nythng4mygrl
Member
What is the name of your state (only U.S. law)? LA
I am seeking advice on how to handle this.
1. 2007 - dad and his wife tested shadowy on drug test (slapped on wrist by judge)
2. 2008 - Judge noticed that dad had narcotics on several drug screens and dad provided prescription after the screens. Judge was given empty pill bottle for 50 pills prescribed 7 days before court. (slap on wrist, and ordered him drug court until she says when to stop)
Dad's attorney pulled up online records on what he made out to be crimes my dad was convicted for, however my brother who is a JR was guilty of those misdimeanors. Judge found in favor for dad and ordered grandfather (my dad) who lives with me and my daughter not to drive or be alone, due to "consuming alcohol" however grandfather was not there to defend himself. I did not know that it was my brother who did these things, because when it all happened I was out of state in college 16 years ago. Negotiations were in the works and dad stopped taking drug screens. I was going to drop his wife from testing in exchange for grandfather being able to pick my daughter up from school or bring her to extra curricular activities, such as art classes, karate, and gymnastics.
3. Dad did not accept negotiation and stopped testing anyway. Dad has taken a total of 1 drug screens since January 2008, which was last court date, and his attorney will not forward over to my attorney those results. Dad and I are scheduled for random bi/weekly testing. I had to consent to testing in order to have him test, however I am in process of getting dropped after next court date.
Here is my question. Why is it that a judge would allow dad who obviously had too many narcotics in his system to drive my daughter around all high, however grandfather who was accused of drinking alcohol (it was brother who got the DWI) is not allowed to drive my daughter anywhere. How do I overturn the judge's decision and show her the proper documents that shows both my brother and grandfather's socials and clearly explains that dad's attorney made a huge error? Here is the kicker, dad admitted recently to me that he was trying to hang something over me. He stated that he was aware that it was my brother the entire time, and so was his attorney. He told me there is nothing I can do, because it was not presented as evidence, but when his attorney was dangling the document in the air, that was all that the judge needed to see without him presenting it as evidence. If I do go back for an appeal, and the decision is overturned would I still be able to seek legal fees from last court date in January, or is there even a chance of the judge overturning her decision?
This is my last question. How many times do I have to take dad back to court before he is found in contempt and what are usually the consequences if he has narcotics and marijuana in his system? Thanks.
I am seeking advice on how to handle this.
1. 2007 - dad and his wife tested shadowy on drug test (slapped on wrist by judge)
2. 2008 - Judge noticed that dad had narcotics on several drug screens and dad provided prescription after the screens. Judge was given empty pill bottle for 50 pills prescribed 7 days before court. (slap on wrist, and ordered him drug court until she says when to stop)
Dad's attorney pulled up online records on what he made out to be crimes my dad was convicted for, however my brother who is a JR was guilty of those misdimeanors. Judge found in favor for dad and ordered grandfather (my dad) who lives with me and my daughter not to drive or be alone, due to "consuming alcohol" however grandfather was not there to defend himself. I did not know that it was my brother who did these things, because when it all happened I was out of state in college 16 years ago. Negotiations were in the works and dad stopped taking drug screens. I was going to drop his wife from testing in exchange for grandfather being able to pick my daughter up from school or bring her to extra curricular activities, such as art classes, karate, and gymnastics.
3. Dad did not accept negotiation and stopped testing anyway. Dad has taken a total of 1 drug screens since January 2008, which was last court date, and his attorney will not forward over to my attorney those results. Dad and I are scheduled for random bi/weekly testing. I had to consent to testing in order to have him test, however I am in process of getting dropped after next court date.
Here is my question. Why is it that a judge would allow dad who obviously had too many narcotics in his system to drive my daughter around all high, however grandfather who was accused of drinking alcohol (it was brother who got the DWI) is not allowed to drive my daughter anywhere. How do I overturn the judge's decision and show her the proper documents that shows both my brother and grandfather's socials and clearly explains that dad's attorney made a huge error? Here is the kicker, dad admitted recently to me that he was trying to hang something over me. He stated that he was aware that it was my brother the entire time, and so was his attorney. He told me there is nothing I can do, because it was not presented as evidence, but when his attorney was dangling the document in the air, that was all that the judge needed to see without him presenting it as evidence. If I do go back for an appeal, and the decision is overturned would I still be able to seek legal fees from last court date in January, or is there even a chance of the judge overturning her decision?
This is my last question. How many times do I have to take dad back to court before he is found in contempt and what are usually the consequences if he has narcotics and marijuana in his system? Thanks.
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