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Cedric
Cedric, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 2899
Experience:  Several Years of Criminal Defense Trials in L.A. and O.C. as public defender and private attorney
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I was issued a citation by an OC Sheriff. I pleaded not Guilty.

Customer Question

I was issued a citation by an OC Sheriff. I pleaded not Guilty. Appeared for trial. Brought stills and Video of intersection that showed from the officers stated position, that the limit line was not visable. Judge said That I would have to leave him my laptop for 30 days for him to review. I stated that It was a work Laptop but I would be happy to transfer the electroinc files to a jump drive. The Judge then stated that the officer would not beable to review the files as he would not have a copy. I said I'll give him a jump drive too. Judge mumbled and said Guilty. I appealed. In the Judge appeal answer he states that he ruled the stills and video as irrelevant and lacking foundation and was not admitted. I need case law to show that it had foundation and his willingness to take laptop was an acceptance of evidence.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Cedric replied 4 years ago.

Actually, you don't need that case law, so long as you made an initial effort to introduce the items into evidence and voiced an objection at the time, you have established sufficent grounds to overturn your case. The appellate court will most likely rule in your favor (not based on the merits), but based on the judge's failure to consider the piictures and other documentation you had into evidence--which is a clear abuse of judicial discretion.

Cedric, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 2899
Experience: Several Years of Criminal Defense Trials in L.A. and O.C. as public defender and private attorney
Cedric and 8 other Criminal Law Specialists are ready to help you
Expert:  Cedric replied 4 years ago.
Also, out of curiosity, what was your judge's name? I practiced in North Court and know most of the judges there.
Customer: replied 4 years ago.
I'll look for his name. He was just put on the bench around September of 09
Expert:  Cedric replied 4 years ago.
Thanks! Just wondering if it was Berensen. He went to traffic court after I left the office in later 2008. He's a real ballbreaker. Bald guy with a big yousimite sam type of mustache and a speech mattern that's similar to how drying paint would sound if it had a voice--but his bark was definitely lounder than his bite, and I grew to like the guy.

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