legal question

Joeaksa · 12-02-2004, 03:00 PM

Sounds like thats what they want you to do, so they win by default. Depends on how much you want to win...

Personally if I feel that I am in the right, I never give up, period.

JoeA

john70t · 12-02-2004, 03:01 PM

"Boyfriend" is very seperate from original contractual agreement, and specific conditions are different. More info please.

pbs911 · pbs911's Garage

If it's criminal, the decision whether to drop the case is in the hands of the DA.

Joeaksa · 12-03-2004, 05:57 AM

If someone does not stop him from doing this, and who knows how many others he has treated like this, then he will continue to act like this and force himself on others as long as he can get away with it.

If you drop this it would be like waving a red flag saying that his money can buy his way out of anything and he will just continue. You know your threshold of pain on this and when its been reached, then stop. Personally I hate to see people act like this and get away with it.

What would it take to force the issue and go to the judge and ask for a "fair and timely" trial? Sounds like the timely part of justice is not being served.

Joe A

RickM · RickM's Garage

Quote:

Originally posted by procon

It's not like the guy kicked my ass, in fact he only pushed me.
At this point it been more trouble than it's worth!

Drop it....you put him out of way enough for him to get the message. I'd have a different opinion if he harmed you. But as Paul says, it may be up to the DA.

djmcmath · 12-03-2004, 08:46 AM

IANAL, but in some cases, it may be possible to file for damages due to lost work. His 5 continuances cost you 5 days work -- if you can demonstrate that upon winning a contested hearing, you may be able to have the court order the defendant to pay you for those lost days of work. Just a thought -- I'd recommend taking it up with your lawyer.

The other note is that you do have a right to be notified of a change of trial date. Rules for continuances vary from state to state, but I don't know of any systems that don't tell you about a continuance until the day of the trial. Hmmm, I suppose you could make a pre-trial motion -- but if we've done 5 PTM's for continuance, it may be time for more drastic measures. Maybe filing for a new judge? This one is clearly off his rocker.

Good luck -- and I'd push to stick with it, if at all possible.

Dan

RickM · RickM's Garage

How did she react to the altercation?

EdT82SC · 12-03-2004, 03:48 PM

Since this is a criminal trial it is up to the DA to drop this or not. The whole speedy trial is the right of the accused, and if he waived that right then he can keep continueing as long as the judge goes along with it. I would talk to the deputy DA prosecuting the case, and see if you can get him/her to try to convince the judge to stop granting the continuations.