Posts Tagged ‘Attorney’

… if I remember my 12 years of Catholic indoctrination schooling correctly, I believe that’s called a “venial” sin.

Anyway.. it’s still rather embarrassing and if Chief hadn’t gotten the letter that he had gotten which was SO unbelievably hysterical, I wouldn’t even bring this up.

But I’m more then willing to tell you that I’ve been lying to share this. What can I say, I’m all about the laughter.

Ok.. so here goes:

Chief and I aren’t really LEGALLY married. We did have a commitment ceremony and for all intents and purposes, we ARE married.. except in the legal way :: and really, the way I feel about the current government I’m not at all bothered by that! :: Everyone who knows us, beside actual family and close friends, assume we’re married legally.. I use his last name, that kind of thing.

The only thing that stopped us from getting that little piece of paper is ANOTHER little piece of paper called a divorce decree. HIS.. not mine. And while he classifies himself as “divorced” and the Crack Whore classifies herself as divorced :: btw.. I found her profile on one of those internet dating sites.. talk about laughing!! :: they just never did it legally.

Why?

According to him :: and I really have no reason not to believe him given the circumstances :: he never had the money. He had the boys.. money was always tight and given the prices that he was given when he inquired, he couldn’t afford it. Plus, it wasn’t really high on his priority list because he hadn’t been with a woman that he actually wanted to marry.

Until me.

<< insert AHHHH!!! here>>

And forget her. She wasn’t about to diminish her drug fund to get something like a divorce.

Anyway.. like I said, I believe him. For the simple fact that for as long as WE’VE been together, other things took priority and there was never “extra” money to file.

Now.. when I got MY divorce, I did it for 195.oo from a law firm in my state that specializes in this kind of thing so when we seriously started talking about getting married, I told him about the firm.

He requested information from them via their website.. received it.. but again, there was never an extra money to go ahead with it.

He requested information a second when he thought he would be getting some extra cash.. but this was around the time that he got arrested so every spare change went to his bail.

So now, unbeknownst to me, he’s been putting an extra 5 away here and 10 away there and saved up 195.00 for the divorce. He was all excited about it and I was all excited about it and when I tried to find the paper work that they had sent to him, I couldn’t. For the life of me, I couldn’t find it anywhere. So he just went online again and requested the information.

This is the letter he got from them:

Dear Sir / Madam:

We have sent our free information to you three times. there will be no fourth time. each free information packet we mail is an expense we have to consider when pricing our divorce services. we cannot maintain our low prices without limiting the number of packets we send to the given caller.

Ok. Not that bad, right? I can see their point. They can’t help it if we’re idiots who can’t find paper work. But let’s continue on:

Your fee is $300.00 for the Basic Advertised Service, $400.00, $500.00, $600.00 for each of the three faster services: Rush Filing Service, Same Day Service and Our Fastest Service respectively. Payment is to be be made IN FULL in the enclosed envelope by money order only, NO CHECK OR CREDIT CARD. In addition, there will be absolutely NO telephone calls. ALL communications are to be made by mail only. If you call, for ANY reason, you will be billed $100.00, which you will have to pay immediately. Finally, if we do not receive payment on or before 10/7/09, we will refuse to represent you (or your spouse).

Now here’s the best part.. the part that had me pissed off at first but then doubled over in hysterics:

None of this is subject to any dicussion [sic] for any reason. If you find anything unacceptable, call another law firm for your divorce and do not call us again. You can become a XXXXXXX and XXXX client by the above date or you will never become one. It’s your choice.

Very truly yours,

Can you STAND it?? Is that not the FUNNIEST letter from a law firm that you ever read? If their last names ended in a vowel, I would swear they had a Don Corleone complex! When I showed it to Chief, he had the same reactions so I know it’s not just me.. which is why I had to share!

Funny what happens when push comes to shove. Knowing that we only had a week or so to come up with an additional $105.00 or have to pay a minimum of $1200.00 :: the last quote he received locally :: he did and we sent off the MONEY ORDER :: no check or money order ::

So in about 90 days :: provided that the Crack Whore won’t contest it.. which she SWEARS she won’t :: he’ll be a divorced man.

And, unless I come to my senses, I’ll probably be posting wedding pictures soon after!

Of course, once his divorce becomes final, you know that first thing I’m going to do, right?

I’m going to send them a check for $1.20 to cover the cost of the three previous information packets they sent him AND point out the spelling error in their letter!

