DU LAW & CRIMINAL LAW WHIZ'S-I NEED URGENT ADVICE ON A CASE! PLEASE HELP!!!

[sofa king]

Corey_Baker08  Donating Member  (1000+ posts)  Wed May-12-10 11:23 PM
Original message

DU LAW & CRIMINAL LAW WHIZ'S-I NEED URGENT ADVICE ON A CASE! PLEASE HELP!!!
   
To begin I live in the state of Ohio in a very conservative rural county. On October 30, 2009 I was cited for minor consumption by my local OHio police agency. I have not taken so much as a drink since then and even turning 21 in a month I do not plan to drink. To get to the point though...

I plead not guilty to the charge of Underage Consumption. I was appointed a court appointed attorney who not only myself but my family believed he was not representing in my best interest and he was a bad lawyer to me. My Lawyer and I reached a plea agreement with the prosecutor with the stipulations being 60 days in county jail with 57 of the suspended and 3 to serve. Also I was fined $850 and was given the opportunity to work off my fines through a community service program in which the stipulation was that I had 30 days from the date I was sentenced,December 1, 2009, to complete however much community service I did they would deduct $10 an hour off of my fines. Unfortunately just 1 week after my court appearance I was taken in for a major ear surgery, the 4th of my lifetime. Due to this surgery I was advised not to be in outside cold temperatures therefore I could not complete any of the 30 days I had to do the community service which was going $10 an hour to pay off my balance of $850 in fines.

As the begining of the year approached I made several small payment towards my fines totalling somewhere around $200. Then just like many Americans around the country, my father lost his job as well as my mother who eventually took a factory job paying a measely $7.50/hour. The point I am getting at though is that for the first 6 months of the year and the first 6 months of my sentencing, every dollar I made at my job went directly to helping pay my parents rent, and help out with the electric bills, and other items that most would consider the basic essential of life. Believe me I made every effort I could to pinch and squeeze to pay on my fines and pay my fines off. Yet unfortunately after applying for several loans I was declined because I have no credit and the banks are not making 'risky loans' anymore to someone like myself with no real assets.

I just recieved a letter notifying me that I am due to appear in Ohio County Court on May 18,2010 for a probation revocation hearing. Basically meaning that because my financial inability to pay the $850 in fines that I am going to be ordered to serve the 57 days of the terms of my probation as well as the court pays you $50 off your fines for each day you spend in jail. So I am looking at somewhere between 60-80 days in the county jail because I am not rich and have supported my family who has supported me my whole life, I wasn't about to let my parents live on the streets because I had to pay my fines, I have better morals than that.

I tried to fire my court appointed lawyer because he is not working in my best interest and the clerk of courts informed me I could not do that, I am stuck with him.

I am praying that when I go into Court on Tuesday that I can explain to the Judge whom I know on a personal level since i was young, even working on her campaign to be judge because she was a Democrat. The thing that I pray will help her realize it would be counterproductive of the court to put me in jail because of my inability to pay my fines.

I am a full time college student majoring in Criminal Justice and I am on the A-B Honor Roll at my college. I have held a job since I was 14 years old, and I have just recently been hired on at a new job in the city I live in making more money than I ever have and being a productive member of the community paying taxes like everyone else.

Also I have just today won the Presidency of the American Criminal Justice Association Delta Alpha Upsilon Fraternity Chapter, which consist of over 200 members and I am a first quarter student!

I could really use some advice guys even if ur not legal experts I have been beating myself up over this, if I do go to jail I get kicked out of college, lose my presidency, and lost my new job.

Can I ask for a Continuance for a certain amount of time so I can raise the money to pay off the fines before I have to go to court next?

Any Advice would be greatly appreciated!

yay!  finally a new thread not about shell beau!



anyway, i think the dummy's options in this case are clear.  

you f'ed up dummy.  the court gave you options to avoid jail (and your cellmate, bubba) but you failed to honor them.   now you get to spend time in the slammer, at the taxpayer's expense.

am i missing anything here?  or is there some wisdom we can impart on this clueless one.

because i always love to help dummys...




oops! forgot the link:  http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x8325989

[The Village Idiot]

This guy is at a fraternity of 200 guys and he couldn't hold a bake sale? Throw a party for $10 at the door or something?

I guess he's not very capitalist minded.

[sofa king]

fgl,

dude! kegger parties are how we paid the rent in high school.  $5 at the door back then.

but then, "just like many Americans around the country," this full of excuses libtard  isn't all that bright.


(and the only reason i started this thread was to have a fresh start from the "me, me, me...  i, i, i...  posts of our newest member.  blerg...)

[LC EFA]

You get jail time for drinking underage over there ?

That's messed up.

[Alpha Mare]

Isn't this the same idjit who whined about being caught drinking underage before?

[sofa king]

Isn't this the same idjit who whined about being caught drinking underage before?

well... yeah.  but he is never going to do that again.

ever.

[zeitgeist]

yay!  finally a new thread not about shell beau!



anyway, i think the dummy's options in this case are clear.  

you f'ed up dummy.  the court gave you options to avoid jail (and your cellmate, bubba) but you failed to honor them.   now you get to spend time in the slammer, at the taxpayer's expense.

am i missing anything here?  or is there some wisdom we can impart on this clueless one.

because i always love to help dummys...




oops! forgot the link:  http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x8325989

Advice to the love lorn soon to be in Country Jail:

Invest in Soap on a Rope or KY Jelly.  Just a little innuendo folks.   BTW Pissing off your lawyer and courting a judge will really help.    

[NHSparky]

Let's do some math, shall we, DUmmies?

December 1st until today--that's 23 weeks.  $850 fine divided by $10/hour, which comes out to 85 hours.

