on it, though I had seen about 15 motorists do the same before I took the leap (I understand that this is not a valid excuse to fight a ticket).

I do not want to pay for this ticket, and I especially don't want to have two points on my license for going 15 miles an hour in a "non-driving area."

What happens if I plead not guilty? I have to go to court? If they find me guilty anyway, do i have to pay court costs?

Thanks, MeFites

Determining small claims court venue in Ontario: Where did the transaction take place if the parties are distant from one another?

winston — Mon, 08 Jun 2009 10:47:55 -0800

For the purpose of determining venue for small claims court in Ontario, Canada, what would be considered the municipality where the transaction took place for an eBay sale where buyer and seller are in different Ontario municipalities? This question came up during a discussion of past eBay transactions gone wrong but there is no current specific scenario to relate.

The venue can be set according to the defendant's location or the location where the transaction took place. But where did the transaction take place if the two parties were in different places at the time of the transaction?

Recent Parisian court records?

Marquis — Mon, 11 May 2009 08:44:23 -0800

Where do I go to obtain certain recent court transcripts in Paris? I am writing an article that would benefit greatly from access to records and transcripts from a Paris Court of Justice civil case in 2007.

I believe I have the correct name of the judge, one of the parties (a major public institution) and know the date of at least one hearing - in November 2007. But I don't have any more formal information.

I will be in Paris later this month and would like to go to the appropriate library or archive to look up all public information from this case, and make some copies. Where should I go? (Do I need to make an appointment?)

If it's relevant, I am a Canadian journalist.

Aboriginal self-government in Canada

Lemurrhea — Fri, 03 Apr 2009 07:44:41 -0800

I need Canadian Supreme Court cases involving aboriginal self-government. Doing some (non-homework) research, I can't find any good cases regarding Aboriginal claims to self-government in the courts. I've already seen:

Calder et al v. Attorney General of B.C. (the Nisga'a case)
R. v. Pamajewon
Delgamuukw v. British Columbia

and I already know of:

Cambell et al v. AG/BC (stayed in the B.C. courts)
Haida Nation v. British Columbia

What am I missing? Preferably Supreme Court cases, but if there's a good one in a provincial Supreme I'd be grateful.

Thanks!

(no treaties etc, it has to be court cases)

What next - tried to pay judgment, cannot pay

olddogeyes — Wed, 11 Mar 2009 18:47:29 -0800

A friend of mine finds themselves in a unique and confusing situation regarding an unpaid debt and a judgment.

They had a judgment awarded against them for $8,000 and had never received notice. They only found out about the judgment when they applied for a mortgage.
When they took out their original mortgage several years ago the lender didn't require them to take any action on the judgment and they were able to obtain a mortgage with the judgment still in place.
They made their mortgage payments on time for two years and wanted to refinance (the original mortgage had a requirement that they had to wait two years to refinance which they met otherwise there would have been a penalty).
The same mortgage company now wanted the judgment taken care of (paid off) before they would refinance the loan.
My friend agreed to do that and was able to borrow an additional amount to cover the refinance and the judgment (essentially a cash-out as far as I can tell - except my friend never saw the cash - more below).
The mortgage company generated a check for teh debt made payable to the county court and my friend mailed it in to the court where the judgment resided.
At some point later (a few months), the court returned the payment saying that they could not locate the creditor who had filed the judgment.
The mortgage company did NOT notify my friend.
After about a year, my friend noticed that the judgment still showed on their credit report as still being due.
They proceeded to contact the mortgage company and have been getting the run around for 1.5 years. Before they contacted mortgage company they spent quite a bit of time trying to do their own research by repeatedly contacting the County Court. Every time they called the court would be closed or when they were open they would get voice mail. many messages were left explaining what info they were trying to obtain with their contact info. They never heard from the court so eventually they decided to contact the mortgage broker to find out how they could find out if the check had cleared since it was cut by someone other than them.
Mortgage company keeps asking friend to provide new info for creditor -- i.e. where to send the money.
Since my friend was not aware of the judgment in the first place, they don't even know who the creditor is/was and they are afraid to attempt to call any of the bill collectors that are sending them collection notices because they are afraid it will cause a statue of limitations to be reset. Apparently where they live, Colorado, the statue of limitations is seven years and they believe that if they don't have any contact with the collection agency that the debt will go away after seven years. Whether that is true or not I don't know.
So my friend is stuck in limbo. The mortgage company has the $8,000, my friend has been paying interest on the $8,000 (in addition to the rest of their mortgage) and the judgment is still there.

