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  1. #21
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    Default Re: Can You Request a Motion to Dismiss at a Change of Plea Hearing

    Quote Quoting CONNOR99
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    Is it theft when the checker forgets to charge you for an item under your basket, and you know it?
    Is it theft when your child puts something in your purse you didn't know about?
    Is it theft when you tell the checker that you had eighteen 2x4's when you actually had twenty?
    Is it theft when your waiter leaves a few drinks off your bill and you are on camera reviewing the bill?
    Is it theft when an ATM machine spits out a hundred instead of a twenty?
    Examples are useless without the detailed facts and analysis of them. However, try keeping money dispensed by accident/error at an ATM, see if the FBI knocks on your door?

    TM, I have come to a realization. You may be one of many types of attorneys, but you are not a trial attorney.
    All attorneys have the knowledge to represent a client in a trial setting. That has no bearing on giving an opinion on a message board, zippo.

  2. #22
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    Default Re: Can You Request a Motion to Dismiss at a Change of Plea Hearing

    Quote Quoting Taxing Matters
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    You missed the point then. The OP was saying that a theft committed by an employee is somehow different than a theft by a customer. But under the law they are both just theft. The means the person used to accomplish the theft may be different, but regardless of who committed the crime, theft is theft. In both cases the thief is taking the property of another without consent.

    I do litigate cases, among other things, but I'd not not expect you to know that since I've realized for awhile that you don't really understand how lawyers litigate cases or what lawyers really do. That's not a slam against you; I don't expect that nonlawyers would know that stuff (though some do). In any event, it's not really relevant to the OP's issue.
    Of course, every lawyer has been in a courtroom, but that does not make him a trial lawyer.

    I have seen lawyers try to pretend to be trial lawyers. It is a disgrace and a disservice to their clients.

    If you were a real trial lawyer, you wouldn't place so much importance on laws. Good lawyers are not deterred by laws. They work around them.

    As for me not understanding lawyers or how they try cases, I guarantee I have hired more lawyers than you, represented myself more than you and personally sued more people than you. Just saying. I also watched a junior lawyer pretend to be a trial lawyer and get his ass kicked in a murder trial of my friend. Of course he lost and my innocent friend got 45years for allegedly killing a drug dealing gang member.

    Quote Quoting RJR
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    Examples are useless without the detailed facts and analysis of them. However, try keeping money dispensed by accident/error at an ATM, see if the FBI knocks on your door?

    Right! If you had more information on those you'd suddenly know how a DA or a jury would rule on it?

    All attorneys have the knowledge to represent a client in a trial setting. That has no bearing on giving an opinion on a message board, zippo.
    What a naive statement. Not all attorneys can try a case. I'd say less than 10% can effectively. Most lawyers do their best outside of a courtroom and are incompetent inside one.

    As for the FBI knocking on your door because an ATM spit out $100 instead of $20. They don't even pursue CC theft where the perp in on video buying TV's. Besides, if you did that, the bank would just transfer funds to cover the $80. No Federal SWAT Team needed.

  3. #23
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    Default Re: Can You Request a Motion to Dismiss at a Change of Plea Hearing

    All know how to Procedurally conduct a trial, I mentioned nothing about effectiveness or skill.

    Defrauding a federally insured institution is not credit card misuse. If you get 1,000.00 instead of 100.00, and the bank contacts you and you refuse to give in back, claiming that is on them, see if the FBI can't investigate, I'm not saying they will, but can have cause to.

  4. #24
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    Oct 2014
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    7,860

    Default Re: Can You Request a Motion to Dismiss at a Change of Plea Hearing

    Quote Quoting CONNOR99
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    If you were a real trial lawyer, you wouldn't place so much importance on laws. Good lawyers are not deterred by laws. They work around them.
    That's an example of what you do not understand. The law is what trials are about. When the law is clear the court has to apply it as written, and judges who don't get smacked down by the appeals court. A lawyer who ignores the law is a poor lawyer and will not succeed. Of course where the law is ambiguous and there are several possible ways that law may be applied the lawyer will argue the interpretation that best favors his/her client. If you think the law doesn't really matter then you truly don't understand our legal system at all.

    Quote Quoting CONNOR99
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    As for me not understanding lawyers or how they try cases, I guarantee I have hired more lawyers than you, represented myself more than you and personally sued more people than you. Just saying.
    As you have no idea what I've done your guarantee is based on nothing. Just saying. But it really doesn't matter. The reality is that the OP isn't going to be represented by either your or me, so neither of our experience in a courtroom is going to be of much help to him. What he needs to do, as I've said several times, is consult a criminal defense lawyer in his state. He doesn't understand the law or litigation well at all, and the DA will have a field day if he tries to do it himself.