Cause, yknow, I’m just like that!!! LOL

Ok…

So my girl Jen512 wanted to hear about this.. this.. um.. “experience” :: for lack of a better word :: so while I have some time to kill before starting dinner, I figured I’d tell you about my day of civic duty in the new county I live in.

Before moving into suburbia, I lived my whole life in a very large urban city. Jury Duty in the city was simple. You basically showed up.. indulged in the burnt coffee and stale donuts they provided as a “thank you for showing up”.. sat.. waited.. waited.. sat.. collected your 9.00 check and went home.

I really have no idea who the people who actually sit in the jury box during trials are because as God is my witness.. NO ONE was ever picked from the huge room of potential jurors that sat there with me each time I went.

But anyway…

So here’s the thing… I may grumble about going. It may be an inconvenience to go… but I really don’t mind it. It’s like going to the gynecologist. You don’t REALLY want to go.. but it’s a necessary evil that once you get there, really isn’t so bad.

On with it..

So I moved into this county in November 2007 and in less then a year, I get the jury summons.

In the city, it was basically a post card that asked if you were a citizen.. if you were ever convicted of a felony.. if you understood English and if you needed someone to help you answer the questions.

Honest to God.

Here in the county, the questionaire is SIX FREAKIN’ PAGES long and includes questions about how exactly lives in your household.. what they do for a living.. how old they are.. what their relationship is to you.. if they’ve ever been arrested..etc.

So I fill it all out and mail it back it and then am given a time and date to show up. Oh.. and a number. I’m given a number. My number was 104 or something like that.

Anyway.. the day comes and there is a torrential down pour. It was a miserable fucking day but I have my handbag full of snacks and puzzle books and reading books and magazines and everything else I can think of that would stave off boredom for the 8 hours I was going to be there.

So there are about 120 people sitting in the holding cell potential juror’s room and we watch this video and get lectured a welcome speech from one of the high judges.. all the shit, basically.

It just so happens that on the day I had to go, they were starting to pick the jury for an abnormally high profile murder case. I can’t go into anymore detail then that for ambiguity sake but believe me.. it was an abnormally high profiled murder case. In fact, it was so abnormally high profiled that I would have actually LIKED to be in this jury.

That is.. until I found out that the trial was probably going to be about 3 or 4 weeks long and that because it was so abnormally high profiled, the jury would have to be sequestered.

Hell No.

Not doing that.

A point of the case was that it dealt with homosexuality… and although I am in no way a homo-phobe, I figured that my good Christian values would dictate that I SHOULD be and that would be my out to be dismissed by the defense team.

One day.. One trial and I’m free.

NOTE: Before you start typing hate mail, save the time. I don’t believe that my good Christian values dictate that I should be a homo-phobe. I was just trying to get out of being sequestered into the Thanksgiving holidays!

Because this was a big case :: I promise I will never say “abnormally high profile” again in this post, they brought all 120 potential jurors up into the courtroom. Where we sat.. unable to eat.. or drink.. or talk to the people sitting next to us.. or read or do ANYTHING until we were dismissed.

Wonderful. There goes my handbag full of diversion, huh.

The worse part was.. in an attempt to hinder you further from maybe whispering to the people sitting next to you.. they had white noise playing on the speakers.

You know the “shhhhhshhhhhshhhhhshhhhshhh” noise? The sound that the “snow” channel made on old tv sets?

Talk about cruel and fucking unusual punishment for people that a few hours before you were welcoming with open arms of thanks :: no stale donuts, though ::

Anyway.. they pass out a set of questions that they want you to answer. These will be reviewed by the judge, defense team and prosecution team.

One of the questions was:

WOULD YOU HOLD IT AGAINST A DEFENDANT IF THEY DIDN’T TAKE THE STAND?

Something to that effect.

HELL YEA I wrote.

And I would. Definitely.

So all the papers are collected and then the questions are read aloud for which everyone who answered a certain way has to stand to acknowledge their answer to the question.

Not sure if I’m explaining this right. But like, they would say:

All those who answered YES to Question 5 regarding a friend or family member convicted of a crime please stand up with your juror number displayed.

Personally, I think that sucks but as you will find out I think about this sucked.

Anyway.. so they get to the question about holding it against someone who won’t take the stand in their own defense and I promptly stand up. So did the girl to the left of me.

Remember, we’re not able to talk to one another and there’s enough flying monkey’s from the Wizard of Oz trolling around making sure we don’t.

