All you lawyer type people

[bgreene]

Serious question here. A friend of mine entered a guilty plea in a misdemeanor case and was fined, (payed it all that day) and to a prevention class ( pre trial diversion). Now they just received a letter in the mail stating that the judge has set aside everything that he ordered on the original day of court and has ordered them to a trial on a new court day.
Can this be done, is this legal? My first thoughts are double jeopardy.

[Kaos]

Serious question here. A friend of mine entered a guilty plea in a misdemeanor case and was fined, (payed it all that day) and to a prevention class ( pre trial diversion). Now they just received a letter in the mail stating that the judge has set aside everything that he ordered on the original day of court and has ordered them to a trial on a new court day.
Can this be done, is this legal? My first thoughts are double jeopardy.

Does your friend live in Afghanistan?

[bgreene]

Does your friend live in Afghanistan?

Alabamastan

[Snaggletiger]

Been a while for me here.  But my recollection is that Pre-Trial is a contractual agreement.  At least I know my client had to sign agreeing to the terms. If it's truly contractual, the Judge can't set it aside unless there's been a breach of the terms by one side.

[GH2001]

Been a while for me here.  But my recollection is that Pre-Trial is a contractual agreement.  At least I know my client had to sign agreeing to the terms. If it's truly contractual, the Judge can't set it aside unless there's been a breach of the terms by one side.

You're assuming he cares.

[bgreene]

Been a while for me here.  But my recollection is that Pre-Trial is a contractual agreement.  At least I know my client had to sign agreeing to the terms. If it's truly contractual, the Judge can't set it aside unless there's been a breach of the terms by one side.

The letter says an appeal has been filed. My question is, who appealed it? Can the victim file an appeal, can the court file an appeal? I know there wasn't an appeal filed by my friend, it was a straight guilty plea, paid the fine and going to a class and charges done away with. The court accepted the plea.

[Snaggletiger]

The letter says an appeal has been filed. My question is, who appealed it? Can the victim file an appeal, can the court file an appeal? I know there wasn't an appeal filed by my friend, it was a straight guilty plea, paid the fine and going to a class and charges done away with. The court accepted the plea.

Good question.  The victim can't appeal it because once the people in authoritie make the decision to take a case and press charges, it's no longer the victim against the defendant.  It's the State's case and the State's decisions from that point forward.

[bgreene]

Good question.  The victim can't appeal it because once the people in authoritie make the decision to take a case and press charges, it's no longer the victim against the defendant.  It's the State's case and the State's decisions from that point forward.

So, any suggestions?

[Token]

So, any suggestions?

Fist fights solve most problems.

[WiregrassTiger]

So, any suggestions?

I suggest that you find another lawyer. Preferably, one that knows how to spell authority.

[Godfather]

I suggest that you find another lawyer. Preferably, one that knows how to spell authority.

One less caring?

[Buzz Killington]

Fist fights solve most problems.

And brass knuckles solve fist fights.

[The Six]

And brass knuckles solve fist fights.

Guns say fuck you to brass knuckles