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How Could They!???????

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freeadviceneedy

Junior Member
What is the name of your state? Georgia **************I'm 41 yrs. old, and unfortunately have found myself, and my two yr. old daughter,having to move in with my Mother because of a recent divorce,and had been a homemaker at the time...No income at the time and in need of help from family. I feel I should also say that my relationship with my Mother has always been a very dysfuntional one,and continues to be as such. ...In a nutshell...We had a situation one day....She had done something that had made me angry,I then said some disagreeable words to her, and the next thing I know, she's back-handing me across the mouth with the cordless telephone.(the damage was a very badly busted lip that required stitches).There were a few people visitng me that day there along with a tenant that rented out a room at the time,and they were all outside of the house when this occcured,except the tenant that had to pull her off of me after she hit me.(she began to attempt pulling out my hair )I immediately went to look for where my daughter and friends were when my mother called 911,making a domestic violence report. In the mean time,my friends had been making the suggestion that the best thing for me to do at the time would be just to leave until things "cooled down"...I agreed, not even thinking that it would make me appear to be the "guilty" party by not being there to give any side of the story to the police but the one my Mother gave. For no other reason but spitefulness/resentment toward me, she reported to the police that I had been the one to be violent with her,and told them a description of the vehicle i left in. The next thing I know, the police spotted me in a fast food drive thru with my daughter NO LESS, and proceded to arrest me right then and there for simple battery!!! No questions asked of me , except for what my name was, to make sure they had the "right" person!!! No chance to speak my side of the situation or ANYHTING!!! And to top it off.... The officer who made the report for my mother had stated that she had visible marks of abuse (a cut on her finger from it dragging across a broken tooth when she hit me), and even stated she had a black eye, which was nothing but a bald-face lie,with witnesses to say so!!! The officer took noone else's statements. that were there at the time all this occured!!!!! To make this short- I had to spend four days in jail,for something that I was not only not guilty for, but was truley the victim instead. And to make it even worse- the arresting officer made sure they found an unpaid speeding ticket from 1993 that they claim I never paid!!!! (I have never not paid any moving violations citations I have ever been written!),so it was another day before my friend could come up with the extra 200.00 for that ticket before they would release me!!! I've been to court; They gave me one year probation requiring me to attend (and pay for!!!) an anger management class for 6 mos., plus a 40.00 supervision fee!! When I went to court, the last thing I planned on doing was to plead guilty to these charges,but the prosecutor did everything to convince me that taking this to a jury trial would not be to my best interest,and that the plea bargain they offered would be my least painful way to bring it all to an end,and that the fee for the classes required for me to attend were based on a "sliding scale fee", based on my income. ( I have no income, and made him aware of this,trying to sugguest maybe I could "work it off" through a community service program.--- I want to know if there is anything I can do to have this case reheard before a judge ,so that my side of this situation can be heard. I feel like the justice system has totally turned thier back on me,with a major injustice not only to myself,but the entire judicial system itself entirely. And in more ways than one in this case.... Is my chance for my voice to heard in this all lost ,since It's already gone to a court??? PLEASE, SOMEONE HELP ME TO BE HEARD!!
 


Litigation!

Senior Member
freeadviceneedy said:
What is the name of your state? Georgia **************I'm 41 yrs. old, and unfortunately have found myself, and my two yr. old daughter,having to move in with my Mother because of a recent divorce,and had been a homemaker at the time...No income at the time and in need of help from family. I feel I should also say that my relationship with my Mother has always been a very dysfuntional one,and continues to be as such. ...In a nutshell...We had a situation one day....She had done something that had made me angry,I then said some disagreeable words to her, and the next thing I know, she's back-handing me across the mouth with the cordless telephone.(the damage was a very badly busted lip that required stitches).There were a few people visitng me that day there along with a tenant that rented out a room at the time,and they were all outside of the house when this occcured,except the tenant that had to pull her off of me after she hit me.(she began to attempt pulling out my hair )I immediately went to look for where my daughter and friends were when my mother called 911,making a domestic violence report. In the mean time,my friends had been making the suggestion that the best thing for me to do at the time would be just to leave until things "cooled down"...I agreed, not even thinking that it would make me appear to be the "guilty" party by not being there to give any side of the story to the police but the one my Mother gave. For no other reason but spitefulness/resentment toward me, she reported to the police that I had been the one to be violent with her,and told them a description of the vehicle i left in. The next thing I know, the police spotted me in a fast food drive thru with my daughter NO LESS, and proceded to arrest me right then and there for simple battery!!! No questions asked of me , except for what my name was, to make sure they had the "right" person!!! No chance to speak my side of the situation or ANYHTING!!! And to top it off.... The officer who made the report for my mother had stated that she had visible marks of abuse (a cut on her finger from it dragging across a broken tooth when she hit me), and even stated she had a black eye, which was nothing but a bald-face lie,with witnesses to say so!!! The officer took noone else's statements. that were there at the time all this occured!!!!! To make this short- I had to spend four days in jail,for something that I was not only not guilty for, but was truley the victim instead. And to make it even worse- the arresting officer made sure they found an unpaid speeding ticket from 1993 that they claim I never paid!!!! (I have never not paid any moving violations citations I have ever been written!),so it was another day before my friend could come up with the extra 200.00 for that ticket before they would release me!!! I've been to court; They gave me one year probation requiring me to attend (and pay for!!!) an anger management class for 6 mos., plus a 40.00 supervision fee!! When I went to court, the last thing I planned on doing was to plead guilty to these charges,but the prosecutor did everything to convince me that taking this to a jury trial would not be to my best interest,and that the plea bargain they offered would be my least painful way to bring it all to an end,and that the fee for the classes required for me to attend were based on a "sliding scale fee", based on my income. ( I have no income, and made him aware of this,trying to sugguest maybe I could "work it off" through a community service program.--- I want to know if there is anything I can do to have this case reheard before a judge ,so that my side of this situation can be heard. I feel like the justice system has totally turned thier back on me,with a major injustice not only to myself,but the entire judicial system itself entirely. And in more ways than one in this case.... Is my chance for my voice to heard in this all lost ,since It's already gone to a court??? PLEASE, SOMEONE HELP ME TO BE HEARD!!