  5. #25
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    Default Re: Can You Request a Motion to Dismiss at a Change of Plea Hearing

    Quote Quoting RJR
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    All know how to Procedurally conduct a trial, I mentioned nothing about effectiveness or skill.
    No they don't. Two lawyers live across the street from me who have never litigated a case, nor do they know how to. Also, it goes without saying that a trial lawyer is one who specializes and is effective at trying cases. Not that he only knows the procedures. Example: An architect knows the procedures of building a house but doesn't know how to hammer a nail.

    Defrauding a federally insured institution is not credit card misuse. If you get 1,000.00 instead of 100.00, and the bank contacts you and you refuse to give in back, claiming that is on them, see if the FBI can't investigate, I'm not saying they will, but can have cause to.
    "Misuse?" Try again. How about theft of the card, impersonation, grand thef and bank fraud?

    If an ATM spit out extra money the one or two banks involved would reimburse themselves without you ever being contacted. They would not call the FBI. Again, I have recent experience with this. I was issued and cashed a check. A year and a half later the issuing bank claimed "improper endorsement" and my bank withdrew nearly $2,000 out of my account without ever contacting me. So your scare of the FBI being called is without support. Oh, and after sitting for nearly two hours with three branch managers, none of them, or the corporate office, could tell me what 'improper endorsement' was. So don't bother looking it up on Google...like what is done here by those with no experience.

  6. #26
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    Nov 2015
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    Default Re: Can You Request a Motion to Dismiss at a Change of Plea Hearing

    Quote Quoting CONNOR99
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    No they don't. Two lawyers live across the street from me who have never litigated a case, nor do they know how to. Also, it goes without saying that a trial lawyer is one who specializes and is effective at trying cases. Not that he only knows the procedures. Example: An architect knows the procedures of building a house but doesn't know how to hammer a nail.



    "Misuse?" Try again. How about theft of the card, impersonation, grand thef and bank fraud?

    If an ATM spit out extra money the one or two banks involved would reimburse themselves without you ever being contacted. They would not call the FBI. Again, I have recent experience with this. I was issued and cashed a check. A year and a half later the issuing bank claimed "improper endorsement" and my bank withdrew nearly $2,000 out of my account without ever contacting me. So your scare of the FBI being called is without support. Oh, and after sitting for nearly two hours with three branch managers, none of them, or the corporate office, could tell me what 'improper endorsement' was. So don't bother looking it up on Google...like what is done here by those with no experience.
    Over the course of this thread all you've said, in a nutshell, is that you know all. You've hired more lawyers, sued more people, and been more screwed over by more lawyers.

    Your need to lean on experience than actual data ridiculous.

    Oh, I also noted your warming up to rant about whose 'online light' is on or off and whether or not that is properly indicative. Now I recognize you for the crackpot you are.
    "Where do those stairs go?"
    "They go up!"

  7. #27
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    Dec 2019
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    Default Re: Can You Request a Motion to Dismiss at a Change of Plea Hearing

    Quote Quoting Mark47n
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    Over the course of this thread all you've said, in a nutshell, is that you know all. You've hired more lawyers, sued more people, and been more screwed over by more lawyers.

    Your need to lean on experience than actual data ridiculous.

    Oh, I also noted your warming up to rant about whose 'online light' is on or off and whether or not that is properly indicative. Now I recognize you for the crackpot you are.
    OK, then let's hear your background, and what qualifies you to give "expert" legal advice? You are a person, aren't you? Or, are you just another etheric Google searcher whose got buddies here who have your back?

  8. #28
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    Default Re: Can You Request a Motion to Dismiss at a Change of Plea Hearing

    Quote Quoting CONNOR99
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    OK, then let's hear your background, and what qualifies you to give "expert" legal advice? You are a person, aren't you? Or, are you just another etheric Google searcher whose got buddies here who have your back?
    Well, my dogs are pretty convinced I'm a person because I know where the cheese is and I feed them a couple of times a day. They call me 'Food Guy', and that's good enough for me. Your opinion of me is immaterial especially since your only goal is to be combative. To that, I have no need for others her to "have my back".

    My background is simple, though. I was born 47 years ago. In that time I've read some books and learned to perform a variety of complex tasks requiring me to read ever more books of increasing complexity. I spent a great deal of my youth engaged in self destructive behavior, doing drugs and bumming around Camp 4 in Yosemite, Zion NP and other like places. Now I'm married, have a couple of grown kids, house and stuff. Oh, and I'm a two time member of the 300 club, which you can only do during a winter at the South Pole.

    That's my background.

    OH!!! I was on the local cast of The Rocky Horror Picture Show and saw the movie around 500 times in my teens and early 20's. Every Saturday Night at midnight!
    "Where do those stairs go?"
    "They go up!"

  9. #29
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    Dec 2019
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    156

    Default Re: Can You Request a Motion to Dismiss at a Change of Plea Hearing

    Quote Quoting Mark47n
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    Well, my dogs are pretty convinced I'm a person because I know where the cheese is and I feed them a couple of times a day. They call me 'Food Guy', and that's good enough for me. Your opinion of me is immaterial especially since your only goal is to be combative. To that, I have no need for others her to "have my back".

