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Be Back Soon All (Don't Forget Me!!!!!!!)

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Feb 15, 2004 Magus link
You realize that he does have a lawyer, right Pyroman?
Feb 15, 2004 Pyroman_Ace link
Yes I do, but many good lawyers will tell you that having SEVERAL councils actually improves the odds of successfully proving a case.

It follows the old "two heads are better than one" rule. One lawyer may catch something the other missed. Plus everything here is merely suggesting to him questions he might ask his Civil Defender.

Also, I've kinda been advising him since before he got a civil defender and I'm finding it hard to really let it go. I want to see IO get off and I want to do everything in my power to ensure he does.
Feb 15, 2004 spectre_c_me link
well, after being sick Friday (left school vomiting at 1 pm and slept till 5 am the next day) i took my break and went to the V-day's dance in school with my g/f. i had a good time and all, so yeah that worked out well. anywayz... i havent talked to my lawyer yet, i have a date set already but i think its gonna get moved again, because my mom wont be allowed to go (work stuff).

i will keep everyone updated on whats going on. until i get to see my lawyer and all i wont be able to tell you much more than what i have already told you. btw if you have any questions then ask them, it doesnt matter to me.
Feb 15, 2004 Magus link
"Yes I do, but many good lawyers will tell you that having SEVERAL councils actually improves the odds of successfully proving a case."
-But you're barely a teenager. What makes you think you can suggest anything someone who has been through Law School would miss?
Hell, I'm a political science major. I study the law, but I don't presume to be able guide IO better than a certified member in good standing with the BAR assoc. of whatever state he's in.
Our role here is for moral support. Leave the legal support for the people who get paid to do it. We each have our dharma.
Feb 16, 2004 Durgia link
First Pyro...you are wrong on a lot of things.

He does not have to prove his sister is lieing. Innocent until proven guilty...ring a bell. Unless she went to the ER of a hospital, or to a doctor within 24hours and the doctor would testify as to having seen the bruises and such, then its IO's word against his sisters. He stands a good chance of getting off with no penalty, and if he is found guilt he probably would be set a very low sentance as most judges leave it in the parents hands.

So unless she has proof other then her statement, you basically have nothing to worry about. I would not plead guilty unless your legal council thinks you should and explains why, and you agree with his reasons. Pleading guilty or No contest is not a good way to go imo. But that is my opinion heh.

The statement of one 14 year old girl is hardly proof enough to convict somebody of a minor criminal charge. She would need witnesses, doctors reports, things like that. Which from what you have said she does not have.

I do have criminal law training but I am not a lawyer and do not know American law, but I don't think it can be all that much different.

Good luck
Feb 16, 2004 Pyroman_Ace link
Apologizes Durgia, I meant to imply that, if he could, he should try to prove she is lying because it would increase his chances of winnign the case since her statement would be discreditied.

And I already figured about the markings and everything. I doubt there is a report from what IO's said so far. Seems like this is just a pissing contest. One has to win the case and the other has to lose in order for the contest to end.

And yeah, I see what Durgia is saying about the pleading guilty but Durgia, he's stated above that he's already admitted to the pushing incident so therefore he should just go ahead and plead on that one, since backpeddaling now would be bad. But yeah, consult your Civil Defender and you know work with him.

I do not have criminal law training but have studied law for three years in the hope of one day joing the United States Air Force JAG (Judge Advocate General) Corps.
Feb 16, 2004 spectre_c_me link
I'm just asking for advice on what a person in my situation would do. and before anyone gets started: my valk model couldnt blast my sister without killing her, or blowing up half my house so dont even think about suggesting that (j/k on all that). right now this entire thing is just bugging the heck out of me. i havent even seen her (my counciler) yet. im sure she is good, she got reccomended a lot that day, unless thats just the way the court works it: 1 reccomended lawyer for they day or something. either way this goes down i am hoping for any suggestions anyone might have. besides this is in the role-laying forum so have some fun with this... just keep it away from flame bait, for example:

/me wonders if Black 1 is a fan of the movie A Few Good Men with Tom Cruise
Feb 16, 2004 Pyroman_Ace link
Black is likes "A Few Good Men" very much, and "top Gun" and "JAG" and uhhh, "Independance Day"

aka: Anything involving ahrdcore military technology and at least one murder that causes JAG or some variant of NCIS to become involved. Except the FBI and CIA, they are horribly incompetent, bring in the real cops, the Federal Marshal Service!

Anyway, uhhh, yeah. My advice is to get all the questions you have compiled and write them down, that way you dont have to remember them all. Even the most trivial question could be important so ask it anyway. Most Civil Defenders won't mind a few "stupid" questions anyway, they get them all the time.

And yeah, the courts pick a "Defender Of The Day" out of a hat. Whoever wins gets all the cases suggested to them that day. :P
Feb 17, 2004 Durgia link
what I would do is beat her up:P but I don't think you should do that!

Like I said unless she has proof, you have nothing to worry about since she cannot prove you did anything.

Admitting that you pushed her is not equal Assult and battery so you can say I just pushed her, i never beat her up. Without proof its your word against hers...you win.


also JAG is the Judge Advocate General Corp not Justice
Feb 17, 2004 Pyroman_Ace link
Oh yeah, sry was working on a report at the same time I bet on the Justice System in America and how it is lacking in certain areas.

