on a misdemeanor concealed weapon. I have explained his case on here before...but the main problem is he doesn't know how to present his case...the gun was registered in his name but he didn't have a license to conceal..which of course was against the law...and there are a few other things about this case...he wasn't hanging out anywhere..but instead of coming into the house to put his gun up like he normally does, he walked to the mailbox..and started chatting with some people he knew...Should he get notarized statements from people as a characther witness...or notarized statment from his job..stating things about him??
2007-06-12 04:17:54 · 18 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
character..sorry
2007-06-12 04:19:44 · update #1
He doesn't have money for an attorney..don't you think if he had the money he would get one..and please don't put an answer on here..unless you give a REAL answer.
2007-06-12 04:21:43 · update #2
he couldn't qualify for a public defender...they said he made too much..
2007-06-12 04:22:49 · update #3
Who cares what you believe? What I am saying is true..I didn't ask for your opinion on what the person did..just answer my original question..thanks
2007-06-12 04:24:05 · update #4
He knows he is guilty..he actually has a license to conceal now..but its all about the sentencing..
2007-06-12 04:25:56 · update #5
I didn't put the entire story on here...I could put it on here..but it would take up too much space.
2007-06-12 04:32:14 · update #6
If he does not have the money for an attorney and does not qualify for a public defender. It would be possible to go to legal aid. It is an organization in which goes by income. He really should not respresent himself, especially when jail time is a concern. He needs help from a legal represenative.
2007-06-12 06:01:41 · answer #1 · answered by 2fine4u 6 · 0⤊ 0⤋
So, he is guilty of the charge against him. What could he possibly provide to the court that would change this? If he normally has his gun concealed on him, why doesn't he have the license to conceal? He can have all the character witnesses he wants and the circumstances surrounding the charge are irrelevant, the judge is only going to be concerned with whether he was concealing his weapon without a license, which he was. He should talk to the prosecuting attorney and work out a deal or hire an attorney, which you say he cannot afford.
2007-06-12 04:32:44 · answer #2 · answered by Softball Mom 4 · 0⤊ 0⤋
OK I am not going to rehash the "he should get a lawyer" comments but I do want to add that there are many lawyers out there who will work with his ability to pay. He probably posted a bond and some lawyers will take that as primary payment depending on how much it was.
As for the affidavits, they will not be admissible. In a court you need live testimony absent certain rare circumstances. The real issue is that the other side needs to be able to cross examine any witness that he may present. The judge may be willing to consider affidavits at sentencing, but that is unlikely.
I would suggest that he familiarize himself with the particular jurisdiction if he is going to represent himself. Take a few days off of work and sit in the courtroom where he will be. See the types of sentences which the judge hands down for similar crimes to individuals with and without a lawyer. Many times, judges try to treat unrepresented individuals equally. Other courts, if you are unrepresented you seem to get a harsher sentence.
Again, it isn't advisable to go in alone but if he has to, he should try to be as educated as possible.
2007-06-12 04:28:42 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Sorry, the story is weird and doesn't make sense. If you can't persuade people of his innocense on here, how are you going to have him present his case in court to a judge and/or jury? Get a lawyer. It's worth it. Judge's are smart. They will see right through his story. A lawyer can use the rules of court to their advantage and they are experts at finding the exact words to say and the proper evidence that should be presented and the proper pre-trial motions to file to benefit their client.
Get a loan to pay for the lawyer. The court believed he can afford one so if he wants to go to jail, have him represent himself, if he wants a chance at an aquittal or dismissal cough up some dough.
2007-06-12 04:28:39 · answer #4 · answered by Eisbär 7 · 0⤊ 0⤋
I won't be Perry Mason Jr., as others, but the key is anything will help. But if an individual is providing a statement he/she better be prepared to appear in court for possible cross-examination or the judge may not admit the documents as evidence.
In the sentencing phase, such material may be of assistance - in particular, if the judge has flexibility in the sentencing - but hopefully it doesn't come to that & he can walk out of there without the court finding him guilty.
2007-06-12 05:19:11 · answer #5 · answered by Zombie Birdhouse 7 · 0⤊ 0⤋
My first question would be..Why isn't he using a Public defender? Notorized statements are not going to amount to much of anything on this kind of charge. The attack isn't on his character. The fact is he carried a concealed weapon without a permit. If he uses a public defender, he will probably get probation and will be unable to carry or own a firearm in the future. He should not represent himself. He really has no case at all. He is guilty.
PUBLIC DEFENDERS ARE FREE!!! One will be appointed to him if he wants one. Did he not understand his Miranda rights?
2007-06-12 04:27:02 · answer #6 · answered by mustangsally76 7 · 0⤊ 1⤋
Only a fool represents himself in court. Even brilliant attorney's hire legal defense, if they are personally involved in a court case.
Your friend NEEDS a lawyer. Some offer payment plans. Contact your local bar association for a referral.
2007-06-12 04:22:48 · answer #7 · answered by Mel W 6 · 0⤊ 0⤋
It's never a good idea to represent oneself. Yes you have the right to this, but it is often looked upon as a fool's errand. Your friend may lack the legal expertise to defend himself. You should seek professional legal assistance, even if you have to seek out Public Council.
2007-06-12 04:22:27 · answer #8 · answered by Rocco R 4 · 1⤊ 0⤋
plead no contest. he was wrong and maybe fessing up to it will get mercy from the judge. notarized statements won't do anything but waste everyone's time. i think the old saying was, the person that represents themself has a fool for a client. public defender all the way.
2007-06-12 04:22:20 · answer #9 · answered by Anonymous · 1⤊ 1⤋
He needs a lawyer.....NOW! A public defender is offered to everyone who cannot afford a lawyer.
Edited: Good luck to him then. I guess anything will help but Judges can be really strict, especially to those not represented.
My daughter just went to court because she was at the mall with friends and one of the girls stole some damned panties. $3 panties. My daughter had to go to court because she was with the girl and the judge was such a jerk. They show no mercy to anyone... Oh, except the 14 yr old kid who molested a child and had a good attorney...the judge told him he thought he was a good kid and to keep his grades up. WTF?
2007-06-12 04:21:44 · answer #10 · answered by ♥Xty♥ 5 · 2⤊ 1⤋