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I don't know if you'd be willing to help a fellow attorney,

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but now that I'm retired...
I don't know if you'd be willing to help a fellow attorney, but now that I'm retired I do a lot of appearances for truckers on log book infractions, like false entries, and am trying to find good defenses. Any advice?
Submitted: 3 years ago.Category: Criminal Law
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Answered in 5 hours by:
6/17/2015
Criminal Lawyer: Andrea, Lawyer replied 3 years ago
Andrea
Andrea, Lawyer
Category: Criminal Law
Satisfied Customers: 12,554
Experience: 25 yrs Criminal Defense, Real Estate & Business Law, Family Law, Immigration, Employment Law
Verified
Hi, my name is ***** ***** I will be glad to assist you and I am always willing to help a fellow attorney. The only thing I ask in return is that you leave a positive rating which does NOT cost you anything, but that is the only way that JustAnswer gives us credit for assisting customers Fair enough ?
ANSWWER -
Since you have not stated what reasons the truckers usually give you, or under what circumstances do they find difficulty in making the proper entries, it is difficult to be creative. However, I can tell you what I do when a client answers my questions with information which I know for a fact that the Court would not accept, what I do (and, I am sure that you have learned this also furing your practice) is to rephrase and paraphrase what the client has told me , but I state it in a circuitous fashion so that I am not fabricating anything, but neither am I stating exactly what my client has told me. In other words, I manage to beat around the bush and include other facts which do not really Answer the question, but I manage to divert opposing counsel's attention to other matters. In other words, I take a circuitous route, interjecting other facts along the way so that I successfully divert opposing counsel's attention to the information he is trying to elicit. You can be very creative in the language you use, as long as you do not engage in fabrications,
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Please be kind enough to leave a positive rating so that the website will give me credit for assisting you.
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Customer reply replied 3 years ago
Andrea thank you for your reply. We rarely get to speak to the client . I am looking for a more general strategy to try to get the other side to give me discovery or to get a dismissal if they don't as they usually do not. But thank you for your response
Criminal Lawyer: Andrea, Lawyer replied 3 years ago
In your reply, your stated,
"I am looking for a more general strategy to try to get the other side to give me discovery or to get a dismissal if they don't as they usually do not."
ANSWER -
Since the objective is to have the Judge dismiss the Plaintiff's case against your client with prejudice,if I were you, I would think of all the evidence that is related to my client's case and then ask opposing counsel to furnish me with those documents, but I would include in my request, documents and other evidence that would not only help my client's case, but that would also be very difficult for opposing counsel to readily locate. Then, I would make a Motion for Sanctions against the Plaintiff, request the Court dismiss the Plaintiff's case with prejudice, and enter judgment in favor of my client,
____________________________________________
Please be kind enough to leave a positive rating so that the website will give me credit for assisting you. It will NOT cost you anything, but without a positive rating, JustAnsswer will not compensate me for my time and effort.
Bonus and Positive Feedback are always appreciated,
Kindest Regards,
ANDREA
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