• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

appeal decision based on new witness

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

ajshawna

Junior Member
What is the name of your state (only U.S. law)?
Utah
URGENT! ONLY HAVE TWO DAYS TO FILE APPEAL. PLEASE HELP!
Can we file an appeal because we have a witness that was not brought forth in the inital trial that will dispute the validity of testimony given in the inital trial?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)?
Utah
URGENT! ONLY HAVE TWO DAYS TO FILE APPEAL. PLEASE HELP!
Can we file an appeal because we have a witness that was not brought forth in the inital trial that will dispute the validity of testimony given in the inital trial?
Who is "we" and what is the case about and why don't you ask your attorney?
 

tranquility

Senior Member
Good questions by Zigner, but even after they're answered I bet the answer is going to be, no.

Why wasn't the witness brought forth? Usually appeals are on the law and not on the facts. It seems like you want to make a fact argument. Why you didn't make the argument earlier is important.
 

ajshawna

Junior Member
Thank you for replying..The case was for a 'code violation' and the 'code enforcement' officer, who issued me the violation, told me at the time of issuance, that if I got everything cleaned up within 30 days, he would go to court and tell the judge to withdraw the complaint. So, I complied and busted butt to get it cleaned up.. The 1st court appearance, he (the code enforcer) did not show up, the prosecutor offered me to plead guilty to 1 charge, she would drop 2. I said no because I 'complied' by having it cleaned up before 30 days. So they set a trial date.
I had my witness at the 1st appearance, and he is a retired chief of police, and knows the 'enforcer' so my witness called the 'enforcer' right from the court house asking him where he was? And the 'enforcer' stated to my witness (the retired chief) that he knows I was in 'compliance' and not to worry he will be at the next court date and will drop the charges then.
So I show up for 'trial' ,this time without my witness, because this shouldn't take long, he is just going to 'have the charges dropped' right?
WRONG, he (the enforcer) gets up on the witness stand and flat out LIES and says he never told me anything of the sort, and they found me guilty on all 3 charges and fined me $1000.
If I would have known his '30 day' deal was bogus, I would not have busted my ass to get it cleaned up, AND I would have taken the 'deal' offered at the first appearance ending it all then. Instead, I take it to 'trial' and miss another day of work, and at the time of my 'conviction' everything happened so fast and me being 'dumb founded' ...
So, I would like to file some sort of 'appeal' so I can present my witness, and get him (the enforcer) for PERJURY! I do not want to have to pay $1000 fine. Is there any hope? Thank You for your time..I hope I explained it good..?
 

Zigner

Senior Member, Non-Attorney
Your appeal will not be successful. You had every opportunity to have your witness at the trial.


Thank you for replying..The case was for a 'code violation' and the 'code enforcement' officer, who issued me the violation, told me at the time of issuance, that if I got everything cleaned up within 30 days, he would go to court and tell the judge to withdraw the complaint. So, I complied and busted butt to get it cleaned up.. The 1st court appearance, he (the code enforcer) did not show up, the prosecutor offered me to plead guilty to 1 charge, she would drop 2. I said no because I 'complied' by having it cleaned up before 30 days. So they set a trial date.
I had my witness at the 1st appearance, and he is a retired chief of police, and knows the 'enforcer' so my witness called the 'enforcer' right from the court house asking him where he was? And the 'enforcer' stated to my witness (the retired chief) that he knows I was in 'compliance' and not to worry he will be at the next court date and will drop the charges then.
So I show up for 'trial' ,this time without my witness, because this shouldn't take long, he is just going to 'have the charges dropped' right?
WRONG, he (the enforcer) gets up on the witness stand and flat out LIES and says he never told me anything of the sort, and they found me guilty on all 3 charges and fined me $1000.
If I would have known his '30 day' deal was bogus, I would not have busted my ass to get it cleaned up, AND I would have taken the 'deal' offered at the first appearance ending it all then. Instead, I take it to 'trial' and miss another day of work, and at the time of my 'conviction' everything happened so fast and me being 'dumb founded' ...
So, I would like to file some sort of 'appeal' so I can present my witness, and get him (the enforcer) for PERJURY! I do not want to have to pay $1000 fine. Is there any hope? Thank You for your time..I hope I explained it good..?
 

tranquility

Senior Member
You should have issued a subpoena to your witness.

Going to court is not a casual thing. I assume you did this without professional assistance?
 

ajshawna

Junior Member
Ok, then, how bout this: Can I sue him (the enforcer) for perjury? in the amount of my $1000 fine? He is a 'trusted city official' who perjured (sp.?) himself under oath!!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top