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  1. #11
    Join Date
    Jun 2007
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    322

    Default Re: Conflicts With Attorney After Missing Court, Not Fulfilling Pretrial Diversion

    the court gets their own report from the mental health center. They do not accept what your attorney tells them without proof of the statement which would be the report from the mental health center. I suggest you read it.
    I read it, it was read to me. It disputes her. Now what? Idk if she misread it or what, not my fault, so now what do i do?
    to you representing yourself: based on your posts, you should plan on a worst case scenario of being convicted and given the most aggressive penalty possible.
    If you think i speak the same way in court that i do out of it you are an imbecile.
    You appear to be able to anger anybody
    I have not angered anybody. My lawyer wasn't being snippy the last time i talked to her, the judge hasn't yelled at me at all anymore, and plaintiff is angry at the court for not dropping it, is angry i have to wake up early to go to it, is angry she had to wake up early to go to it, is angry i gave money to probation and the court and not her directly, is angry a few gallons of gas are spent to go see them up the road. No one outside of the court is angry I went or angry at my charges, my previous lawyer was never angry, the arresting officers weren't even angry. Are you angry JK? Are you angry at me for being angry with the other poster or something? That would be crazy for YOU to be angry at me for being angry at someone else.

  2. #12
    Join Date
    Jan 2006
    Posts
    20,671

    Default Re: Conflicts With Attorney After Missing Court, Not Fulfilling Pretrial Diversion

    Quote Quoting Another Demise
    View Post
    I read it, it was read to me. It disputes her. Now what? Idk if she misread it or what, not my fault, so now what do i do? If you think i speak the same way in court that i do out of it you are an imbecile.
    I have not angered anybody. My lawyer wasn't being snippy the last time i talked to her, the judge hasn't yelled at me at all anymore, and plaintiff is angry at the court for not dropping it, is angry i have to wake up early to go to it, is angry she had to wake up early to go to it, is angry i gave money to probation and the court and not her directly, is angry a few gallons of gas are spent to go see them up the road. No one outside of the court is angry I went or angry at my charges, my previous lawyer was never angry, the arresting officers weren't even angry. Are you angry JK? Are you angry at me for being angry with the other poster or something? That would be crazy for YOU to be angry at me for being angry at someone else.
    am I angry? Not a chance. I simply stated my opinion.

    btw: in a criminal case, the state is the plaintiff. Your mother is a witness and as such, has no control whether the state chooses to go forward with the prosecution of a criminal case or not.
    If you think i speak the same way in court that i do out of it you are an imbecile.
    claim what you want but a person's underlying persona and attitude always shine through.

    I read it, it was read to me. It disputes her. Now what? Idk if she misread it or what, not my fault, so now what do i do?
    you read it or it was read to you? If you read the official report as entered into evidence to the court and it did not mandate or recommend any additional treatment, depending on what happened because of it would determine what you can do. You have proof it is not a correct action. Defend the claim with proof when it is needed.

    the problem with your post here is; it is impossible to tell where in any process or prosecution you are. You claim you refused to make any deal yet you claim there is a dismissal deal which is obviously some sort of deal made with the prosecutor or court. I don't know if you want to go to trial or continue with your deal or anything in between.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  3. #13
    Join Date
    Jun 2007
    Posts
    322

    Default Re: Conflicts With Attorney After Missing Court, Not Fulfilling Pretrial Diversion

    you read it or it was read to you? If you read the official report as entered into evidence to the court and it did not mandate or recommend any additional treatment, depending on what happened because of it would determine what you can do. You have proof it is not a correct action. Defend the claim with proof when it is needed.
    She did not give it to the court yet. She double checks and all that to make sure we don't go up unprepared and get blown away. But obviously with her saying what she believed it to say she just did not show the judge anything. Makes good sense obviously but the paper work which was copy/faxed to her is the same I read/was read and it just said I showed up and we chatted. The front desk worker at the center said it did not list any of the things at all the lawyer said she read..

    You say defend the claim? I don't know who to defend the claim to, I dont know who to address it to, I don't know how to raise it outside of my particular court date, i dont know whats happening anymore.

    You claim you refused to make any deal yet you claim there is a dismissal deal which is obviously some sort of deal made with the prosecutor or court. I don't know if you want to go to trial or continue with your deal or anything in between.
    They wanted me to plead guilty and i kept saying no no no. Every time I told them i wanted a jury trial and to skip the prelim they kept going down on the rinky dink penalty. Then they said I could use diversion to make it go away and I said absolutely not and finally she (D.A.) said "just talk to the shrink, do what she asks, don't fight with the woman anymore in this time period (DUH..), pay pre trial release (in this case you gotta pay to get bonded) and we stop trying to persecute you." I dont know how them not actually doing anything to discipline me at all after i dared them to take it to grand jury constitutes me receiving mercy or translates to a plea agreement at all. What did i plea to?

  4. #14
    Join Date
    Jan 2006
    Posts
    20,671

    Default Re: Conflicts With Attorney After Missing Court, Not Fulfilling Pretrial Diversion

    Another Demise;591978]

    You say defend the claim? I don't know who to defend the claim to, I dont know who to address it to, I don't know how to raise it outside of my particular court date, i dont know whats happening anymore.
    and that "I don't know" is exactly why going pro se will be very bad.

    As I said, your situation is confusing, at least to me. Where you are in the prosecution is unknown.

    They wanted me to plead guilty and i kept saying no no no. Every time I told them i wanted a jury trial and to skip the prelim they kept going down on the rinky dink penalty. Then they said I could use diversion to make it go away and I said absolutely not and finally she (D.A.) said "just talk to the shrink, do what she asks, don't fight with the woman anymore in this time period (DUH..), pay pre trial release (in this case you gotta pay to get bonded) and we stop trying to persecute you." I dont know how them not actually doing anything to discipline me at all after i dared them to take it to grand jury constitutes me receiving mercy or translates to a plea agreement at all. What did i plea to?
    without reading everything involved, I have no idea. The fact is; you are being required to do something. They can't do that of an innocent person.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  5. #15
    Join Date
    Jun 2007
    Posts
    322

    Default Re: Conflicts With Attorney After Missing Court, Not Fulfilling Pretrial Diversion

    As I said, your situation is confusing, at least to me. Where you are in the prosecution is unknown.
    we went to a prelim and then before that started the D.A. started going down on her punishments. So she decided right before the prelim that it would be better to just have me talk to the shrink then go to trial. Or thats what she decided was her best way to reprimand me.. So we did not reach the prelim at all.

    without reading everything involved, I have no idea. The fact is; you are being required to do something. They can't do that of an innocent person.
    The fact is a guilty person can't be labeled guilty without affirmation of guilt. you can't divert guilt. a true example of a diversion would be a guilty plea and then it being stricken from the records. a true diversion would be receiving a punishment and then the punishment being covered by Tennessee's diversion disciplinary process which is just court costs and probation no matter what they wanted to do to you before it was used.

    in tennessee when you get a domestic they may keep you, they may O.R. you, or they may release you under strict bond conditions. You never get to see a P.O. for free. So those fees can't really be considered a sign of guilt. As for the psychotherapist meeting its possible to find some quack if i looked hard enough to just state I am alright. Going to the one now can't lead to a situation were i can get a court fine, a probation term, or the year in jail it calls for or any jail time. So I don't understand why anyone would think that complying with a therapist that doesn't have the authority to sentence me to the above three punishments means that I accepted a punishment at all.

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