Criminal Law Questions? Ask a Criminal Lawyer.
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Thank you for requesting me to answer your question.
I am sorry about this unfortunate situation.
yes, it is bad
this kid is hooked up in this town
What proof do you have that the other driver was cited at the scene of the accident?
has citation number
the officer did not even write his name correctly on the ticket,,,, the officer knew this kid
Have you filed a formal complaint with the local police department involved internal affairs unit?
Do you suspect corruption here?
this guys wife is friends with the prosecutor,,,,,
i have pictures of facebook photos of the prosecutor and one of his relatives grew up with this guys wife
but i already have a default judgement against his
now he got an attorney and they sent me his original answer,,,,its too late for him to be doing this?
I would suggest that you do file formal complaint with the local police department internal affairs bureau, District Attorneys office, Office of Attorney General and also you can file complaint with the FBI is you suspect this local and state government officials engaging in corruption.
A default judgment can be set aside upon the motion of the judgment debtot.
The courts are really liberal when it comes to setting aside default judgments, especially if the motion to set aside default judgment is filed within 180 days from the default judgment being entered.
he failed to answer the summons
This is due to the fact that under the law everyone is entitled to their day in court.
But as long as the defendant can show excusable neglect, the court would usually set aside a default judgment.
What was the amount of the default judgment?
Well, since the default judgment was for such extremely high amount, most courts would be inclined to set aside default judgment, for any valid legal reason and to allow the defendant to proceed.
he was at fault, and the officer said he failed to yield,,,,he ran a stop sign and t boned me,,,i had to have back surgery
Are you represented by a local attorney in this case?
I completely understand.
since he has no insurance, i cannot find anyone to take the case,,,,,they say the money thing
i have 40 thousand in medical bills and expenses
do i have to answer this answer
Unfortunately, you will need to hire local attorney to help you with representation in this civil case and also to help you pursue the injustice that has been happening related to the lack of criminal prosecution or other enforcement against this kid.
I cannot tell you what to do.
That is a specific legal advise that can only be given to you by your local attorney.
I can only provide customer of this website with general answers to their legal questions.
we also had a hearing about my medical bills and they kept them....why did they do that
You do need however to hire a local attorney, who can review your entire case and who can properly represent you in your civil lawsuit against this other driver, as you will be at a huge disadvantage if you try to handle it on your own, while this kid is represented by a local attorney.
Who kept them?
what is messed up,,,,i tried to get this law firm to represent me and they would not
the court reporter
May be they were entered into the transcript if you did not have copies.
so if his lawyer needs any documents,,,,,he would have to get they from her, right
they want to charge me 300 dollars for the transcript..so he can pay to get the infor?
Unfortunately, it might be difficult for you to find a lawyer or law firm who would take an uninsured case on a contingency and you might have to actually pay your legal fees, but you could also sue the other driver for the legal fees and they might be awarded to you if you prevail.
yes transcripts are expensive
Litigation is very expensive in general.
but, i am having problems with the facts. like I was working out three to four times a week and have documentation to prove it, and I did not work out for the next six months, while paying the entire time and my diabetes doctor can testify that i never said anything about having any back problems. I went to see a counselor and she suggested I get on depression medication. I was suppose to graduate from college and I did not get to do anything I had planned due to the fact that I spent the last year in rental car, body shops, emergency room, hospitals, and laid up after surgery while he was getting married and honey mooning. he said he hit me in the police report,,,,,how much guiltier can he be
what would you guess it would cost.....ball park figure....
I completely understand how upset and frustrated you are with this. I would be too.
i am spending my life savings and he is just getting a free pass
It is not about finding of guilt by a police report, but about establishing the percentage of liability and also you would only be able to claim direct damages resulting from the accident, if the other driver is found liable and not circumstantial damages.
I did talk to the mayor,,,,,,told him what was going on and he said he was going to launch and internal affairs investigation,,,i am not confident in what the results are going to be.....the FBI is very close
It is impossible to predict the entire cost of litigation and each attorney sets his /her own rate, but most attorney who do handle this type of litigation charge from $150-$350 an hour for their billable time.
Well, I told you in the beginning as to what the options are as far as corruption goes.
And more pressure you put on them by reporting them, the more likely they will do the right thing and will follow the law.
I have called the attorney generals office and they said they only look into state related investigations,,,,,,is there someone else I could talk to
what type of reports should the officer filled out at the time of the wreck.
FBI would be appropriate.
They are directly charged with investigation of a public official corruption on local and state level.
i was told he should have filled out some type of safety responsibility form of some kind
I do not know that, as I was not there and do not have all the facts, so the officer supposed to complete an accident report and issue citations for any violations to all drivers.
I am not sure who told you that.
But the records related to this accident can be audited and reviewed by the FBI.
Do you have any related follow up questions?
drivers office of financial responbility
it is very rare that tickets come up missing?
It does happen sometimes.
But, it appears in this case, it might have been intentional, based on the facts you have described.
And another ticket can be issued, if one went missing.
this is a small office and a officer told me they are responsible for everything they do and it is just not suppose to happen.
Many things are not supposed to happen, but people do make mistakes and documents can be lost, but they should be replaced or re-issued.
but this kid was getting a free pass until I went and asked about it....the officer who wrote the ticket said,,,,it is not fair to put a warrant out for his arrest,,,,,it was 8 months after the ticket was issued.....and their was resistance to move forward to issue a warrant.
they said nothing would have ever been done .....if I had not asked about it....but it seems funny that all of the police, prosecutor are friends and his mother being a probation officer....they just arrested a guy in that office for unprofessional conduct,,,trying to have sex with is probationers
And that is why you would want to consider filing a formal complaint with the Internal Affairs Division and also with the local FBI office.
do you really think the fbi with do anything
They will take your report and will review it and if your report determined to be credible, they will conduct an investigation into this matter.
i will do that....
thanks for your help...but I can prove he is responsible .....
I am very sorry you had to go through this ordeal, but I really think that at this point you do need to hire a local attorney to help you get some results and to deal with all the corruption.
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one last question......if he files bankruptcy. and he will,,,,,is the civil courts ruling on the matter always dismissed, I talked to investigator and he said that does not always happen....but a lot of people say, all he has to do is file bankruptcy and all his debt would disappear....what do you think....i have heard both ways....
It does not always happen.
I think that may be why he just got an attorney....but he is guilty ....he caused the accident....
If the accident was the result of the driver’s willful and malicious act or drunk driving, it will survive bankruptcy.