So after they get done all that.. they start speaking to the potential jurors one by one.. up at the judges side bar.

Remember, there are 120 people in there. They are interviewing people NUMERICALLY. It’s almost 3pm by this time.. I am number 104… they are on number 23 or something and I’m thinking.. Welp.. court ends at 4.. there’s my one day / one trial thing done and over with.

NO.

SUCH.

LUCK.

4:00 rolls around… then 4:15… then 4:30… THEN 4:45.

The judge then tells us that we would ALL have to come back tomorrow.. no IFS.. ANDS.. or BUTS.. because to NOT come back tomorrow would mean serious.. serious consequences.

Here’s were things get dicey. I really should learn to never leave my house without a filter on my mouth or at least learn how to control my impulses because as soon as the Judge said, “… you all have to come back tomorrow” all ANYONE heard coming from me was OH. NO. I’M. NOT!

It was kind of like that old EF Hutton commercial.. the one where EVERYONE stops to listen? Yea.. well.. that’s kind of what happened. And since all eyes were on me I, of course, had to stand up for the rights of citizens everywhere.

Right?

Um.. yea.. they didn’t think so.

Anyway.. so I start ranting about how the jury summons had said ONE DAY or ONE TRIAL. This was our ONE day because we certainly weren’t involved in a trial. You cannot tell me that NO ONE in this court room figured out at .. like.. Oh, I don’t know.. 2pm? 3pm, maybe? that they weren’t going to get through ALL 120 jurors. Could they have NOT let anyone know then so that they could make the appropriate arrangement for say.. oh, I don’t know.. they’re JOB maybe? Because as of NOW.. my office and certainly OTHER people’s offices were closed so how the HELL am I suppose to notify my boss that I have to come back HERE! again?

Every body started fist pumping the air… chanting my name.. comparing me to Norma Rae!

Well.. no .. actually they were just agreeing with me with a head nods and mumblings of “yep, that’s right”. But hey, a girl can have a fantasy right?

All of a sudden, one of the flying monkeys rushes towards me and tell me that I better “knock it off” :: really. He said that :: or he’d give me a fine.

“A fine?, “ I asked making that smirky face I made once in a while. “For WHAT?”

“Disorderly Conduct,” he said.

I think I responded with OH. COME. THE. FUCK. ON! and added something about him being a kindergarten drop out who couldn’t get a real job as a policeman.. and if he DIDN’T know, I was a United States Citizen who had every right to oppose the sanctions placed upon me BY the court when I was here doing my duty TO the court. How fucked up was that??

One thing you need to know about me… in situations like this, I tend to pull out the big 10 cent dictionary words and go into “lawyer”-speak, as my psychotic ex husband used to say.

He had about enough of me, I’ll tell you what!

He whips out his little citation book and tells me that I am definitely getting a fine and incredibly, asks me my name and address.

I tell him in my most billowing Norma Rae voice that:

I AM JUROR NUMBER 104.. LOOK IT UP IN THE GODDAMN PAPER WORK

And then I walked out of the courtroom… down the hall.. down the steps.. across the courtyard.. across the street.. into the parking lot and into my car muttering, “… what the fuck did you JUST do you simple ass mother fucker?” Quickly proceeded by “.. dammit, I need a coffee STAT!

So the next day comes and I head back to the courtroom :: like instructed :: taking the same seat that I had before.

All the flying monkeys were giving me the hairy eyeball and the other potential jurors were sneaking me smiles and nods.

Again they put on the white noise.. and again you have to sit there with no source of entertainment or access to caffeine. This was going to be a LONG day!

There happened to be some kind of issue with Juror 103 :: on my right ::. I’m not sure what it is because you know, we aren’t aloud to inter act, but at some point she grabs hold of one of the flying monkeys and tells him that there is no possible way she can continue to sit in the court room because the defense attorney was the same guy that her old babysitter used when she was on trial for shaking her :: the juror’s :: baby to death. She got off and apparently, this woman held it against the defense attorney.

DAAAAMMMMNNNNN!!! The things you find out when white noise doesn’t work as well as you think it does!!

Anyway, the flying monkey tells the woman that she cannot leave the court room but that he will speak to the judge. She gets all hysterical crying and asks if she could use the ladies room. The flying monkey then gives a not to the crypt keeper and a set of doors rivaling the beginning of Get Smart opens and she leaves.