My questions are as follows:

Can my friend petition the court to "cancel" the judgment since they have attempted to pay it without success?
If the judgment is not going to be paid or "canceled," can my friend get the $8,000 back?
Is my friend owed a refund of interest paid on the $8,000 and possibly a fair interest rate for the use of the money during the time (approx 2 yrs) that the Mortgage company has been holding the funds?
What is the process to locate whoever bought that debt/judgment or if it is in fact owned by anyone now given that my friend does not have any idea who the original creditor is/was?

Thanks for any light that you can shed on this confusing situation.

Bringing my ex to Small Claims Court

ascetic — Mon, 09 Mar 2009 12:31:14 -0800

I am suing my ex in small claims court for my Xbox 360, please review the evidence and help me out. So, here’s the scoop: I bought an Xbox 360 Arcade on or around Valentine’s Day of this year. The timing was purely coincidental; I already had plans for Valentine’s Day gifts. My girlfriend at the time traded in her broken Xbox 360 as credit (a $40 value). I ended up paying $195 with my debit card. We broke up, and she is claiming that the Xbox is hers. So, I am suing her in small claims court. She has the receipt (which would prove that I indeed swiped my card), which I am sure she will cleverly lose. I do have a bank statement showing that $195 was spent at Gamestop on the 14th. I contacted Gamestop and they cannot print out any duplicate receipts...

Do I have enough substantiating evidence? I know in my head that the Xbox is MINE, but how can I strengthen my argument? I will answer any questions.

Eu tu, AT&T?

SpacemanStix — Thu, 29 Jan 2009 15:22:56 -0800

There is talk about how ISP's are going to be cooperating with the RIAA to curtail piracy (warning letters, shutting off service, etc.), in lieu of the RIAA taking people to court. If ISP's refused to be involved without a court order previously, why are they getting so involved now? It's a crazy amount of extra work, it gets into the privacy of its users, and it creates the potential for false positives and a LOT of negative press that used to go to the RIAA. I can't figure out the upside.

Are they getting a money cut somewhere? Are they being strong-armed into it? Or do they see it as a lesser evil to agree to these terms than to be forced to hand over customer information on a regular basis, due to court orders?

Should I plead not guilty on a possession citation?

Anonymous — Fri, 23 Jan 2009 12:23:35 -0800

Citation 221.05 in NYC for possession. Should I plead not guilty, or suck this up? I was in someone's car when they were pulled over for a minor driving violation (think not signaling, etc). The police claimed to smell marijuana and asked to search, which they then proceeded to do. They found a pipe but no marijuana. Both of us were given a citation to appear in court. I am definitely considering pleading "not guilty".

This is my first offense of any kind, ever, including parking tickets, so I'm naturally pretty upset and feeling self-righteous. However, $100 and $100 for the court date is much cheaper than hiring a lawyer. Additionally since nothing was found on my person and it was not my vehicle, I think "not guilty" might not be the worst move ever.

So Mefi, I know you are not my lawyer, or a lawyer, but surely this has happened to some of you. In particular I am concerned about my record (if I were to get caught with weed, I would not want it to be my second offense, as I feel that is my right as someone who is _not guilty_), and getting community service.

How do PI's dig up dirt on people?

reenum — Mon, 19 Jan 2009 13:57:11 -0800

Where can I find out more about the investigation techniques used by private investigators? In watching movies like This Film Is Not Yet Rated and reading mystery novels about PI's, I've become really interested in the field. I don't think I'll become a professional PI, but I still want to read more about the techniques they use to dig up information about people.

I'm looking for books, web sites, and other resources that talk about how private investigators conduct investigations and the web sites or other databases they consult.

Thanks!

29mph over in Michigan - Idiot step brother - 79 in a 50 - What are we looking at?

mrflibble — Thu, 25 Dec 2008 10:52:10 -0800

Michigan Speeding - Step brother got hit for going 79 in a 50 - 29 friggin miles over in a car i co-signed ... info no where to be found on MI.gov... He wasn't pleasant with the cop who did in fact write the entire 29 miles over on the ticket probably due to both attitude and radar detector on dash.

The 50 mph road was Gratiot, for those not familiar with the road it's 3-4 lanes each side with businesses and strip malls along it. Nothing country or highwayish about it.

I know they aren't going to give him any leeway whatsoever. 29 is completely different from say even 10 over, even on a first offense.

One theory is this constitutes Felony Speeding here in michigan, possible jail time... They sent a letter for the court date, not the typical pay or contest letter.

I've searched and searched... DMV.gov, MI.gov/sos .. can't find anything with a decent breakdown of violations and their penalties.

I just can't believe how stupid..... just looking for some way to prepare..

Thanks