If the cop wrote the wrong court date on my speeding ticket, then is this grounds for dismissal?
No it can not be dismissed. The cop who gave you the ticket is human, he isn't a computer telling you exactly how it is going to be. Cops can be wrong, and when are wrong - get it thrown in their face! Call City Hall, or your local police department, and find out which date is correct. It may have changed due to something involving the courts. Maybe the judge who is suppose to handle it is going golfing on that date, so its pushed to an earlier date. You never know, anyways you can always fight a ticket. I have done it on both tickets I've recieved in my lifetime, and both I won. Its worth the fight if you are right.
Can Court Ordered Community Service Be Done In Another State?
The best thing to do is to check with your probation officer and/or your community service case worker. Some offices will transfer these obligations from state to state with little or no problems. You shouldn't have to go before the Court to ask permission to change transfer - your PO or case worker should be able to help you out.
What should one do when going to court for a suspended license?
No matter what, do not drive to the court. You’’d be surprised how many people drive to court and have the bailiff tell the judge they saw them drive in or for the judge to ask if the person drove and then order the bailiff to impound the car on the spot. The judge then imposes maximum penalties for the suspended license.Your best bet is to get a ride, have the person who gave you the ride in court to vouch for it, and show the judge you took all possible steps to get your license reinstated before the court date. Even if you are not successful, you should have paperwork that shows you paid fines or attended classes or whatever else was preventing you from getting your license back.if there is nothing you could have done, then don't do anything other than show up on time and get a ride. Then be truthful. Judges hate liars.I’ve seen quite a bit of people who just plainly said they knew they had a suspended license but they needed to get to work or take the kid to school or whatever. Now, the ones who were busted for just driving around for shopping or whatever, the judge can see through that and it will not be nice.
How many times during a court case can a defendant fire their attorney?
In a civil case, or a case where the party is furnishing private counsel for themself, there is probably no particular limit. I was involved in a case one time where the opposing party had had fifteen prior attorneys. I’ve been the third attorney on the case a couple of times (not without some reservations—a client who can’t keep a steady relationship with an attorney is likely to be a problem client).The court can disallow a change of attorney if it finds the change would work a delay that prejudices the other party, and on rare occasions it may prevent the “fired” attorney from withdrawing and require them to continue on the case notwithstanding the “firing.” (This happens more often with appointed counsel, though—see below).If this is the type of case where appointed counsel is to be provided, though, typically twice. The defendant (or other party entitled to appointed counsel) will get an appointed attorney (the PD or conflict counsel). They will probably be allowed to fire the first attorney for “irreconcilable differences” and get replacement counsel. They can fire the second attorney but are unlikely to get replacement counsel; at this point the court will remark that the right to counsel in this situation does not necessarily confer an unlimited right to choose who gets appointed. The court is also likely to view the defendant’s serial attorney-firing as a delaying tactic. (See also John Gragson's answer to In the United States, if I declare "I want a lawyer" to the police, but not look for one, and reject every provided public defender, would this delay the questioning indefinitely and let me escape the criminal charges?)Of course, this answer is only representative. There are occasional special circumstances that would justify different results, and for that matter I am sure that some judges are more tolerant of these defendants than the ones I have encountered in my practice.
Can we directly file a case in high court or the supreme court of India, without going to subordinate courts?
In India, there is hierarchy of courts, which means one has to first approach the lower courts for remedy. However, this rule is subjected to the following exceptions:Violation of Fundamental rights- If an individual’s fundamental rights like Right to Equality, Life, Freedom of Expression is violated, then she can directly approach the High Court under Article 226 or Supreme Court under Article 32 of the Constitution of India, 1949.Writs- Writ is a formal command and there are 5 kinds of writ that can be filed directly in the High Court or Supreme Court.These are:a. When a person has been arrested on illegal grounds and not produced before the Magistrate within 24 hours- Writ of Habeas Corpus.b. When a public official, public body, , inferior court has failed to perform it’s duty, the Higher or the Supreme Court commands such bodies to fulfill it’s obligations- Writ of Mandamus.c. The Supreme Court and High Courts may prohibit the lower courts from doing something that exceeds their jurisdiction and power- Writ of Prohibition.d. An order to move a suit from an inferior court to superior court- Writ of Certiorari.e. Quo Warranto- The writ to prevent usurpation of public office by anyone.3. Dispute between Central and State governments or between two or more States are directly heard by the Supreme Court.
