Types of Motions

L

leslie82

Well-Known Member
Jurisdiction
Nebraska
What are the following and how do they apply to a felony case?

DEF's "Motion Extend Bar Date" & HR

PLF's Rule 104 Motion (Jackson-Denn

State's "Motion-Endorse Additional
 
I'm not on trial. My ex is and I was curious what those mean. His attorney won't tell me anything. I only wonder since I bailed him out a few months ago so when I see changes for him on the court calendar it makes me wonder. So far he's shown up. (Yes I realize how ridiculously stupid it was to bail him out but we were back together at the time and I was dumb).

Obviously if I was the one on trial I would ask my lawyer.
 
leslie82 said:
I'm not on trial. My ex is and I was curious what those mean. His attorney won't tell me anything. I only wonder since I bailed him out a few months ago so when I see changes for him on the court calendar it makes me wonder. So far he's shown up. (Yes I realize how ridiculously stupid it was to bail him out but we were back together at the time and I was dumb).

Obviously if I was the one on trial I would ask my lawyer.
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You impress me as a loving parent.
You want to do right by your kids.
I'm going to let you in on a little known secret.

You can request the bail bonding agency to recall the bail for the bum you were beguiled into bailing his useless carcass out of the

"Deluxe County cross bar Hilton".

How you're asking?

Hang on, I'm putting together instructions as to how you can whack a rat.

BRB...
 
You posted bond for a deadbeat, how do you get your money back?
-If a Defendant posts bond the bond will be released ONLY to the Defendant regardless of who posted the bond.
-The bond will be released upon the resolution of the case, not before.

So, we've established that even if the deadbeat resolves the case, any money returnable will be given ONLY to the deadbeat.

I think you mentioned in an earlier posting that he accosted you in your home. Maybe I'm wrong, because I read so many posts. At any rate, that's one reason you can use to request the bonding company to revoke his bond. If he's doing things that he's not supposed to be doing, as in boozing it up, staying out beyond his curfew imposed by the bond, committing more crimes while on your bond money, become violent towards you, threatened you with violence, abusing drugs, etc... Any of those reasons, or that you no longer wish to be on the hook if he goes whacko and absconds before his case is resolved are valid reasons for the bonding agency to snatch his carcass up and return him to a jail cell.

In Nebraska, as i recall, you can't pay the bond using a bail bond agency, because your state doesn't allow commercial bail bonding, right?

You pay the bond to the court, right?

How much did you put up to spring him?

I bet he was going to get a job, if you paid his bond, so he could pay chid support. Right?

So, you direct your request to revoke the bond to the court.

His failure to get that job would be reason enough for me to have the bondsman/bonds woman snatch his ass up and put it back in jail.
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I didn't use a bonding company. I paid cash to the court. I paid too much let's just leave it at that. Even that day I said to myself "this is stupid, this is stupid." But I did it anyway. I had only given him this last chance because he went to rehab, he seemed serious about his sobriety. He was going to meetings. Working. Living at the halfway house. Stopped seeing his loser addict friends and even said how he felt sorry that all they could do in life was get drunk and high. Seemed to be on the right track.

Then I bailed him out even though I said the money would be better spent on a lawyer. He said he didn't want to sit in jail for months for something he didn't do. He never said anything really about a job. Let's just say he is good at manipulating people. Then that night I bailed him out he relapsed. Got drunk. Did drugs. For the next month he was back to his shenanigans. He took my car one night in April. I called the cops because he demanded money for drugs and gas. He got unauthorized use of a vehicle which is nothing. BUT then he decided to throw a fit in jail, broke something, got criminal mischief and was looking at a year. They gave him time served after 30 days if he plead guilty. Mommy came and picked him up. Two weeks later he gets arrested for violating probation in another state where we previously lived. That probation is for aggravated assault on me. They filed to revoke. Didn't revoke. He got a violation. If he gets found guilty in this trial, his probation gets revoked. He's looking at two class II felonies which are minimum 1 year max 50.

I contacted his attorney first in April and asked about bail and is his case continuing on time. His lawyer said he can't talk to me about the case contact county attorney. I asked the county attorney about it when he got arrested. He said if I surrender him I get less 10% back. I said how do I surrender someone who is in jail? I asked if I show up to the next hearing can I ask for it back? He said I could do that or I could write the judge a letter. So I wrote the judge a letter. I explained I made a mistake. Hindsight is 20/20. Mentioned our daughter's medical condition. Never heard anything.

