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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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If in a trial, none of the Plaintiffs witness police

Customer Question

If in a trial, none of the Plaintiffs witness police officers shows up.and there are no other witnesses for the plaintiff, then does the trial continue? Can my cousin find out the reason that none of the officers showed up?
Submitted: 2 years ago.
Category: Legal
Expert:  Zoey, JD replied 2 years ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer.
Are you talking about a criminal case here, because there is no plaintiff in a criminal case. There is a complainant and his or her interests are represented by the prosecutor?
Yes, a criminal trial will continue. The state will get an adjournment. It usualy means that the officers involved have conflicting obligations and cannot rearrange their duty schedule to come to court on that day.
The police are the law enforcement arm of the prosecutor's office. They will testify for the state when called upon. Your cousin's lawyer should be able to find out what the problem is as the judge will ask if it is going to hold up a trial. The reason generally has nothing to do with the trial case.
Customer: replied 2 years ago.
This was for a restraining order. The restraining order was gotten by the plaintiff. The plaintiff won in the first trial, but then the defendant appealed. The defendant lied and said the first judge had something wrong , and would not let the defendant enter evidence. In fact , when the first judge specifically asked for key evidence, the defendant said there was none. So the defendant went home and photo-shopped evidence,, that was later given to the 2nd appeal judge. The defendant's lawyer lied and said the plaintiff was appealing because the plaintiff is a revengeful loser. The court said the appeal papers were given to the judge, that clearly show the defendant lost and then appealed.My cousin's lawyer said nothing,-and never objected- because the other lawyer is very wealthy and owns much property and this wealthy defendants lawyer promised the plaintiffs lawyer free office space in a very nice part of town.Without the police officers, my cousin had no corroboration at all. The plaintiffs lawyer did not tell his client about an "exhibit" list, and when the plaintiff accidentally found out-it was too late to object. My cousin (the plaintiff) begged to tell the judge what was happening. But the judge refused, and said only the plaintiffs lawyer who wanted the defendants land could talk. The Plaintiffs lawyer said that a restraining order is very low priority, but that his office space was a huge priority. So the plaintiffs lawyer joined forces with the defendants lawyer and never objected to anything, even with written documented proof that proved my cousin was telling the truth.What can my cousin do?
Customer: replied 2 years ago.
10 July 2015 07:53(I do not know if I did this correctly, so I am sorry if I wrote 2 dupicates)
This was for a restraining order. The restraining order was gotten by the plaintiff. The plaintiff won in the first trial, but then the defendant appealed. The defendant lied and said the first judge had something wrong , and would not let the defendant enter evidence. In fact , when the first judge specifically asked for key evidence, the defendant said there was none. So the defendant went home and photo-shopped evidence,, that was later given to the 2nd appeal judge. The defendant's lawyer lied and said the plaintiff was appealing because the plaintiff is a revengeful loser. The court said the appeal papers were given to the judge, that clearly show the defendant lost and then appealed.My cousin's lawyer said nothing,-and never objected- because the other lawyer is very wealthy and owns much property and this wealthy defendants lawyer promised the plaintiffs lawyer free office space in a very nice part of town.Without the police officers, my cousin had no corroboration at all. The plaintiffs lawyer did not tell his client about an "exhibit" list, and when the plaintiff accidentally found out-it was too late to object. My cousin (the plaintiff) begged to tell the judge what was happening. But the judge refused, and said only the plaintiffs lawyer who wanted the defendants land could talk. The Plaintiffs lawyer said that a restraining order is very low priority, but that his office space was a huge priority. So the plaintiffs lawyer joined forces with the defendants lawyer and never objected to anything, even with written documented proof that proved my cousin was telling the truth.What can my cousin do?
Expert:  Zoey, JD replied 2 years ago.
I'm sorry but you have now not only asked a different question, but it's a civil law question which does not belong in criminal law.
I am going to opt out of it and let another lawyer who specializes in civil litigation discuss your question, since my specialty area is criminal defense.
Good luck with this.
Customer: replied 2 years ago.
My apologies.I did not see a civil category.
Expert:  Sam replied 2 years ago.
HelloThis is Samuel and I am a different attorney on this site. I will try to assist you. What state did this happen in?
Customer: replied 2 years ago.
Delaware
Expert:  Sam replied 2 years ago.
HelloThank you. And as I understand it, there was an appeal and you have a problem with your cousin's attorney? You do not feel that he worked in your cousin's best interest in this regard - is that correct?
Customer: replied 2 years ago.
yes. My cousin(plaintiff) won at first, but defendant appealed. Defendants lawyer lied to judge and proclaimed that my cousin appealed because cousin is vindictive loser. The court papers filed show the defendant actually appealed. Do judges read factual court papers?
Expert:  Sam replied 2 years ago.
HelloThank you. Yes, the judge should have know the Defendant appealed. But I am not sure why that is an issue. At any rate, I suggest at this point, your cousin will want to consider filing a complaint about his attorney and not working in his best interests with the DE Bar Association. And he can file a fee dispute, if he feels he was charged and the work was not done property - you state his attorney did noting or did not speak out and/or object. Here is the Link to file those complaints.
Expert:  Sam replied 2 years ago.
Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please let me know here. Otherwise, I would appreciate a Positive Rating as that is how I get credit for my time.​Thank you
Customer: replied 2 years ago.
The reason it is an issue is because this was one of the reasons my cousin lost. Besides, I thought lawyers were not supposed to lie to the Court. And I always believed a lawyer was supposed to represent a client, and not take cheap bribes. I truly thought the court was sincere , I did not think it was akin to staged wrestling. Lawyers are "officers of the court" Do they have an obligation to the court to tell the truth ? .Does the Judge have an obligation to serve justice, and to actually read factual court documents?
Expert:  Sam replied 2 years ago.
HelloYes. You are correct and I used a poor choice of words. I was saying, I was not sure what your issue was. All that you say is correct. And that is why I suggest you begin with filing complaints Other than that, I am not sure where you want to try to take this. Are you asking if you have any type of lawsuits because of the behavior?
Customer: replied 2 years ago.
Can my cousin file a lawsuit and what for?
Expert:  Sam replied 2 years ago.
I suggest that he could file if the results of this fiasco harmed his reputation to the extent that he cannot become employed. But I also suggest that he would want to begin with the Bar Complaint. That way if the rule in favor of the attorneys he will no that he has no chance of winning such a lawsuit.
Customer: replied 2 years ago.
What does a bar complaint accomplish?
Expert:  Sam replied 2 years ago.
The Bar will either find fault and discipline the attorney or not. You don't have to go that route. It was my suggestion only. I suggest you go to a local attorney for a consultation.