How long can you typically go without paying your apartment rent if you got a 3 days notice to pay the rent or get out?
I assure you that not paying your rent is one of the worst decisions that you can make. Your life will not be the same after an eviction. It can be a very traumatic experience.Every state is going to have slightly different eviction laws but here in Ohio my company has a very large rental portfolio in the Cleveland area and this is how we handle tenants who do not pay rent.Rent is due on the 1st.Rent is late on the 2nd.We call tenants 3x day from the 5th through the 10th.We put up 3 day notices on the 10th.After the 3 day notices we file for eviction. Once we file we will no longer accept rent. At this point the non paying tenant can't pay or get out of the legal ramifications of their actions.We win the court eviction and get a write to regain possession of the property. The eviction remains on your record for life. It will be incredibly hard if not impossible to find another landlord willing to rent to you.We send in the bailiffs (guns drawn) to the home. If you do not open the door they kick it in and forcibly remove any occupants living in the home.Everything that the tenant owns is placed on the curb by a moving crew. They can clear out an entire home in about 2 hours. They are not vary delicate with your possessions. Everything stays on the curb until 5pm. Scrappers and thieves usually come by and steal anything of value. At 5pm we bring a dump truck and load up everything that is left and take it to storage. After 30 days in storage we take it to the dump.After all of the above a non paying tenant can also expect the following to happen.We take you back to court and sue you for back rent, legal costs and damages.We garnish your wages until all debts are paid off.As you can gather from everything above being evicted is a terrible experience that is 100% preventable by you. Don't be stupid, pay your rent or move out of your landlord's property you are only hurting yourself if you don't.For more information on evictions take a look at the LIVE video of one of my company’s evictions below.Have more Real Estate related questions? Let me know! Follow/Subscribe & simply ask. I will make you a FREE video reply. #AskJamesWiseFollow me on InstagramSubscribe to my YouTube ChannelWould you like access to a FREE list of the most profitable Real Estate Investments in the USA? CLICK HERE FOR ACCESS!
What are the rules around cancelling/postponing a deposition?
There are no specific rules. Cancelling is rare, postponing is common. Depositions only get canceled completely if the person no longer needs to be questioned, that normally would only happen if the case settles. If you need to postpone a deposition, you normally just call opposing counsel and ask to postpone it. Assuming you are both decent human beings, there haven't been an undue number of postponements, and it is possible to reschedule, then normally both sides will agree. If one side refuses and there is a good reason for the postponement, the next step would be to go to the judge to ask for it.
Child custody/violating court orders/ect?
My ex and I have a child together. We have never been married. We have been going through a custody case that has been going on for a year now. In December my ex went into the Warm Springs State Hospital in Montana. Last month he was ordered by the District Court to bring our child up here and our child would stay with me three weeks and himself + his parents one week. He however never did bring our child here and I had to pay out of pocket to go pick him up. Thus he violated the first court order. On top of that he was ordered to pay me a hefty sum of money but has yet to do so. That was the second court order he violated. We share custody of our son right now. I have him three weeks and he has him one week with supervision of his parents. But since he has violated two court orders, shouldn't there be a penalty against him? He is not following a long with what the judge ordered, so why should I continue to? It seems highly unfair and this is so frustrating! *sigh* I have been doing nothing but cooperating and he has not and thinks that he is above the law. Got any advice? Yes I already have a lawyer. But this is not fair at all because it feels as though he's just using my son to get back at me bc I left him.
Can a case on service matter be filed in high court directly without going to CAT?
The basic procedural principle of law is that the case should be instituted in the court of first instance. Central Administrative Tribunal is the court of first instance with respect to cases related to service/ employment/ pension etc. etc. of all such organizations that fall within the jurisdictional ambit of the Tribunal. High Court is Court of First Appeal.In case you file a case before High Court without exhausting the remedy available before CAT, the very first hurdle would be at the SCRUTINY STAGE itself, asking you about the maintainability of the case before High Court. Second hurdle would be at the time of admission, when the Opposite Counsel would come with the primary objection that the case is not maintainable and should be filed in Tribunal.ONLY THE WRIT OF QUO WARRANTO be filed in High Court without approaching CAT.