That means, DUmmies, that had your boy worked a measley 4 HOURS PER WEEK in paying off his fine, he'd have been done a couple of weeks ago.  Had he done 8 hours a week, (like say, on every Saturday), he'd have been done around the middle of February.

Now please don't tell me that the ONLY job that he could have done would have involved outside work, particularly had he had a medical reason not to.  Bottom line, he blew it off.  His "criminal justice" work is a cover to find ways to skirt the local dope laws and minimize his "lovin time" with Bubba in the state pen, which is doubtless where he's heading.

If you were so Goddammed smart, you would have realized that you were caught, should have done the time, and paid the fine without a bitch or a moan--oh, and how did you get that surgery without insurance, DUmmies?

It's called, "setting priorities."

[The Village Idiot]

Let's do some math, shall we, DUmmies?

December 1st until today--that's 23 weeks.  $850 fine divided by $10/hour, which comes out to 85 hours.

That means, DUmmies, that had your boy worked a measley 4 HOURS PER WEEK in paying off his fine, he'd have been done a couple of weeks ago.

 

[claret1995]

Let's do some math, shall we, DUmmies?

December 1st until today--that's 23 weeks.  $850 fine divided by $10/hour, which comes out to 85 hours.

That means, DUmmies, that had your boy worked a measley 4 HOURS PER WEEK in paying off his fine, he'd have been done a couple of weeks ago.  Had he done 8 hours a week, (like say, on every Saturday), he'd have been done around the middle of February.

Now please don't tell me that the ONLY job that he could have done would have involved outside work, particularly had he had a medical reason not to.  Bottom line, he blew it off.  His "criminal justice" work is a cover to find ways to skirt the local dope laws and minimize his "lovin time" with Bubba in the state pen, which is doubtless where he's heading.

If you were so Goddammed smart, you would have realized that you were caught, should have done the time, and paid the fine without a bitch or a moan--oh, and how did you get that surgery without insurance, DUmmies?

It's called, "setting priorities."

Hell the dummy is begging for donations at the dump. Maybe he will get some

Calpig,will donate a poem

will Pitt will donate a drunkin rant

Fister will donate porn

etc etc

[IassaFTots]

Hell the dummy is begging for donations at the dump. Maybe he will get some

Calpig,will donate a poem

will Pitt will donate a drunkin rant

Fister will donate porn

etc etc

and everyone else will donate vibes. 

[thundley4]

and everyone else will donate vibes. 

And healing white light.

[The Village Idiot]

healing white light and pictures of hands will do the trick

[Ralph Wiggum]

What's the difference between "Underage Consumption" and a Minor in Possession of Alcohol?  I got a couple of MIP's in Texas, and the fines were like $50 or something.

[NHSparky]

Not much--sounds to me like that "minor consumption" was while he was behind the wheel.

[thundley4]

My how the times have changed.  Back in the 70's, getting caught with booze in the car meant having the cops tell you to pour it and don't let them catch you again.

[Ralph Wiggum]

Not much--sounds to me like that "minor consumption" was while he was behind the wheel.

Yeah, sounds like he's conveniently omitting some facts here.

[Celtic Rose]

You get jail time for drinking underage over there ?

That's messed up.

Personally, I've never heard of it happening.   I suspect that there is quite a bit more to this story that he isn't saying. 

[IassaFTots]

Not much--sounds to me like that "minor consumption" was while he was behind the wheel.

I concur.  For a MIP you would get a fine, and maybe some community service, but no jail.  Something smells fishy.

[thundley4]

I concur.  For a MIP you would get a fine, and maybe some community service, but no jail.  Something smells fishy.

First time DUI offenders rarely get jail time, so there is more that the DUmmie isn't telling.

[Ralph Wiggum]

I concur.  For a MIP you would get a fine, and maybe some community service, but no jail.  Something smells fishy.

As I said above, even in the somewhat strict county of Tarrant, my MIP's were fines for somewhere in the neighborhood of $50 and no community service.

As Frank always says, DUmmies lie all the time.

[tuolumnejim]

Hell the dummy is begging for donations at the dump. Maybe he will get some

Calpig,will donate a poem

will Pitt will donate a drunkin rant Not anymore. 

Fister will donate porn


etc etc

[crockspot]

that I can explain to the Judge whom I know on a personal level since i was young, even working on her campaign to be judge because she was a Democrat.

I don't think this DUmmy has a lot to worry about. Not many defendants get to stand before a judge they have a positive relationship with.

[delilahmused]

Ear surgery that kept it from being outside for 85 weeks? And how the hell did it get from home to school to work without going outside? I think not! Basically, it had to come up with $10 a week. Wouldn't that just be a couple of babysitting jobs a week? With such excellent grades it could advertise to tutor someone? I made a good bit of pocket change tutoring. If it was a criminal justice major one would think it knows the law.

But just to recap...it got busted for drinking underage...got the worst lawyer in the county...got a sentence of 60 days suspended if it did a measly amount of community service...it had ear surgery which, evidently, didn't keep it from going to school or working but did keep it from doing community service...the ear surgery seemed to have made it impossible to use the phone because it couldn't call the probation office (or whatever) and see if there was some indoor work it could do...both parents lost jobs (Bush's fault)...DUmmie had to pay family bills because of its strong morals...but no credit as it can't get any kind of student loan...or grant...or scholarship...it can't fire its lawyer who didn't get it off scott free...it has a new and very good paying job but still no money to pay fine...it knows the judge personally (having been one of probably a couple dozen phone bank volunteers and offered to put a yard sign up) so it's hoping to use a 5 minute relationship to get a continuance...poor DUmmie...just can't get a break...GLOOM, DESPAIR, AND AGONY ON ME!

Cindie

[NHSparky]

85 weeks?  Where do you come up with that?