Last week I emailed the county attorney again and asked him is there any way I can get bail sent back to me if he makes it to court through the case being finished. Or if I come to court can I surrender him and get it back there or does he have to surrender himself? He said he would talk to my ex's attorney on Tues. He had court yesterday. It got continued yet again to August and trial pushed to October. So I emailed the county attorney and asked him if I come up at this next court hearing can I get the bail back or who do I need to talk to? It's 3 hours away and I'd rather not waste my time if it would be fruitless.

I haven't seen him use drugs or drink. I don't think he has a curfew. But I don't know. I do know that twice in the last two weeks he's not been staying at his mom's house for days at a time. I don't know what, if any, restrictions his PO put on him but his mom never called him in so it doesn't matter. She called me stupid for bailing him out but then she turns around and lets his 34 year old ass move back home.

Supposedly he starts a job today that he was supposed to start Sun. A temp job. They allegedly moved him to days and let him start today because he had court yesterday. The temp job is real. His employment...I don't know. And he reapplied at the place my dad works but the boss said she's not sure about rehiring him because he was well...lazy. Go figure.

Hindsight is 20/20. I never should've given him so many chances. I never should have bailed him out or helped him as many times as I have the last four years. I should've stayed away after the first time he hit me but then I wouldn't have my daughter. I can't change it. I can only move forward and continue to put my daughter first and not let him get me sidetracked again. I knew it was stupid but I let my heart beat down my head that day. Now I let my head beat down my heart when it gets out of control.
 
Leslie, all I can say is that NO ONE is ever too dumb, too smart, too young, or too old to learn.

I didn't need you to tell me the amount you spent for my benefit.
As a licensed, practicing attorney and judge for 40 odd years, I've seen and heard it all.

The problem here for you is you're never going to get a dime of that money refunded to you.

I suspect he's hired his lawyer based upon the use of YOUR money to do so.

It works like this, ma'am.

Let's say Buddy put up $25,000 bail to the court for his pal, Louie.

Louie gets an attorney, Snatch, to be his lawyer by promising him $25,000 (on paper) to be his lawyer.

Snatch petitions the court to use the bail as his fee.

Snatch becomes Louie's lawyer.
Case moves along.
Case ends, Buddy gets NOTHING.
Louie gets probation, and maybe $2,000 or even $5,000.
Yep, Buddy expects 25Gs, gets NOTHING.

I'd have that loser snatched up, even if I got only $2,500 back.
Otherwise, I ain't getting a dime, because the lawyer's getting it, one way or another.

That explains the reluctance in you being answered.

Plus, if your guy absconds, you'll lose EVERYTHING, anyway.
 
army judge said:
Leslie, all I can say is that NO ONE is ever too dumb, too smart, too young, or too old to learn.

I didn't need you to tell me the amount you spent for my benefit.
As a licensed, practicing attorney and judge for 40 odd years, I've seen and heard it all.

The problem here for you is you're never going to get a dime of that money refunded to you.

I suspect he's hired his lawyer based upon the use of YOUR money to do so.

It works like this, ma'am.

Let's say Buddy put up $25,000 bail to the court for his pal, Louie.

Louie gets an attorney, Snatch, to be his lawyer by promising him $25,000 (on paper) to be his lawyer.

Snatch petitions the court to use the bail as his fee.

Snatch becomes Louie's lawyer.
Case moves along.
Case ends, Buddy gets NOTHING.
Louie gets probation, and maybe $2,000 or even $5,000.
Yep, Buddy expects 25Gs, gets NOTHING.

I'd have that loser snatched up, even if I got only $2,500 back.
Otherwise, I ain't getting a dime, because the lawyer's getting it, one way or another.

That explains the reluctance in you being answered.

Plus, if your guy absconds, you'll lose EVERYTHING, anyway.
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I just don't like telling people how much I bailed him out for.

No he has a public defender. I was going to use some of my tax return to hire him a lawyer but he said "no I don't want to sit in jail for six months for something I didn't do." The money went to the court. I paid cash to district court because the sheriff's office said they can't take more than $500. I did see the sign at the sheriff office that says "bail money goes to the defendant regardless who pays it."

Here's the deal. He got arrested for this crime that happened in Sept last year. At the time we were divorcing. He was on his downward meth spiral. We had not talked in a month by that point. The only way I heard about this – a robbery – is that his other ex wife messaged me if I had heard from him because he told her he was going to pay some child support. I said no I hadn't heard from him since Aug 15 when I was going to allow him to see his daughter for a few hours and instead he went to a friend's house, stayed the night, got messed up (then expected me to come pick him up and take him back to his dad's where he was living). Then she asked if I heard the gas station in his hometown got robbed. I said oh no I didn't. She said she heard a guy in a Monster hoodie did it. I said well he used to have one. He has stolen before. Possible he did it.