My response:

Make it shorter, and use paragraphs.

IAAL
 

rmet4nzkx

Senior Member
You have no witnesses to the altercation.
You fled the scene.
Your mother had a black eye, perhaps she was defending herself.
You have a history of dysfunctional relaitonship with your mother, why can't you support yourself during your divorce?
You plead guilty.
There is no recourse.
You do need anger management classes.
Expect your stbx to seek custody of your child as a result of your actions.
 
J

Justice_Seeker

Guest
I suggest that you contact a compassionate attorney that is willing to advise you in this matter on a pro bono basis.
 
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gawm

Senior Member
He plead guilty, nothing he can do about it now.
 
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J

Justice_Seeker

Guest
gawm said:
He plead guilty, nothing he can do about it now.
You mean she don't you?

It is a good thing Gawm that you don't work with terminally ill patients.

They would be jumping out of the windows if they had you as their doctor.

There is always something that may be done to right a wrong if one is alive and in possession of one's faculties.
 
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smutlydog

Member
freeadviceneedy said:
What is the name of your state? Georgia **************I'm 41 yrs. old, and unfortunately have found myself, and my two yr. old daughter,having to move in with my Mother because of a recent divorce,and had been a homemaker at the time...No income at the time and in need of help from family. I feel I should also say that my relationship with my Mother has always been a very dysfuntional one,and continues to be as such. ...In a nutshell...We had a situation one day....She had done something that had made me angry,I then said some disagreeable words to her, and the next thing I know, she's back-handing me across the mouth with the cordless telephone.(the damage was a very badly busted lip that required stitches).There were a few people visitng me that day there along with a tenant that rented out a room at the time,and they were all outside of the house when this occcured,except the tenant that had to pull her off of me after she hit me.(she began to attempt pulling out my hair )I immediately went to look for where my daughter and friends were when my mother called 911,making a domestic violence report. In the mean time,my friends had been making the suggestion that the best thing for me to do at the time would be just to leave until things "cooled down"...I agreed, not even thinking that it would make me appear to be the "guilty" party by not being there to give any side of the story to the police but the one my Mother gave. For no other reason but spitefulness/resentment toward me, she reported to the police that I had been the one to be violent with her,and told them a description of the vehicle i left in. The next thing I know, the police spotted me in a fast food drive thru with my daughter NO LESS, and proceded to arrest me right then and there for simple battery!!! No questions asked of me , except for what my name was, to make sure they had the "right" person!!! No chance to speak my side of the situation or ANYHTING!!! And to top it off.... The officer who made the report for my mother had stated that she had visible marks of abuse (a cut on her finger from it dragging across a broken tooth when she hit me), and even stated she had a black eye, which was nothing but a bald-face lie,with witnesses to say so!!! The officer took noone else's statements. that were there at the time all this occured!!!!! To make this short- I had to spend four days in jail,for something that I was not only not guilty for, but was truley the victim instead. And to make it even worse- the arresting officer made sure they found an unpaid speeding ticket from 1993 that they claim I never paid!!!! (I have never not paid any moving violations citations I have ever been written!),so it was another day before my friend could come up with the extra 200.00 for that ticket before they would release me!!! I've been to court; They gave me one year probation requiring me to attend (and pay for!!!) an anger management class for 6 mos., plus a 40.00 supervision fee!! When I went to court, the last thing I planned on doing was to plead guilty to these charges,but the prosecutor did everything to convince me that taking this to a jury trial would not be to my best interest,and that the plea bargain they offered would be my least painful way to bring it all to an end,and that the fee for the classes required for me to attend were based on a "sliding scale fee", based on my income. ( I have no income, and made him aware of this,trying to sugguest maybe I could "work it off" through a community service program.--- I want to know if there is anything I can do to have this case reheard before a judge ,so that my side of this situation can be heard. I feel like the justice system has totally turned thier back on me,with a major injustice not only to myself,but the entire judicial system itself entirely. And in more ways than one in this case.... Is my chance for my voice to heard in this all lost ,since It's already gone to a court??? PLEASE, SOMEONE HELP ME TO BE HEARD!!
If you felt this way then you shouldn't have plead guilty. You could have changed your plea if in the end it didn't look like the case was going your way. By that time maybe mom would have cooled down. Without her testimony the case would have been dead. It's difficult to prosecute cases like this when the victim is a relative.
 