    My background is simple, though. I was born 47 years ago. In that time I've read some books and learned to perform a variety of complex tasks requiring me to read ever more books of increasing complexity. I spent a great deal of my youth engaged in self destructive behavior, doing drugs and bumming around Camp 4 in Yosemite, Zion NP and other like places. Now I'm married, have a couple of grown kids, house and stuff. Oh, and I'm a two time member of the 300 club, which you can only do during a winter at the South Pole.

    That's my background.

    OH!!! I was on the local cast of The Rocky Horror Picture Show and saw the movie around 500 times in my teens and early 20's. Every Saturday Night at midnight!
    Mark,
    I am sure you are a normal guy who has an interest in the law. Or you could be a guy, like many here, who likes to hear folks admit they did something wrong so they they can be told they are in big trouble. A lot of folks can't resist poking at vulnerable people who are in trouble or did something stupid.

    My contention comes from watching folks who have no experience in our court system scare others into thinking they are screwed. They look up a general statute or law and tell the guy he doesn't have a chance. As far as backgrounds goes with our legal system, I have been arrested three times, hired four lawyers, sued five people and fought about five traffic tickets. So I've spent quite a bit of time as an actual plaintif or defendant. What I learned from those experiences is that written laws do not mean that much in a courtroom. Whether you're in front of a judge or a jury the laws that apply are secondary. You and your lawyer's appearance, attitude, ability to BS, spin, confuse and lie while seeming likable is what will prevail.

    Folks here do not know that because nearly none of them have been a defendant or a plaintif in a court case. Yet they come off as they are experts at what they say here. And the members who make snyde remarks at those in trouble really get under my skin. They are nothing more than the guys who make stupid remarks after Utube videos.

    I comment on very little here yet I am despised by some. In life when advice is given the first thing is to validate a person's experience level to give that advice, yet that step is frowned upon here. Most here will run when that question is asked with a reaction of "how dare you ask me that."

    Tell you what, I'll try to post less and keep my experiences with our court system to myself since actual knowledge is not really respected here.

  10. #30
    Join Date
    Nov 2015
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    47.606 N 122.332 W in body, still at 90 S in my mind.
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    Default Re: Can You Request a Motion to Dismiss at a Change of Plea Hearing

    Quote Quoting CONNOR99
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    Mark,
    I am sure you are a normal guy who has an interest in the law. Or you could be a guy, like many here, who likes to hear folks admit they did something wrong so they they can be told they are in big trouble. A lot of folks can't resist poking at vulnerable people who are in trouble or did something stupid.

    My contention comes from watching folks who have no experience in our court system scare others into thinking they are screwed. They look up a general statute or law and tell the guy he doesn't have a chance. As far as backgrounds goes with our legal system, I have been arrested three times, hired four lawyers, sued five people and fought about five traffic tickets. So I've spent quite a bit of time as an actual plaintif or defendant. What I learned from those experiences is that written laws do not mean that much in a courtroom. Whether you're in front of a judge or a jury the laws that apply are secondary. You and your lawyer's appearance, attitude, ability to BS, spin, confuse and lie while seeming likable is what will prevail.

    Folks here do not know that because nearly none of them have been a defendant or a plaintif in a court case. Yet they come off as they are experts at what they say here. And the members who make snyde remarks at those in trouble really get under my skin. They are nothing more than the guys who make stupid remarks after Utube videos.

    I comment on very little here yet I am despised by some. In life when advice is given the first thing is to validate a person's experience level to give that advice, yet that step is frowned upon here. Most here will run when that question is asked with a reaction of "how dare you ask me that."

    Tell you what, I'll try to post less and keep my experiences with our court system to myself since actual knowledge is not really respected here.
    You comment all the time. All. The. Time.

    Your experience having been a defendant in criminal or civil proceedings doesn't give you insight to the workings of the law or make your interpretation of the law any more weight. If anything, you sound a lot more like a crank to me with an ax to grind than someone dispassionately discussing

    If you read the disclaimer you'll find that it says, explicitly, that legal advice is not provided here and that not all here are attorneys. This is a place to discuss the law and to, perhaps explain the law to others who come here with question. You wax on about everything except the law. When it becomes advisable OPs here are advised to contact an attorney and to only discuss the matter with them.

    Your knowledge is not about how the courts work, they are your own disgruntled ramblings about how you THINK it works and to say that they are biased is an understatement.

    Finally, Many of the OP's here ARE guilty by there own admissions, either criminally or civilly. Some of the matters that come here are more complex, involving contract law, property law or rules regarding fiduciary responsibility but that is certainly not the majority. The petty shop lifter or traffic violator who wants to whine about their being caught and how it's unfair will get no sympathy from me.
    "Where do those stairs go?"
    "They go up!"

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