He was immediately their suspect. He went to rehab the next weekend after that. The only reason I haven't believed he did it because the clerk said the guy who robbed her is 5'7'' and skinny. He's 6'1'' and 220 lbs. Plus she grew up with his siblings and would know his voice I would think. I don't know. I know witnesses get things wrong but that seems like a big discrepancy. They arrested him because DNA on the hoodie matched him. He was in town that night but his friend said he was with him the whole night…until May and I talked to this friend and he said "Oh everyone knows he did it." Then said he asked him for a toy gun and I said why didn't you say this sooner? (I think they came back to the friend and offered him a deal but Idk). He said he was bouncing from house to house at that point as he had left his dad's and he left a bag of clothes at this guy's house. I honestly haven't seen him wear that hoodie in like 3 years. He always wore a hoodie I bought him. I digress. So he went to rehab, we got back together, he got arrested. I bailed him out like a moron. Then the other stuff. I'm very surprised they didn't revoke his bail for getting arrested for taking my car but this is podunk Nebraska. No joke the county seat where he has court is literally the courthouse and like a block of homes.

I read his case file when he was at my place. The whole thing is a mess honestly. The only thing they have is the DNA but whatever. Not my problem. It's up to a jury to decide his fate at this point. I just want that money back as much as I can get. I asked the county attorney in April how can I get it? He said if I surrender him I could get less 10% back.

I emailed him yesterday and haven't heard back. If I can get it in my name somehow that's great. If I can show up to his next court date and get him surrendered back to jail – that's great. I fully understand if he doesn't show up to court in the next two months I'm screwed. I knew that was a risk when I bailed him out but I thought no way he screws me out of this much but it wouldn't be the most money he's gotten from me.

As far as I know he hasn't seen any of it. He has a public defender. They use the bail for court costs I know that much and that the county attorney said less 10% would come back if he was surrendered back to the jail.

I can fully admit how stupid I was – and I said out loud in the car "This is stupid." I should've hung up on him when I told him if I bailed him out I'd have no money left until I got paid again and I needed to get a couple things for our daughter. He said "My parents will help us out." Not "oh take care of her first." I should've hung up and I don't know why I didn't. My mom, actually, helped me out. Not his parents. His dad will never give him money when he stole checks from his dad during his binge last summer and wrote $3000 worth. I still don't know how he hasn't been arrested for THAT when he admitted to it to the police. His dad reported it but then he said he told the bank it was resolved. I don't know. Too many of us have helped him out and lifted him up and bailed him out for too long and that's why he is where he is. He knows he can find at least one person to help him. It's usually his mom or his dad (right now it's his mom again). I know I enabled him far too much and I hate that I did.

If the county attorney could give me a straight answer OR tell me who to talk to I would do that. I wrote a letter to the judge like he said to do and heard nothing which doesn't surprise me.
 
Honestly I was just curious what those motions meant. I couldn't find much on Google. The state one seems to be additional witnesses maybe? That showed up after I talked to his "best friend" who is now saying he did it and he got a toy gun from his house and left. The other one seems to be his lawyer asking for more time? Maybe that's why it got continued. The other one seemed to be something about defense witnesses.

Even if he didn't do this crime I wouldn't care if he gets found guilty. He's gotten away with far too much in his life. I'm honestly surprised no one has shot him as many drug dealers or "friends' he's screwed over for drugs. Or gotten beaten up. (He's very lucky my dad and brothers didn't beat him up after what he did to me but I said he's not worth going to jail over).
 
leslie82 said:
Honestly I was just curious what those motions meant. I couldn't find much on Google. The state one seems to be additional witnesses maybe? That showed up after I talked to his "best friend" who is now saying he did it and he got a toy gun from his house and left. The other one seems to be his lawyer asking for more time? Maybe that's why it got continued. The other one seemed to be something about defense witnesses.

Even if he didn't do this crime I wouldn't care if he gets found guilty. He's gotten away with far too much in his life. I'm honestly surprised no one has shot him as many drug dealers or "friends' he's screwed over for drugs. Or gotten beaten up. (He's very lucky my dad and brothers didn't beat him up after what he did to me but I said he's not worth going to jail over).
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Okay, the motions.

I think the prosecutor filed a motion to endorse a witness. That means the prosecutor is giving the defendant and the court notice that they're planning to use the testimony of a particular witness, if the case proceeds to trial.

The "104" motion has to do with defendant giving testimony at a prelim hearing not being required to do so at trial, or such testimony not being admissible at trial.

