My jurisdiction is: California
I was reading about Criminal Law, and the part about Restitution because I have a problem I have to face. First this happened.
Accordingly, as much as I tried to tell my P.D., and the D.A., no one would listen to me. The lawyer said since we had contact (a push lead to tripping and a fall-DV and jail) with each other that regardless of what specifically she was trying to do (set me up to take custody during custody phace of Divorce), he didn't care if it was making the issue more worse and unjustly causing my future to be re-directed.
(Funny thing, Cops do their jobs, District Attorneys do their jobs, why don't Public Defenders DO THEIR JOBS instead of nothing like saying, "plead guilty"?)
But, after I was told to "plead guilty", I had an awful feeling it was a mistake. And I wanted to get out on bail to see if there was anything I could find as evidence. But, it was expressed to me," since your already here, why don't you just stay and save your money", that was the stupidest thing I ever listened to.
Not only was there evidence, I have witnesses (2) who called me after I got out, and revealed a digusting plan. But, I can't take it back. Now, after commencing with all the court stipulations, a fine, 2 classes, 1 day community service, and no job because I lost mine, no contact with sons, and very little unemployment to pay for this, I get a letter, about RESTITUTION......(sigh!)
Here's the where I need a legal reference:
If a person who is convicted discovers evidence of a fact that the basis of the charge (person claimed injured) was false testimony, does this have any affect on what was done and how the previous case was handled?
If not, why do they(Judge told me this) claim that if you disagree with the Restitution, you can see about getting a separate trial set for that phase??
I'll tell you, I really want the logistics of having criminals decide on this, or maybe this decision about this phase doesn't get put on the table for all convictions? I don't know.
But someone like me, where me and my soon-to-be-ex-spouse have a Divorcing going on, and she tells a friend I can't wait till he makes a mistake and I can use it to get the kids from him, then comes to my house and causes a scene, then goes to a clinic after we had an incident, tells a doctor to x-ray a certain part of her body, knowing that I know it's injured and so does she, but then uses this to do all this, she does not deserve to get away with this.
I have a bill of these shots she was getting administered in 2005, cortizone shots, BECAUSE SHE WAS INJURED ALREADY, and her friend she was living with said, "That's B.S. she was here before that complaining of her shoulder hurting", BECAUSE SHE WAS INJURED ALREADY, and she never tells the friend who drove her to the clinic her shoulder hurt, she said her hand because this person knew me also and would have an opinion, BECAUSE SHE WAS ALREADY INJURED---and I did not cause that!
Now, what chance do I really have? Do I get appointed a lawyer while I'm out here now and can help on this? Or is this all B.S. and even if this was what it appears to be, their going to find me guilty because of the previous???
I have to decide by tomorrow morning and write a letter telling them if I agree or not....sorry it's long, hell I don't feel anyone can answer this, but whatever happens, it'snot right. When a mans set up, they should be punished for making it so. Big difference when you claim injury-she knew that! Never hit or hurt her ever...not once..
I was reading about Criminal Law, and the part about Restitution because I have a problem I have to face. First this happened.
Accordingly, as much as I tried to tell my P.D., and the D.A., no one would listen to me. The lawyer said since we had contact (a push lead to tripping and a fall-DV and jail) with each other that regardless of what specifically she was trying to do (set me up to take custody during custody phace of Divorce), he didn't care if it was making the issue more worse and unjustly causing my future to be re-directed.
(Funny thing, Cops do their jobs, District Attorneys do their jobs, why don't Public Defenders DO THEIR JOBS instead of nothing like saying, "plead guilty"?)
But, after I was told to "plead guilty", I had an awful feeling it was a mistake. And I wanted to get out on bail to see if there was anything I could find as evidence. But, it was expressed to me," since your already here, why don't you just stay and save your money", that was the stupidest thing I ever listened to.
Not only was there evidence, I have witnesses (2) who called me after I got out, and revealed a digusting plan. But, I can't take it back. Now, after commencing with all the court stipulations, a fine, 2 classes, 1 day community service, and no job because I lost mine, no contact with sons, and very little unemployment to pay for this, I get a letter, about RESTITUTION......(sigh!)
Here's the where I need a legal reference:
If a person who is convicted discovers evidence of a fact that the basis of the charge (person claimed injured) was false testimony, does this have any affect on what was done and how the previous case was handled?
If not, why do they(Judge told me this) claim that if you disagree with the Restitution, you can see about getting a separate trial set for that phase??
I'll tell you, I really want the logistics of having criminals decide on this, or maybe this decision about this phase doesn't get put on the table for all convictions? I don't know.
But someone like me, where me and my soon-to-be-ex-spouse have a Divorcing going on, and she tells a friend I can't wait till he makes a mistake and I can use it to get the kids from him, then comes to my house and causes a scene, then goes to a clinic after we had an incident, tells a doctor to x-ray a certain part of her body, knowing that I know it's injured and so does she, but then uses this to do all this, she does not deserve to get away with this.
I have a bill of these shots she was getting administered in 2005, cortizone shots, BECAUSE SHE WAS INJURED ALREADY, and her friend she was living with said, "That's B.S. she was here before that complaining of her shoulder hurting", BECAUSE SHE WAS INJURED ALREADY, and she never tells the friend who drove her to the clinic her shoulder hurt, she said her hand because this person knew me also and would have an opinion, BECAUSE SHE WAS ALREADY INJURED---and I did not cause that!
Now, what chance do I really have? Do I get appointed a lawyer while I'm out here now and can help on this? Or is this all B.S. and even if this was what it appears to be, their going to find me guilty because of the previous???
I have to decide by tomorrow morning and write a letter telling them if I agree or not....sorry it's long, hell I don't feel anyone can answer this, but whatever happens, it'snot right. When a mans set up, they should be punished for making it so. Big difference when you claim injury-she knew that! Never hit or hurt her ever...not once..
