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To Sean keefer: a security guard was the sole complaintant…

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Second opinion] To Sean keefer...
Second opinion] To Sean keefer : a security guard was the sole complaintant against my niece, and the security guard charged my niece with removal of a shopping cart.We are loasked to write what the style of the case is.It cannot be the State vs. My niece because the State initially refused .So this is tricky because the actual owner has no complaint(s)So we put:
The name of guard (Security guard and non -owner/ Sole plaintiff)
( The State initially refused when case(s) began in General District Court, and subsequently lsecurity guard was forced to represent himself as Security guard, since the property owner had no complaint(s) ;however, State was subsequently forced to be involved on appeal to Circuit Court in November ,2017.)Question: is this ok?
Submitted: 1 month ago.Category: Criminal Law
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Answered in 1 hour by:
3/20/2018
Criminal Lawyer: Sean K, Lawyer replied 1 month ago
Sean K
Sean K, Lawyer
Category: Criminal Law
Satisfied Customers: 422
Experience: Attorney/Member in Private Law Firm
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Thank you for requesting me on this.

Question - do you have anything that has been filed with the Court in document form?

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Customer reply replied 1 month ago
Can the court change the original charges because they think that it makes them look bad?
Criminal Lawyer: Sean K, Lawyer replied 1 month ago

Meaning can the Court decide to change the charges if the Court believes the charge makes the Court look bad?

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Criminal Lawyer: Sean K, Lawyer replied 1 month ago

So courts are really not concerned with how they are perceived. As a result of this, it is likely that a Court would not just change a charge on the whim of a judge. More likely if there was a question that related to the validity of the case or an issue with it the Court would just dismiss the case.

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Customer reply replied 1 month ago
There was no question of validity. The Judge stated he does not have to follow the law. It was appealed. The Judge told several lawyers to stop this appeal. When they could not the charges were changed. The clerk said another clerk made an error and there was no going back. Is this true?
Customer reply replied 1 month ago
Why do you say the courts do not care how they are perceived. Do you mean to layman or a Supreme Court?
Criminal Lawyer: Sean K, Lawyer replied 1 month ago

Since Court's don't bring the charges they don't have a concern as to how they are thought of as they just dispose of or finalize any case brought before them. In other words, it was not a judge that started any case that would be in the system.

A judge will dispose of a case as they see fit - (as an aside, I am surprised a judge would say that he does not have to follow the law, and if that was actually said, it may not be a bad idea to get a copy of that transcript and follow up on that). Now, judges will from time to time look at a case and believe, in their opinion, that a case should not be in Court and will encourage the parties to resolve it, but it is very peculiar that charges would be changed. If an error was made by a clerk, then that error could easily be remedied and the case proceed a proper.

As to judges not being concerned as to how they are viewed, they do what they believe is called for and if there is a problem, the parties are encouraged to take the matter up with a higher court.

I have never heard of or seen a case where charges were brought in a criminal matter and a Court or judge, as a result of being concerned that someone may think the Court will look bad, changing the charges. If they happened, then the likely result is that the charges being changed would make another group of people think the Court looked bad. Bot***** *****ne is that judges cannot concern themselves on how people feel or think about them, they have to follow the law and if they do that, then opinions don't matter. That is why if a judge said on the record they did not have to follow the law that needs follow up.

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