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LegalGround >> Executed for traffic ticket!


2/1/09 1:05 PM
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bflex
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Member Since: 5/11/02
Posts: 4875
 
Little bit of a long story. Readers digest version:

Had client, from middle east, arrested for PWISD MJ; PWISD MDMA; Maintaining a Dwelling for purposes of distributing.

When search warrant served, police took passport. Judge says can't be released until passport surrendered. Finally got Judge to back off of passport requirement, but Judge put client on house arrest. Visa expired while on house arrest. Judge won't let client go to DC to get new passport from embassy. Judge says sort out immigration stuff after criminal case.

Client found guilty of misd possession only. Clerk fucks up and checks off guilty of maintaining dwelling. Client on probation anyway for aggrivated misd poss. Client gets DWLS charge as she couldn't get licnese renewed on house arrest. Bflex doesn't fix tickets. Client hires another attorney who says client doesn't have to show up for court, which is true. However, new attorney doesn't show either. Warrant for client gets issued.

Client to be deported to middle east on "expidited departure" due to felony conviction and expired visa. Client subject to summary execution in home country due to having child out of wedlock and drug convictions.

They should teach this shit in law school. Take everything seriously. In this case fucking up a traffic ticket could lead to her execution. We squared away the non-existant felony conviction and requested time for her to square her visa away. Immigration said no.
2/1/09 7:24 PM
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BarkLikeADog
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Edited: 02/01/09 7:25 PM
Member Since: 10/11/05
Posts: 9575
So in the War on Drug (tm) is this considered a win?

Appalling. Personally I'd be finding an ethical way to let the clerk & trafficjobber know their fuckups cost a life.
2/1/09 7:32 PM
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BarkLikeADog
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Edited: 02/01/09 7:32 PM
Member Since: 10/11/05
Posts: 9576
& by ethical I mean "borderline illegal." lol
2/1/09 10:53 PM
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bflex
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I already threatened the traffic ticket attorney and called him various unsavory names. Not threatened with a bar complaint. Being that the clerk who fucked it up is permenantly assigned to the judge who ran the trial, I'll hold back on that one.
2/2/09 6:25 PM
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Bunkou
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Member Since: 12/16/04
Posts: 406
You couldn't get immigration to let her stay on humanitarian/human rights basis? You did demand a deportation hearing, right? Must have had one cold blooded mother of an immigration judge who doesn't know the law.
2/2/09 7:02 PM
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bflex
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I have no fucking idea about anything having to do with immigration. We did blow up on the ICE officer and her deportation is on hold pending a hearing. Time to get a real immigration atty involved.
2/3/09 12:38 AM
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Shaz
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In my old jurisdiction I would work weekend arraignments sometimes, and often people would be brought in on sentence warrants where they had failed to pay a fine. The typical sentence that involved a fine might be something like $500 or 15 days in jail. If they paid the fine they'd be OK, but if they blew it off, they would be arrested and could serve the time. The judge would always say the following:

"Execute sentence, OK to pay." Meaning, they start their 15 days, but if they pay the fine (or someone pays it for them), they're immediately released and the sentence has been satisfied.

So this happens one day to some guy who speaks Spanish, and there's an interpreter who translates this. The guy turns white as a ghost, starts screaming and crying, freaking out, it took a while to get him under control. Turns out he misunderstood what the judge said by "execute sentence", and thought he was going to be executed.

Good times.

-Shaz!
2/3/09 2:44 PM
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Bunkou
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We have treaties and other laws prohibiting deportation to countries who would do things like that. She needs immigration help ASAP.
2/3/09 10:51 PM
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bflex
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Shaz - That is funny as hell.

Bunkou - No shit, but I don't do immigration law. I just resorted back to the old standby of jumping up and down and banging on the table until somebody who knows what the fuck they are doing arrives.

turduken - Yes

Seriously, she is going to get executed for fucking and smoking weed. I would have been dead at 16.
2/4/09 8:29 AM
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ChangoBravo
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bflex - 

Bunkou - No shit, but I don't do immigration law. I just resorted back to the old standby of jumping up and down and banging on the table until somebody who knows what the fuck they are doing arrives.



Fuck Matlock or Perry Mason! BFlex needs a TV show!!!!




Chango
2/4/09 10:52 AM
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Bunkou
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Bunkou - No shit, but I don't do immigration law. I just resorted back to the old standby of jumping up and down and banging on the table until somebody who knows what the fuck they are doing arrives.
Heh heh. That got me through my first two years of trial practice.

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