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I was found guilty of harrassment a serious misdemeanor for

a voicemail message alledgedly on...
I was found guilty of harrassment a serious misdemeanor for a voicemail message alledgedly on an officers voicemail. My attorney advises me request trial by Judge. My 1st mistake. Anyhow the court allowed a duplicate finding it to be an identcal copy when the original wasn't lost or destroyed. Anyway the recording was rerecorded by a handheld of the message only. Nowhere does it say "You've reached so and so leave a message." The message only identified it to someone named Mark. No last name. And there is nothing to say it was even recorded off of and answering machine. Viocemail aren't left on an answer machine. They are left on a system either within the department or the phone company. All the recording is, is a recording that says Mark, John here, you blah blah blah. then not even a click. There is nothing to indicated the message to the officer or even left on a voicemail. Could be a recording of anything. The court relied on only the officers testimony. Officer even testified there was nobody there with him when he made this rerecording. When ask to identify it for the court he testified the CD the recording was on and used in court was a CD he prpared from the recordings that he made to give to the county attorney. Prepared, which means arranged, set up. Then from the recordings. There was only one they played. Is the Court wrong for allowing or my attorney for not pointing this out. My attorney objected to the allowing of the evidence , but overruled. How would you address the ineffective assistance on this or the courts for allowing this?
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Answered in 10 hours by:
12/24/2016
Law Educator, Esq.
Category: Traffic Law
Satisfied Customers: 119,427
Experience: Attorney with over 24 years of law and traffic law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
It was your attorney's fault for not objecting to the evidence and not seeking to authenticate the recording. It is not the court's duty, the court would admit the evidence based on testimony of the witness officer saying he made the recording from the voicemail or whatever that was left. If the defense wanted to challenge that then they had to object to the authenticity of the recording and ask for inspection of the original.
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Customer reply replied 10 months ago
It was objected to at trial stating our motion to analyze was granted and the state never produced the original when it wasn't lost or destroyed. However the recording was never filed as proposed evidence. First the state mentions the recording on record was at trial.
Customer reply replied 10 months ago
The courts reply was the state says the original is on the departments system how do you send the system in to analyze. Reason the issue of the state not producing the original.

thank you for your reply.

And your attorney failed to properly pursue this. An examination of the evidence of this nature is done by your own expert going to the department and reviewing the recording on their system directly. This is done all the time.

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Customer reply replied 10 months ago
okay, I agree. but still for the court to make that excuss for the state I feel is bulshit. The court is always making the excuses for the state and defending them.
Customer reply replied 10 months ago
Anytime you point something out about what the state did or did not do the court makes up the reason why the state did or did not do something. The state never has to address the issue. The seems to be able to read the states mind on everything.
Customer reply replied 10 months ago
like the probation violation. Not serving the remander of the 1st 2 days was not a condition the PO was claiming I violated. The court came up with that violation on it's own.
Customer reply replied 10 months ago
Is the court every responsible for thier actions? Doesn't seem like it.
Thank you for your reply.
As you say, both of us have been pretty astounded at how these cases have unfolded and how the court keeps just excusing obvious violations of rules, codes of evidence and your constitutional right to meaningful due process.
Law Educator, Esq.
Category: Traffic Law
Satisfied Customers: 119,427
Experience: Attorney with over 24 years of law and traffic law
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Customer reply replied 10 months ago
Yep, If I was the court I guess I would do the same knowing there is nothing anybody can do to them. Cause you have to blame an attorney for the courts actions. Who wouldn't. If you know you won't have to take any responsablity for your actions, what would stop someone for taking these actions. Be like being bullet proof.

Thank you for your reply.

It is the attorney that ultimately is not to blame though because it is his duty to protect your rights and represent you.

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Customer reply replied 10 months ago
like trying to find an attorney to represent you on a legal malpractice claim. Attorney's won't blame other attorneys. Same with courts a higher judge isn't going to say another Judge was wrong.

Thank you for your reply.

There are attorneys who specialize in legal malpractice and make quite a good living.

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Customer reply replied 10 months ago
I understand that. However a court is to be non bias also. ineffective assistance or not the court is to have higher standards. And act in a manner which this country relies on to say our judicial system is the fairestr there is and let soldiers die defending this while the courts just abuse it caring less about a persons rights which these guys are putting thier lives on the line fighting to keep these rights the courts just knowingly violate. Sickening!!
Customer reply replied 10 months ago
That is what just pisses me off. Basically lying to our guys putting thier lives on the line defending these corrupt courts. To me thats murder by our government.

Thank you for your reply.

You know from our conversations you are preaching to the choir about this.

I wish you a Merry Christmas.

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Customer reply replied 10 months ago
LMAO, I know Paul. Sorry about that. Merry Christmas to you also. Thanks for everything.

Wish you the best.

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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
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