She eventually comes back and about an hour or so later, when the judge and all were finishing up grilling Juror 87 or 88, the unexpectedly call Juror 105 :: the girl on my left ::.

Immediately there is a buzz in the room. What did this mean? Is everyone else going home? Are they going to keep everyone else? WHY. THE. HELL. WOULD. THEY. SKIP. OVER. ALL. THESE. PEOPLE? What was so special about HER?? Why did SHE get called next? Did she have naked pictures of the JUDGE?

It was craziness. Pandemonium would be a better word. All the official court people start shushing everyone and the judge is banging his gavel and calling order and all this stuff and finally, everyone calms down.

Juror 105 was questioned and then released.

Lucky bitch.

Anyway.. so fast forward to when they finally call my number.

I go up before the judge, the prosecution and defense and the judge asks me about the answers to my questions. But before he could get to any specific one, I tell him that I didn’t answer one question truthfully. I told him that it would be difficult for me to serve on the jury because I morally opposed homosexuality and the reason why I didn’t answer truthfully is because there were obviously people around me who were gay and I didn’t want to either offend anyone or make anyone uncomfortable.

The defense attorney poo-poo’d that sentiment. Which.. okay.. he TECHNICALLY was right about but he really didn’t know that for sure. I mean, I COULD really feel that way.

The judge then asked me about THE question.. the whole defendant taking the stand thing.

I said to him that I understood that it was a defendants constitutional right NOT to take the stand but I firmly believe that an innocent person had nothing to hide and that if I were accused of something I didn’t do then I you wouldn’t be ABLE to keep my mouth shut about it.

The defense attorney huffed at that but instead of cutting my eyes at him I just remained with the persona of a dutiful potential juror.

I thought this was it… given what I said, no one in there RIGHT MIND would want me on a jury and I would be excused. I figured it was early enough in the afternoon that I could get some shopping done.. maybe check out Border’s… go to DSW… I had it all planned out.

But they shot me a curve ball.

They told me to go back to my seat.

WTF???

I gave a grin… and politely made my way back to my seat.. mentally calling them ever curse word in English AND Italian!!

And I sat.

And sat.

And sat until they finally got everybody interviewed.

It was then that the judge called on me to go to his chambers.

All eyeballs on me.

Fuck.

As I made my way back.. escorted by a flying monkey.. I swear I was waiting for the cuffs to be put on and was trying to figure out how the hell I was going to 1) let Chief know that I was probably the only potential juror ever arrested and 2) explain to Chief why I was the only potential juror ever arrested.

I get to the chambers and the judge and both attorneys were there. I sit down and the judge tells me that the reason why I’m being called back there is that the defense attorney feels as though I was not being honest about my answers.

Are you KIDDING me?

This is already 2441 words so I’ll cut to the chase.

Remember that juror that they interviewed out of order? Well apparently, she said the same thing about THE question that I did and he was convinced that we had some conspiracy thing going on between us.

Are you KIDDING me?

I asked him if he was insinuating that the flying monkeys didn’t do their job and keep us from talking.. because there was no way in HELL you could have a conversation .. even with mental telepathy.. with them around.

The defense hack also said that he didn’t believe my rant on homosexuality and suggested to the judge that I be held in contempt of the court.

Are you KIDDING me?

I was getting really REALLY pissed at this point so I turned around and told him why it was so damn important to have me on this jury? Obviously, his client wasn’t going to take the stand because he was guilty as hell :: yes, I did say that :: so he wasn’t going to win me over on that.. and he definitely isn’t going to win me over on the gay thing… so why was he wasting MY time, the JUDGE’S time and the COURTS time by grilling me unless, of course, the reason WHY he wanted me on the jury is so that WHEN his client is found guilty as ALL HELL, he’d have an out to get him another trial.

I have to admit that that came to me at the last minute but I can tell you that it did peak the Judge’s interest.

The defense attorney said that that was ridiculous and told me that I was making a mockery of the law.

That really inflamed me. I told him that on the contrary, HE was the one mocking the law. That even though one may not always agree with the law.. it is the LAW and he was the one trying to dance around it. And as far as the constitution goes, I’m sure he didn’t agree with everything in it.. but even though it preserves certain rights, that doesn’t me that I have to agree with those rights.

The judge asked me again if there was any shadiness with the other potential juror and I told him that he could look up every single juror sheet that I ever filled out in the city and the answer to that question is always the same.

He seemed satisfied… the prosecution was literally getting a kick out of all this and the defense guy was all twisted up in knots.

