Suppose you have a municipal judge that has a lack of evidence in a case where someone was suspected of driving under the influence. There was a blood test for drink and drugs which showed nothing in her system but when the defendant presented the paper to the judge he glanced at it and tossed it on his desk. Her public defender is a total moron. There has to be someone to turn to or ask someone else to review the case. Even the arresting officer said that he would happily go to court to testify on her behalf. Any suggestions would be greatly appreciated.
2006-10-13 18:04:01 · 9 answers · asked by JMidd 2 in Politics & Government ➔ Law & Ethics
Small town in SW Ohio, about 20 miles from Cincinnati
2006-10-13 18:07:37 · update #1
Sorry, I should have explained it better. The arresting officer said when he first saw her he thought she was DUI. He took her to the local hospital for the blood test but she became so emotional that they had mental health come and evaluate her. She became violent and they admitted her. The big matter is that it cost her $450 in fines and loss of driving privilages. And to answer another question, the judge is up for re-election next month. Thanks for all the answers, I will advise her to appeal.
2006-10-13 18:23:57 · update #2
The officer said he would testify on her behalf because he thought at first she was DUI but after seeing her in the hospital he changed his mind and after seeing the blood test.
2006-10-13 18:26:19 · update #3
In any serious case, getting a lawyer, not a public defender, is so important.
You can appeal, but there is a lot of innocent people in jail. The system is not perfect.
2006-10-13 18:09:58 · answer #1 · answered by Anonymous · 3⤊ 1⤋
Very often judges are wrong, sometimes they are just having an off day and unfortunately you get the brunt of the blow from it. But in the United States a Judge can make decisions that are not based up on our laws nor on your bill of rights and they do no stand to face any punishment. Public defenders are to stand in place so a person can be sentenced and that is all. It is illegal in any court to sentence a person to any kind of confinement without legal representation present unless waved by the defendant and ordered by the judge. Why waste the tax payers money on a person that shows no skill and does not do his job? I guess this means in the good old USA; a person is subject to as much justice as he or she can afford. Why does the American public stand by and watch this happen; because it is not them today? Justice is to be for all men; the laws to govern all people no matter what color, what income bracket. A human being who was in trusted as a judge should be punished if he hands down a judgment that is not a reflection of our laws and he shows bias. Unfortunately that time is not in the immediate future it would seem, at this point our entire government seems to be the biggest brotherhood and gang related organization within the United States. It appears today that "If you weren't guilty you wouldn't be there, no matter how much evidence proving otherwise is present."
2006-10-14 06:18:34 · answer #2 · answered by lseward2005 2 · 0⤊ 0⤋
What stage is the case in? If it is in the starting stages it is a question of fact and the judge cannot rule on it until trial. If it is the trial stage then you object and appeal, if you lose.
You have to understand that a criminal matter has stages. You have the arraignment where the person is accused. You have the motion/pre-trial stages where items of law and admissibility are litigated. And then you have a trial where items of fact are litigated.
So keep in mind what stage you are in before you assume anyone is being railroaded.
And how do you know it shows nothing? Ohio uses the intoxalizer machine and it prints out a small reciept, which might not need to be turned over until trial (depends on local discovery rules)
BTW, a public defender is a lawyer. They are appointed by the state to represent those that cannot afford a lawyer.
2006-10-14 01:14:28 · answer #3 · answered by strangedaze23 3 · 0⤊ 0⤋
Once a judge has ruled, the only thing you can do is appeal to the next higher court.
Get a lawyer this time instead of public defender
why would the officer arrest & then be willing to testify on her behalf... something is not right in that statement ..... if he didn't believe she was guilty, why would he arrest her?
2006-10-14 01:14:56 · answer #4 · answered by Bama 5 · 1⤊ 0⤋
Is it perhaps election time? Is this judge up for re-election? Just wondering. Sounds like this judge has a hard on for alleged drunk drivers...even the ones that really didn't drive under the influence.
I would get an attorney...a DUI attorney. Someone VERY familiar with the DUI laws in your state. Try to get a new judge to hear the case, that may help the case also.
I hope this helps, good luck.
2006-10-14 01:14:47 · answer #5 · answered by Loli M 5 · 1⤊ 1⤋
If you got the cash, appeal. Wait, you said "the arresting officer said that he would happily go to court to testify on her behalf." That makes no sense. you don't arrest people if your on their side. If it's just a misdemeanor, so what get over it.
2006-10-14 01:16:41 · answer #6 · answered by Michael 2 · 0⤊ 0⤋
That is why I'm always against death sentence. There are many cases whereby people were sentenced to imprisonment of death are innocents. Who are they, I meant the judge to condemn people to death.
2006-10-14 01:15:34 · answer #7 · answered by Anonymous · 1⤊ 1⤋
Judges are human beings and make mistakes...Appeal it in a higher court...that's what they are there for.
2006-10-14 01:12:27 · answer #8 · answered by Anonymous · 3⤊ 0⤋
where is this case at?
2006-10-14 01:06:35 · answer #9 · answered by blue_eyed_southernman 4 · 0⤊ 0⤋