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court order Criminal Trials, Hearings

Discussion in 'Criminal Procedure, Criminal Court' started by kristen10, Aug 7, 2002.

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  1. kristen10

    kristen10 Law Topic Starter New Member

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    I have been brought to court for a zoning violation (criminal misdemeaner) for a nonconforming use on my property. A year ago a judge ruled on this same matter and allowed the nonconforming use to be continued (I have a transcript). Now I have been found guilty of violating the same exact ordinance even though I have this previous court ruling (same ordinance and same issue) saying I can continue the nonconforming use . What type of recourse do I have and where do I go to get somebody to look at this previous ruling and acknowledge that I was merely following the judges orders? How can a person be found guilty for following a court order? Any advise is greatly appreciated. Thank you.
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Why not bring it up in court as a defense to the charge?
     
  3. kristen10

    kristen10 Law Topic Starter New Member

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    I tried that. It along with my other motions has been ignored. And to top it off....it's the same judge again so it's their own words they're ignoring. That's why I'd like to hear any other ideas on getting it enforced and dismissing the guilty verdict. Any ideas are welcome. Thanks.
     
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Why are they ignoring the defense that you were granted permission from a prior decision. That's not something they can ignore. When you say a transcript... was that a decision that was entered? You need to specify.
     
  5. kristen10

    kristen10 Law Topic Starter New Member

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    In a logical world you would be absolutely right. And I ask myself the same thing. How can they ignore the previous ruling? I have a copy of the transcript with the judge speaking and allowing it as well as an order for dismissal from the previous case. This is the motion I'm trying to get heard before the sentencing date (the other posting you responded to from me about getting a motion heard). The motion I'm trying to get heard is a motion for dismissal based on the judges ruling from the previous case allowing the nonconforming use (same judge). I've attached the transcript with the judges own words allowing the nonconforming use highlighted with the motion but they won't hear it. The clerk told me I can't get the motion heard. Obviously I'd like this dismissed without having to go to the sentencing phase, but I'm at a loss. I've tried obtaining a lawyer but haven't been able to find one (2 wanted 10 - 15 thousand and the other two wouldn't take the case). I'm at a loss. Any ideas on getting this previous ruling enforced and current guilty verdict dismissed are appreciated.
     
  6. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Why didn't the other attorneys want the case, even if they would be paid?

    In the event of a serious misconduct, you can and might want to contact the state bar association. Additionally, your state might have a judicial review commission.
     

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