The judge told me I could leave and as I was walking out, I remembered the fine. I decided to be bold and ask him if I still have to pay it. He seemed a little taken back by my boldness but I told him that considering the defense attorney basically wanted me drawn and quartered, wasn’t that punishment enough?

He told me he would see what he could do and if I got the citation in the mail then to just mail it to his office.

Ordeal over.. I made my way home.

Quickly.. before anyone changed their minds!!

BTW … the guy on trial? Yea.. they found him guilty as all hell!

… back on March 20th, Chief had to go to court for a preliminary hearing. At that time, his lawyer told him that the could get him in the ARD program :: Accelerated something-or-other ::, probabtion, community service and some fines but nothing that would stick to his permanent record.

Chief’s response was that he didn’t care about his records .. that he had his own business.. but the lawyer said that he should care because it could following in a negative way if Chief needed to get a business loan or something like that.

The lawyer said that Chief had to make a decision.. either do what needs to be done to end everything and get on with our lives, or keep fighting and spending 1000.00 everytime the lawyer faced a judge.

He said it was harsh to hear but you can’t play fair with an unfair system and it was ultimately up to Chief to decide.

I could feel my eyes welling up with tears and the anger inside of me was unbelievable. I felt like everything I thought to be true about democracy, about our justice system, about police officers was trashed.

Chief did nothing… ABSOLUTELY NOTHING.. but because we can’t afford attorney fees he was going to have to plead to something he didn’t do?

We didn’t even really discuss it.. Chief just went ahead and signed the paper work for the ARD program and waive his rights to a preliminary hearing in the borough so that it would be moved to the county seat.

My stomach hurt.. I felt like throwing up.. but what choice did we really have?

I started thinking about how many other people were in prison because of the same situation.. because they couldn’t afford a lawyer or maybe because their family had already been through enough. It was really too hard to think about and too taxing to come to terms with the fact that this was the way it was going to be .. especially because Weed, the bastard, was still walking the streets dealing pills and pot.

Initially, Chief was told that the new arraignment would be today but that he wouldn’t have to go the arraignment in the county seat.. that the lawyer was going to go. But Sunday when we stopped at the shop, the lawyer had put his business card in the door with a note to call him and that it wasn’t an emergency.

I called and the lawyer said that due to an emergency, he was going to be out of town today and that Chief was going to have to go to court and plead “Not Guilty” himself. He gave the time and other instructions and then he said that he had bad news.

He said that because of a previous gun charge, Chief would not be eligible for the ARD program.

NOTE: He was never convicted of a gun charge. Back when he was 17, his older brother got into a fight or something and there was a gun involved. Nobody was shot or hurt or anything, but because his brother was over 18 at the time and would have really fucked up his life with a gun charge, Chief took the wrap. Nothing ever became of it except a dusty blurb in his record of youthful mischief.

The lawyer went on to say that he didn’t know there was a gun charge and I told him that it was in the original warrant. He mumbled something but it pissed me off because OBVIOUSLY this jerk off didn’t even READ the warrant.

Chief said that he was glad he wasn’t able to get ARD because now he could just do what he wanted and fight the charges and we would do whatever needed to be done to see this thing through… even hire another lawyer because OBVIOUSLY we’re having serious second thoughts on this one!

So today he went up to the court house and was formally arraigned. He was back in about 2 hours :: they take people without lawyers with them first :: and now the pre-trial hearing is set for May 20th (I think).

Chief explained that the pre-trial is when they would probably try to hash a deal leaving him with nothing but a posession charge and a fine.

Hopefully that’s the way it will work but it still turns my stomache.

Oh.. and one other thing…

The Annonymous Informer? The one that we’re almost 100% sure was involved and haven’t seen since this all happened?

Yea.. well.. he came into the shop yesterday. I was there and Chief told me to hold my tongue.

Apparently, he had been in earlier and started asking Chief questions about the case and something about Chief fucking up whoever went to the cops or some bullshit like that.

Chief was really calm and said that there was nothing to talk about because he had nothing to worry about and let it go at that.

He explained was ironic that this dude happened to show up the day before his arraignment and that there was every possibility that he was wired to see if Chief would say anything ..  or it could just be that the dude knows how Chief is and wanted to find out if Chief knew he was involved. He also said that if he was the informant and was called to appear, that there would be no way in hell that he would show his face.

This whole thing just makes me head spin.