Court Again

I believe I already told you that you should file a civil charge of harassment against the officer. If this case is thrown out then you have proof and a chance to regain some of what it has cost you. If the victory is publicized, you have another chance of having one of these "rotten apples" tossed from the barrel. But as it stands, you will either win or be left off on a lesser offense and the incidence will be swept under the rug thus making your entire effort meaningless.

i am going to bring this up with the lawyer when i call him

thankyou once again for the advice
 
i am going to bring this up with the lawyer when i call him

thankyou once again for the advice


honestly...I wouldn't use a lawyer other than counsel.

No clue on NC but in PA I will tell you how this would play out...

You would show up and the judge would call the lawyer and da to private chambers where they will all figure out how to cover their butts and make you feel you got off easy. Lawyer will not risk his relationship with a judge at this level so he will sell you out and make it sound you are getting the best he can get you.

Arm yourself with the law and read it to the judge. Make him make a decision and get a copy of the transcript.

once you get to that point...let me know...

right now the lawyer will cost you more than the fine probably will
 
Didn't read through all the posts but was that just the arraignment? Not the trial?

Sounds strange. If there is a court date and the officer doesn't show, usually they get dismissed.

--Wag--
 
Didn't read through all the posts but was that just the arraignment? Not the trial?

Sounds strange. If there is a court date and the officer doesn't show, usually they get dismissed.

--Wag--


If the D/A is present, they can ask for a continuance....which she apparently did.

I have a feeling she knows this could be really bad for the police department and she wants to get everyone on the same page before it goes in front of the judge.
 
you are doing the right thing. Stand up for yourself and don't accept this bogus azz ticket. The cop is already on the judges chit less probably for missing the court date.
 
you are doing the right thing. Stand up for yourself and don't accept this bogus azz ticket. The cop is already on the judges chit less probably for missing the court date.


doubtful,

lawyers list their witnesses for court. Clerks contact people like the cops and tell them if they have to appear. If they weren't listed then they do exactly what was done. Now he had a right to contest the request for continuance and demand his right to a trial. Toss up if the judge said yes or no.


You have to realize that the lawyers in that courthouse, the judges and the cops are all colleagues. They go to lunch together, attend each others weddings and birthday parties etc... Them not gonna pissing one another off is more important than your rights. They do most of this with back room agreements. Its sad in reality.

My girlfriend works in a courthouse. I attend those weddings and birthday parties. Unfortunately, she does not work in the courthouse in MY county...???
 
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When a DA tried to get a continuance on a BS trespassing charge and the officer didn't show, I told the judge I took time off work/school to travel to court and he threw it out immediately. Don't be afraid to stand up and express to the judge how much you are sacrificing in time/money/effort (twice now). They may throw it out since the officer has YET to show up. If it's important enough for you to show up it should be important enough for the LEO.

Doesn't hurt to try. Don't sit there idley by while the DA tries to railroad you.
 
You should have argued that you were ready to proceed, missed work, etc. Good luck in July. :thumbsup:
 
You should have argued that you were ready to proceed, missed work, etc. Good luck in July. :thumbsup:


yeah but I see this different...

I personally would file a civil action against the cop for harassment with punitive damages for say $20k (over $5k here they put you in small claims with a judge and a cop and no recording officer....you want it all on record so set the figure high). You delay that as long as you can to get the verdict from the criminal trial which you want the judge to find you innocent, not no contest because that allows a gray area in the civil proceedings. If everything goes as planned and you win both trials and even if the judge does not award you anything of real substance....then you contact the local newspapers. When you are done the cop will no longer be in your area IF he even has a job.
 
I'm waiting to see how this turns out myself. NCHP should have deep pockets. In a civil action I could see her lawyer starting off with a $150K settlement request.

If I don't show up for court my cases get tossed. Maybe he had a death in the family or some other circumstance and the state can exercise their right for a continuance. I'm thinking the DA tried to get out from under this nightmare today. That's the way it looked to me. I doubt the judge will allow this again. I think if busastalker would have complained it would have been tossed today.
 
I agree, take the helmet with you to court and ask the Judge what's wrong with it. Tell him it's Dot and Snell approved, and you've asked other Leo's if this helmet is acceptable and they have said yes, so why did you recieve a ticket?
 
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I agree, take the helmet with you to court and ask the Judge what's wrong with it. Tell him it's Dot and Snell approved, and you've asked other Leo's if this helmet is acceptable and they have said yes, so why did you recieve a ticket?

The issue is the mohawk correct?
DOT does not allow adding anything onto a helmet with a protrusion over 5mm unless it is necessary for the helmet to function as designed.
Adding the mohawk violates DOT regs, therefore NC law.
Good luck.
 
The issue is the mohawk correct?
DOT does not allow adding anything onto a helmet with a protrusion over 5mm unless it is necessary for the helmet to function as designed.
Adding the mohawk violates DOT regs, therefore NC law.
Good luck.

in the law it state NOTHING RIGID the mohawk is not rigid
 
The issue is the mohawk correct?
DOT does not allow adding anything onto a helmet with a protrusion over 5mm unless it is necessary for the helmet to function as designed.
Adding the mohawk violates DOT regs, therefore NC law.
Good luck.


please show the law and direct us to the public posting....

reason I think you are wrong is because the FEDs do not govern helmets as far as I know. That falls upon each state to implement and enforce.
 
doubtful,

You have to realize that the lawyers in that courthouse, the judges and the cops are all colleagues. They go to lunch together, attend each others weddings and birthday parties etc... Them not gonna pissing one another off is more important than your rights. They do most of this with back room agreements. Its sad in reality.

My girlfriend works in a courthouse. I attend those weddings and birthday parties. Unfortunately, she does not work in the courthouse in MY county...???


I think we should back up this train. Not all cops and lawers and judges are friends. And it is not a big bad machine that the comon man gets run over in.

In fact some of you might think the cops work for the Judge. That is not true, LEO's power is though the administrative branch of the government (congress, house of reps ect.).

As for the court issue. Be armed with a copy of the code, and have a well rehersed speech with qoutes:rulez: from the law showing that your helmet is not illeagal. Also refain from name calling and induindoes. I don't know of any Judge who likes this and then you have put you case in the hands of his mood.

If you can not point out how your helmet is legal then... You are screwed and should have paid the ticket.

Good luck either way.
 
I think we should back up this train. Not all cops and lawers and judges are friends. And it is not a big bad machine that the comon man gets run over in.

In fact some of you might think the cops work for the Judge. That is not true, LEO's power is though the administrative branch of the government (congress, house of reps ect.).

As for the court issue. Be armed with a copy of the code, and have a well rehersed speech with qoutes:rulez: from the law showing that your helmet is not illeagal. Also refain from name calling and induindoes. I don't know of any Judge who likes this and then you have put you case in the hands of his mood.

If you can not point out how your helmet is legal then... You are screwed and should have paid the ticket.

Good luck either way.


you need to reread what I said...I said colleagues...never mentioned friends

They have working relationships that they will not tarnish to get you a step ahead in a case like this.

And both judges and cops work for government...it all ends up in the same place one way or another.

A lawyer definitely will not risk being black listed by a judge....would you hire a lawyer to represent you once you hear that the judge doesn't like him? I wouldn't. It would just cost you more money and grief in the end.

I have already stated that the reason the cop gave him for the ticket is b/s....look up the code and move forward. Reading directly from the book and being respectful is the key.
 
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