During the trial I was not represented, but during my questioning the witnesses, it was discolsed that not only had I had not yet even had the opportunity to violate the order, but that the alleging party made no inquiry with the record keepers regarding any documentation related to the alleged violations, to research whether there were any documents or reasons I may submitted to them excuse any possible violations of the order. The judge found that I was innocent, and the hearing ended. Subsequent to the hearing, the other party filed a motion alleging they were entitled to a new trial, because it was unfair to them that they had no opportunity to cross examine me. The judge affirmed their motion, knowing I was innocent. (My guess isnow the other party can clean up their mistakes, a protect themselves from any complaints from me about their filing a frivilous lawsuit.) What best route/timeframe I can take to stop this and future frivilous lawsuits (i.e.: Motion to Dismiss? Appeal?)
2007-03-17 14:58:29 · 3 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If it was a civil trial, there is no requirement that you be represented by an attorney. In a criminal trial, you are allowed to have an attorney at any time, and can get an appointed attorney any time you are facing possible jail time.
Was it a criminal or civil matter? Also a hearing is not a trial.
And "innocent" is a not a legal outcome. It's either "not guilty beyond a reasonable doubt" or "civilly liable ".
Without a lot more facts, there is no way to answer your question.
2007-03-17 15:48:42 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
You have go to court and defend yourself all over again. A motion to dismiss with points and authorities and declarations may work, it may not. You may have to do the whole court routine all over again. You can't file an appeal because you won. But, yes, you can file a cross-complaint against them for for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation, or that the claims against it are frivolous or lacking in evidentiary support.
2007-03-17 22:58:10 · answer #2 · answered by Venice Girl 6 · 0⤊ 0⤋
Get an attorney. Whatever happened to you can't be tried twice for the same offense.
2007-03-17 22:04:04 · answer #3 · answered by kny390 6 · 0⤊ 0⤋