It appears his lawyer is petitioning the court to disallow prior statements from being introduced at trial.

The statute reads:

27-104. Rule 104. Preliminary questions; questions of admissibility, generally; relevancy conditioned on fact; hearing of jury; testimony by accused; weight and credibility.

(1) Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the judge, subject to the provisions of subsection (2) of this section.

(2) When the relevancy of evidence depends upon the fulfillment of a condition of fact, the judge shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.

(3) Hearings on the admissibility of confessions shall in all cases be conducted out of the hearing of the jury. Hearings on other preliminary matters shall be so conducted when the interests of justice require, or when an accused is a witness, if he so requests.

(4) The accused does not, by testifying upon a preliminary matter, subject himself to cross-examination as to other issues in the case.

(5) This rule does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility.
 
army judge said:
Okay, the motions.

I think the prosecutor filed a motion to endorse a witness. That means the prosecutor is giving the defendant and the court notice that they're planning to use the testimony of a particular witness, if the case proceeds to trial.

The "104" motion has to do with defendant giving testimony at a prelim hearing not being required to do so at trial, or such testimony not being admissible at trial.

It appears his lawyer is petitioning the court to disallow prior statements from being introduced at trial.

The statute reads:

27-104. Rule 104. Preliminary questions; questions of admissibility, generally; relevancy conditioned on fact; hearing of jury; testimony by accused; weight and credibility.

(1) Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the judge, subject to the provisions of subsection (2) of this section.

(2) When the relevancy of evidence depends upon the fulfillment of a condition of fact, the judge shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.

(3) Hearings on the admissibility of confessions shall in all cases be conducted out of the hearing of the jury. Hearings on other preliminary matters shall be so conducted when the interests of justice require, or when an accused is a witness, if he so requests.

(4) The accused does not, by testifying upon a preliminary matter, subject himself to cross-examination as to other issues in the case.

(5) This rule does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility.
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I wonder if the additional witness is his so called best friend...I still find it odd that when I talked to that guy in May (he texted me asking why my ex was calling him from jail and how he got there). From Sept until May anytime I saw him he said my ex was with him the entire time that night. Now suddenly he's all "everyone in town knows he did it" and there was a toy gun found among the other stuff. I know this before I saw the case file because his lovely other ex wife (I use that loosely) threw my name into the mix. I don't even know why the hell they were talking to her. She's remarried and I saw in the case file she had a written statement and had all this "a friend of a friend told me he said this" and it was weird. But she said she had told me about it and that I said "possibly he could have done it."

That's what I told the investigators who talked to me. I said we weren't together then. He had stood up our daughter and then I didn't hear anything from him for a month. They asked if I thought he did it. I said I don't know. It's possible but he doesn't match the description. But I wasn't there so I don't know.

I wasn't at his preliminary hearing. I think that time our daughter was in the hospital and I let him go up there alone (stupid). I took him in like April before he took my car but I had to take our daughter in the hallway. So I am not sure what exactly was said at either. I don't think he testified or spoke at the PH. The clerk did he said. The sheriff did.

I haven't heard from the county attorney yet so...I don't know. If I can just get the bail sent to me if he goes to the rest of the hearings and trial then that's fine. If I have to go up there and try to get it I suppose. If he doesn't know the answers (the prosecutor) then I asked him to tell me who does have the answers.

I'm going to kick myself for this forever probably. So stupid. So unbelievably stupid. Should have left him in jail. He never appreciates his freedom until it's gone.

Thanks.
 
Those who live and/or love, perhaps choose the criminal lifestyle; very often volunteer to say what is needed to destroy their "pals", if it gets them outta the hot water they tend to get into regularly.

In essence, they'll say what's needed to screw you, if it helps them go free, or get a lesser penalty. Some even get paid (under the table) to help get others locked away.

The game of crime is a very tough and brutal "sport".
 
army judge said:
Those who live and/or love, perhaps choose the criminal lifestyle; very often volunteer to say what is needed to destroy their "pals", if it gets them outta the hot water they tend to get into regularly.

In essence, they'll say what's needed to screw you, if it helps them go free, or get a lesser penalty. Some even get paid (under the table) to help get others locked away.

The game of crime is a very tough and brutal "sport".
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Oh his friends are complete and total losers. I have told him that from the day I met him. That's why I was surprised and glad when he was in the halfway house that he said "I feel really sorry for them. All they do with their life is drink and get high." He never talked about them like that in the 16 years I've known him. But they're pathetic. Always have been. They are the weirdest group of friends I've ever met honestly.
 
