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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.
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.
You impress me as a loving parent.
You want to do right by your kids.
Not to pick nits (and this is irrelevant anyway), but I never saw the OP mention anything about children Judge.
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).
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.
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".
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.