garrula lingua

Senior Member
Justice_Seeker said:
I suggest that you contact a compassionate attorney that is willing to advise you in this matter on a pro bono basis.
....HAHAHAHA Sure, many attys can afford to work for free; after all, they are compassionate. Nevermind that their family will starve.

And when the student loan fairy comes around to collect the large law school debt, it will be a compassionate fairy...
 
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pojo2

Senior Member
Whatcha want to bet Mom's version is a lot closer to the true given the drugged out state the 41 year old stays in!
 
J

Justice_Seeker

Guest
Justice_Seeker said:
I suggest that you contact a compassionate attorney that is willing to advise you in this matter on a pro bono basis.

garrula lingua said:
....HAHAHAHA Sure, many attys can afford to work for free; after all, they are compassionate. Nevermind that their family will starve.

And when the student loan fairy comes around to collect the large law school debt, it will be a compassionate fairy...

I see your point Ms. Garrula Lingua.

Lawyers can not devote any time at all for charitable purposes such as representing indigent clients for free.

"Their family will starve," and to boot they will not be able to repay their "large law school debt" should they commit such a folly.
 
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outonbail

Senior Member
Justice_Seeker said:
I see your point Ms. Garrula Lingua.

Lawyers can not devote any time at all for charitable purposes such as representing indigent clients for free.

"Their family will starve," and to boot they will not be able to repay their "large law school debt" should they commit such a folly.

In my opinion, as soon as we see grocery stores allowing indigent people to push carts of groceries home without paying for them and computer companies allowing indigent people to take home a system on the house and utility companies hooking up the power for those who can not afford it, and mortgage companies handing out property to the homeless, then we'll see allot of attorney's giving up their time for free as well.

But I wouldn't expect any attorney's to make the first folly move in that direction.
 
J

Justice_Seeker

Guest
outonbail said:
In my opinion, as soon as we see grocery stores allowing indigent people to push carts of groceries home without paying for them and computer companies allowing indigent people to take home a system on the house and utility companies hooking up the power for those who can not afford it, and mortgage companies handing out property to the homeless, then we'll see allot of attorney's giving up their time for free as well.

But I wouldn't expect any attorney's to make the first folly move in that direction.

Mea culpa Outonbail!

I should have remembered what Mathew wrote in Mathew 7:6 before responding to Ms. Lingua Garrula, and her allies.

"Do not throw your pearls before swine, or they will trample them under foot and turn and maul you."
 

garrula lingua

Senior Member
Justice:
You are such a goodly person, why don't you mail the OP a check so that she can hire an atty or use to make her life easier ?Put YOUR money where your mouth is, rather than someone else's money !

PS: You're a judgmental sod for all your Christian quotes.
Don't presume many attys aren't donating quite a lot of their time and resources.
But, why should it be on your demand or expectation - put up some of your own money, loudmouth.

Send a check to the OP. That's what you're asking the attys to do.
 
J

Justice_Seeker

Guest
garrula lingua said:
Justice:
You are such a goodly person, why don't you mail the OP a check so that she can hire an atty or use to make her life easier ?...

PS: You're a judgmental sod for all your Christian quotes....

ERRARE HUMANUM EST PERSEVERARE DIABOLICUM!

And guess what GaL? You have just proven how right Mathew in Mathew 7:6 was.
"Do not throw your pearls before swine, or they will trample them under foot and turn and maul you ."

BTW, what do you have against Christians GaL?
Are you an Islamist, Leftist Secularist, Satanist, or just another mean heartless bit*ch?
 
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CdwJava

Senior Member
Interestingly, I found my self in this 'pro bono' discussion with an attorney friend some time back. He commented that if he committed himself to all the "free consultations" that indigent clients calld and asked about, he would have little time to devote to his paying clients.

Since indigent clients are not likely to become PAYING clients, it is NOT an effective use of time to offer such free consultations in most circumstances.

However, every criminal attorney I know on a personal basis DOES offer aid and consultation through either county, court, or bar supported programs. This can help to cull the herd, so to speak.

The OP can always call and ASK attorneys for a free consultation, but even if the attorney says something CAN be done, this would not mean that they would be able to do anything without payment up front. And generally, a guilty plea is a bar to any additional action without good cause (like some heinous acts by the prosecution or the court).


- Carl
 
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