advice...

[Chris Duffy]

What is the name of your state?

maine.

I would like to know if their is a way for me to find out what kind of evidence their is against me in a case, before my court hearing to set a date for my trial, and if so, how would i go about finding this information.
thank you.

 

[seniorjudge]

What is the name of your state?

maine.

I would like to know if their is a way for me to find out what kind of evidence their is against me in a case, before my court hearing to set a date for my trial, and if so, how would i go about finding this information.
thank you.

File a motion for discovery.

http://www.courts.state.me.us/rules_forms_fees/rules/

You don't say if it is a criminal or civil case.

Anyway, go to the above site, choose criminal or civil and search for discovery.

 

[Chris Duffy]

expected judgement

Maine- I was arrested for leaving the scene of an accident. a witness called the police and told them that i had bumped the back of an empty, parked car. the police found a small dust of paint on my bumper and arrested me. I would like to know what would be the probable outcome if i just pleaded guilty, or if their is a way i can talk to the judge at some point to lower the charge.

 

[seniorjudge]

Maine- I was arrested for leaving the scene of an accident. a witness called the police and told them that i had bumped the back of an empty, parked car. the police found a small dust of paint on my bumper and arrested me. I would like to know what would be the probable outcome if i just pleaded guilty, or if their is a way i can talk to the judge at some point to lower the charge.

That "small dust of paint" is circumstantial evidence (which is some of the best kind of evidence you can use).

In any event, talk to the clerk when you get to court about who you should see about plea bargaining.



Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and the ticket not go on your record, if applicable.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

 

[Chris Duffy]

expected judgement

Maine- I was arrested for leaving the scene of an accident. A witness called the police and told them that I had bumped the back bumper of an empty, parked car. The police found a small dust of paint on my bumper and arrested me. I would like to know what would be the probable outcome if I just pleaded guilty, or if their is a way I can talk to the judge at some point to lower the charge. What do you recommend I do?

 

[InsuranceLadyAZ]

Did you or did you not actually do the hit and run?

 

[seniorjudge]

Did you or did you not actually do the hit and run?

The small dust of paint cries YES!!!

 

[Chris Duffy]

reply

yes, I did bump their bumper, although I didn't think their was damage. i've never hit someones bumper before, but I thought that was what bumpers were for. I know better now. I am just curiouse about what my best course of action is now. If I try for a plea bargain, how exactly should i go about it?

 

[Trucking Mad]

yes, I did bump their bumper, although I didn't think their was damage. i've never hit someones bumper before, but I thought that was what bumpers were for. I know better now. I am just curiouse about what my best course of action is now. If I try for a plea bargain, how exactly should i go about it?

A word to the wise. You might have avoided this problem by leaving some contact info on the other persons vehicle.
Do you have any other incidents on your driving record, or is this your first offense (this makes a big difference in court)

 

[Chris Duffy]

This is the first time I have ever gotten in trouble. My record is clean. I don't mind paying for the scratch, but I'd like to keep it off my record. I'm gonna try plea bargaining, and I'll see where that leads me. I think I might go to the courthouse today, to see what I can learn. Any advice?

 

[Trucking Mad]

This is the first time I have ever gotten in trouble. My record is clean. I don't mind paying for the scratch, but I'd like to keep it off my record. I'm gonna try plea bargaining, and I'll see where that leads me. I think I might go to the courthouse today, to see what I can learn. Any advice?

Nolo Contendere..No contest..Basically meaning i'm guilty but have mercy on me. Perhaps you could ask for Defered Ajudication

 

[Chris Duffy]

i couldn't ask for defered adjudication because i was charged with leaving the scene of an accident.
is their a safe way to ask for a plea bargain, without incriminating myself? or is it safe to just ask? i'm not sure how much evidence they have on me, besides the paint dust, and maybe an annonymous call. i wouldn't want to add to it by asking for the wrong thing.

 

[sukharev]

i couldn't ask for defered adjudication because i was charged with leaving the scene of an accident.
is their a safe way to ask for a plea bargain, without incriminating myself? or is it safe to just ask? i'm not sure how much evidence they have on me, besides the paint dust, and maybe an annonymous call. i wouldn't want to add to it by asking for the wrong thing.

Cut the crap out, admit you were guilty and state you are sorry and learned your lesson. Then, listen to what DA has to say. Decide if it's worth taking (for example, if your target is keeping it off the record, take any offer that does this, like large fine and court costs). If not, plead guilty at trial and hope the judge will listen to your explanation (whatever that would be).

If you want insurance against using your statements in trial, formally request pre-trial conference with DA, and this way your statements cannot be used in court.

You can still do discovery, does not cost you anything, but you would have to request deposition from any witnesses to get anywhere.