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Recent Bench Trial questions
My disabled girlfriend was arrested at Walmart. She suffers
My disabled girlfriend was arrested at Walmart for shoplifting. She suffers many things including PTSD. She had an issue at self scan and could not figure out the issue. Twice, the attendant came and cleared the unit with the store ID. On her way out, she was stopped for two packages of sauce mix, retail total $2.98, not paid for and arrested. She had no idea there was an issue as she thought what was the problem was resolved but the attendant. She has a public defender. Walmart wants 10 days in jail period. The public defender wants a bench trial. This judge put a lady in jail because her two tiny dogs weren't on a leash....just saying. She had no intent to steal anything as her food stamps had plenty of funds. A bench trial in front of this judge is suicide in my opinion. She needs a good legal opinion other than the PD or mine. I recommend that all the store training records, work instructions, surveillance video, depositions etc be requested with a jury trial. Mine is an educated but not legally educated opinion only. I am disabled also with MS and can't afford to get an attorney for her. Help please.
I filed a motion judgment with the federal court of appeals
I filed a motion for summary judgment with the federal court of appeals subsequent to a brief I filed and subsequent to a motion for summary judgment in the district court and they ordered it taken with the case for consideration by the panel. The defendants in response argued, The federal rules of appellate procedure do not authorize a Motion for Summary Judgment. Can you explain what they mean since I see several summary judgment rulings in the court of appeals on my case law review.
I was pulled over and the officer said he paced me. the dash
I was pulled over for speeding and the officer said he paced me. the dash cam shows me passing the officer and the car he was following but has no speed anywhere. He did not use a radar gun. There is no set distance in Illinois or training for pacing. There is also no department policy on pacing. How is this legal. He said I was doing 61 in a 45 but I know this to be a lie as I looked at my speedometer when I went past the cop. the audio has been erased from the dash cam. He had pulled out of a parking lot and almost hit me and I blew my horn at him which I assume made him mad and 30 seconds later I was pulled over
I lost a small claims case. I filed an appeal jury trial.
I lost a small claims case. I filed an appeal for a jury trial. The appeal was granted. The Plaintiff has asked for questions of fact and law. I have to file an amendment specifying the questions of fact and law which require a jury trial. The amendment is due by March 10, 2016.I have been advised to file a continuance for a trial de novo by bench trial with injunction against the plaintiff.Do I have to file the amendment since I have filing for a continuance for a trial de novo with an injunction against the plaintiff (to stop her negative campaign and postings on the internet which has been ongoing for over 3 years)?
I want to bring a law suit against individuals charges.
I want to bring a law suit against individuals for following charges.1..Child Abduction2..Immigration Fraud3..Blackmail4..Defamation5..Slander6..Tort and7...PerjuryI want to know, which form , i have to file with the court.Is this considered a Civil suit or a Criminal suit.I appreciate your advise,and if u r available as a consultant , lets agree on a consultancy fee.I look forward to hearing from you.Ali **********************
Counselor at Law
How does a municipal court handle spoliation of evidence in
How does a municipal court handle spoliation of evidence in a bench trial?-A business filed a criminal complaint-The defense is seeking video capture from a specific time from from a casino.-The business is in a heavily regulated industry, and is required by statute to hold the video evidence for 7 days, and specifically hold it longer if it has evidenciary value.-The defense notified the business within 2 days via fax and mailing of the evidenciary value of the item, instructing the business not to destroy it.-The video item was requested by subpoena twice, and has not been produced-We are now moving to trial.The video evidence could easily be conceived to refute or confirm any testimony about the events that occurred that would have gave rise or not to the allegations in the criminal complaint since.It seems largely unfair that the evidence that would refute testimony is being withheld especially considering it is reasonibly known to have exhisted at a time when the buisness was instructed to preserve it for evidenciary value.
Car damaged in Oil Can ***** ***** car wash - right side
Customer: Car damaged in Oil Can ***** ***** car wash - right side mirror destroyed. Submitted a claim in small claims court - what can I expect? JA: Thanks. Can you give me any more details about your issue? Customer: Simply that the photos show the damage, made a complaint to the company, got bumped up to corporate, they promised to get back but after repeated calls nothing JA: OK got it. Last thing — JustAnswer charges a fee (generally around $36) to post your type of question to Legal Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit? Customer: yes JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
I had agreed to private arbitration to avoid a quickView more legal questions
I had agreed to private arbitration to avoid a quick scheduling of a civil case which sat on a docket for ten yrs- case scheduled in 2015 -the judge pushed for a quick trial and or arbitration due to Montgomery County Pa judges having mandates to get old cases off the books- - since cost was an issue- private arbitration was recommended and agreed to - the case is with a former employee claiming back pay of sales commissions-the employee is not entitled to any money and had a one yr signed contract - all other commissions were dealt with annually and paid when earned.I learned after agreeing to arbitration that a bench trial would have been better since private arbitration. I would like to go back to the court to get the pending arbitration case reversed and a bench trial rescheduled with ample time to get a new attorney and prepare.If I cannot find an atty who will take this case with a retainer I can afford ( under 5k) I may have to represent myself. I need to know what this entails- how self representation is viewed by judges- what assistance the court provides- and whether I would still have the right to appeal if the decision in a trail was not in my favor.