Yeah, sry Judge Advocate General...
Feb 23, 2004 Pyroman_Ace link
bumped
Feb 23, 2004 Arolte link
LOL!!! I just read this thread for the first time and man that's some unbelievable bullcrap. I guess I can sort of relate also. My older sister and I aren't exactly peaceful either. Nowadays since we're both goin' outta college it's been actually quite peaceful. But when I was a kid we fought like crazy. Beating, pushing, bruising, punching, biting, etc. She even claims to have thrown a pair of scissors at me when I was young, which I don't recall, but I suppose that would explain the scar on my right knee. Anyway, we've had our share of fights.

None of us were really wussy enough to sue each other though. Our parents instead did their fair share of inflicting discipline on us to prevent further conflicts. But suing?!! That would just be dumb. I mean it's a part of growing up. Suck it up and learn from your mistakes. If you're gonna start suing at such a young age, who knows how you'll turn up when you're older! I mean before you know it you'll start suing people for staring at you the wrong way!! It'll just grow on you and make you more into a spoiled brat, thinking that suing others will solve all your problems.

I think that you were simply caught in the wrong place and the wrong time. I mean I'm sure you've fought with your sister before, and seeing as how you're the older one they probably believed your sister more. Parents usually accuse their children based on their previous reputation. Unfortunately that's how it always is. It's gonna be pretty hard to prove your innocence when you've got your sister and parents as a tag team. I hate to say it but your lawyer (a person who doesn't know you very well) is probably your only line of defense.

I'm not sure what kind of evidence they'd bring up in such a case. Unless there are bruises or scratch marks on the neck of your sister, I don't think you'll be guilty of choking her. I mean that pretty much speaks for itself. On the other hand if there are visible marks on her body to prove other forms of abuse, that'll definitely count that against you. But you never know... I mean those marks could also be self-inflicted. How could anyone prove it either way? Not too sure.

Man, all I gotta say is good luck. For something that happens so often between brothers and sister in many families, I find this story to be absolutely preposterous! What ever happened to good ol' fashioned parental discipline? Now parents are too busy to even look after their own children?! Wtf is this world coming to?
Feb 23, 2004 Suicidal Lemming link
Thing is, you can sue people who stare at you, sexual harassment.
Feb 24, 2004 spectre_c_me link
good point SL, good point

sorry i was gonna bump this last night with my return post, but i got booted too soon to finish.

here it is straight up: i pushed my sister to close the door on a cold rainy night. i turned up the heat 2-3 times before then and i asked her to close the door 2-3 times before i pushed her. she ran out of the house and called the police. my parents came home and heard what happened and were mad at her, not me. so i guess that puts them on my side. so far i havent heard a thing about my sister having a lawyer or anything like that. so yeah i dunno what is up with that.

yes i have fought with my sister before and yes i have kicked the crap out of her, using those pillow boxing gloves which she insisted upon. the only way to prove my innocence is to bring up all the lies she has told. i would represent myself but i just hate the idea of messing up a court process and at my age, i think everyone would highly reccomend against it.

my weekend:

my parents were gone all weekend so im lucky that im still here. i had to stay in a house with my sister and brother. saturday i got out, and went nuts with energy (lucky me). anywayz... nothing (unusual) has happened between me and my sister since this entire thing happened. so far my sister and i have just been arguing (nothing new there). tommorrow i get to meet my lawyer, and then april 8th i get to finally go to court. other than meeting the lawyer nothing has happened with this entire thing.

all though... i did set a few of my friends straight with what happened when i first met the judge. oh well... march 17th i get ungrounded from the computer and then if my grades are up i get to have my life completely back. oh well, i guess i will just have to wait till then. till next time... laterz

/me walks away from the computer with his head down and remembering his g/f's voice: "Skipping Spanish is bad... don't do that anymore!!!!!"
Feb 24, 2004 Pyroman_Ace link
/me remembers his girlfriend mentioning the same thing about the ROTC Awards Ceremony

/me remembers his girlfriend mentioning "You can't turn you CP over to a sock puppet! Colonel will KILL YOU!"

/me remembers the whole sock puppet incident...
/me remembers the serious s**t he was in with the Col. over that incident.

Oh well, Im a good cadet and one of the most decortated Privates in the Battalion....

c/PVT Woody
High Admiral Black 1
CO, SDF
Mar 03, 2004 spectre_c_me link
update:

i cant face Juvi detention center time, but i can get 1yr probation and an alotted amount of Comunity Service time. my lawyer is going for dismissal, but if we have to go to trial then she wants to go for no findings, which means i face 1yr probation and the community service, but if something happens again then i face that charge plus this charge. so yeah... the good thing about no findings is that after 1 yr. the case is ruled as dismissed (if and only if nothing happens).

sorry about the delay i am grounded from the computer till the 15th. check the Vendetta addicts thread for why
Mar 05, 2004 spectre_c_me link
the subpoena for my sister says Commonwealth of Virginia v. me. so i guess that means that my sister isnt directly involved, well besides her being the 1 who called the police on me. but yeah...
Mar 05, 2004 Durgia link
Just means the state has charged you with a crime.
Mar 05, 2004 Pyroman_Ace link
In most cases when the police are called and the case is filed with or through them it becomes something like "State vs. *plaintiff*"

It's nuthin serious it's just the court's way of filing and tracking the cases. No biggie, it's not a murder trial, yet.

Well, that's good news, just mind your Ps and Qs over the next year if you cant get the cased dropped and you'll do fine. 99% of my friends are on probation.
Mar 06, 2004 spectre_c_me link
just thought i would let you all know. its not like my sister has her lawyer and is suing me. though i do believe that i thought that for most of this stupid case. oh well

i got back on the pc for 2 days, not sure how long this luck of mine will hold up so if i end up leaving again here is my laterz and my regards to all.