I emailed the county attorney and asked him if he could tell me who to talk to about getting this bail back. The only thing he said about it is if I surrendered him I could get less 10% back. But this was when he was in another county jail. I said how do I surrender someone who is in jail? I said well if I come to his next court date can I ask the judge. The attorney said "Yes you could come to court or write him a letter."

So I wrote the judge a letter and of course, as expected, no response. I just emailed the county attorney and asked him about what can I do? How do I surrender him? Do I just show up to court or does he have to agree to it or surrender himself? The first time I asked him he said he would talk to his lawyer at his last court date two weeks ago. I said he wont' surrender himself. I emailed Fri and asked him about it again and if he wasn't the person to talk to let me know who. I know he's buy but I don't want to waste a 3 hour trip if I don't need to. If I won't get it back. I asked him could I meet the judge before the hearing - do I need to talk to the district court clerk? No response.

I have been hearing a lot of things about him using meth again and he's taken off from his moms twice in the last three weeks and I think he did again because I sent him a message about our daughter's medical stuff and no reply and he's been replying regularly. I think he got paid yesterday or today...and he told a friend that once he got paid he was going to get "f*ed up." He can spend his money where he wants but if he fails a UA I lose bail. That got added in April to the bond.

Should I just take the chance and go to court at the end of the month? I asked my divorce lawyer about this in April and he chastised me which was expected but not so bluntly - and he asked for the name of the county attorney and I told him but didn't hear back. He's the only lawyer I know.

I have also told myself I'm likely not getting that money back - but if I still have a chance to get it and put his ass back in jail. I'll take it.
 
Call the clerk of the court where the hearing is to be held in a couple of weeks.
Ask the clerk how you revoke a person's bail.
Usually, court clerks will be of some help.
They won't offer legal advice.
They often offer a name, a contact number, an address, a form that might need to be completed, etc...

Be sugary sweet nice, and you'll get answers.
Female clerks, in my experience are more helpful than males.

Call the prosecutor, tell him or her that he's on a meth binge, missing from mom's for days.

Ask him again, about officially getting off the bail and getting any money back, even a dollar.

Try to get a specific answer.

tell him your child is sick, and you need all the money you can get LEGALLY to pay her medical bills.

Sympathy can work.

Be persistent, be that annoying fly, don't allow them to shoo you away.
 
army judge said:
Call the clerk of the court where the hearing is to be held in a couple of weeks.
Ask the clerk how you revoke a person's bail.
Usually, court clerks will be of some help.
They won't offer legal advice.
They often offer a name, a contact number, an address, a form that might need to be completed, etc...

Be sugary sweet nice, and you'll get answers.
Female clerks, in my experience are more helpful than males.

Call the prosecutor, tell him or her that he's on a meth binge, missing from mom's for days.

Ask him again, about officially getting off the bail and getting any money back, even a dollar.

Try to get a specific answer.

tell him your child is sick, and you need all the money you can get LEGALLY to pay her medical bills.

Sympathy can work.

Be persistent, be that annoying fly, don't allow them to shoo you away.
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I think the district court clerk is a guy...and I did put in my daughter's condition in the letter to the judge. I said I shouldn't have done it but I trusted him and hindsight is 20/20. Lesson learned and I knew the risk when I did it.

Thanks.
 
I emailed the county attorney a couple days ago and asked who is the POC to talk to if it's not him about getting bail back. How do I surrender him? I thought he was trying again. He went back to the halfway house last week. Made it a week and a half. He left Thurs. He said he got administrative leave for drinking. I know he used again. He has been getting money from this girl (his sister's sister in law) and she's been taking it from her dad (who just lost his wife a month ago to cancer). I have warned her twice now he's just using her and told her all the things he told me about her. She even said they haven't slept together and she's that obsessed with him. Oh well. She can have it. I feel bad if she's taking money from her dad.

But he took off last night and is at his friend's most likely getting drunk and high. His PO showed up at his mom's and is pissed and wants to get him sent back to KS to prison there. He's tired of dealing with him. So I have this feeling I'm going to lose that bail. The county attorney didn't answer me again. Obviously he doesnt care - that's money the court gets to keep.

I messaged him and said he won't see our daughter again and told his ex wife because she hasn't been letting him see the kids. He's been lying to his daughter and sober friends. He's smart enough to not have asked me for money. He knows that's done so he found this naive girl who should know better as her brother has been married to his sister for almost a decade. But she's an addict too and I guarantee she's started using again with him. (It's just weird that she's not even getting anything from him like sex or anything but she's giving him all this money. At least get something out of it).
 

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