victim sues suspect

[livendive 8]

prior to trial, to prevent them from spending their assets on defense. Wouldn't this seem to tip the scales of justice pretty heavily in the plaintiff's favor?
http://seattletimes.nwsource.com/html/localnews/2011122921_trooper19m.html

Blues,
Dave

"I AM A PROFESSIONAL EXTREME ATHLETE!"
(drink Mountain Dew)

[Remster 30]

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prior to trial, to prevent them from spending their assets on defense. Wouldn't this seem to tip the scales of justice pretty heavily in the plaintiff's favor?
http://seattletimes.nwsource.com/html/localnews/2011122921_trooper19m.html

Blues,
Dave

Tip the scale in which trial? The civil or pending criminal one?

Remster

[livendive 8]

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prior to trial, to prevent them from spending their assets on defense. Wouldn't this seem to tip the scales of justice pretty heavily in the plaintiff's favor?
http://seattletimes.nwsource.com/html/localnews/2011122921_trooper19m.html

Blues,
Dave

Tip the scale in which trial? The civil or pending criminal one?

Both, if they're prevented from liquidating assets to fund their defense.

Blues,
Dave

"I AM A PROFESSIONAL EXTREME ATHLETE!"
(drink Mountain Dew)

[labrys 0]

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Both, if they're prevented from liquidating assets to fund their defense.

If they really have no means to fund a defense, then the court will provide a public defender. That's fair enough.

Owned by Remi #?

[livendive 8]

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Both, if they're prevented from liquidating assets to fund their defense.

If they really have no means to fund a defense, then the court will provide a public defender. That's fair enough.

Assume for a second he's innocent. Should he be barred from hiring the attorneys he can afford and instead be forced to use a welfare lawyer?

Blues,
Dave

"I AM A PROFESSIONAL EXTREME ATHLETE!"
(drink Mountain Dew)

[skyrider 0]

Good call by the cops lawyer, I hope it works!

[airdvr 210]

According to Pacific County property records, the Joneses' two-story, oceanfront house is valued at $276,200, nearly $22,000 less than what they paid for it in 2004.

Unless he paid cash for it there's probably no asset here. Then again, the lawyer must believe there are assets somewhere.

Please don't dent the planet.

Destinations by Roxanne

[labrys 0]

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Assume for a second he's innocent. Should he be barred from hiring the attorneys he can afford and instead be forced to use a welfare lawyer?

I was being facetious, sorry. The courts should assume he's innocent, not me. My personal opinion is that if he has assets, he should be allowed to use them to defend himself. My gut kinds of admires the tactic the trooper's lawyer is using... but again, no. I don't it's fair.

There's a lot of stuff in the legal system that isn't fair. Take public defense for one. It should be just as good as an expensive private defense but we all know it isn't.

Owned by Remi #?

[marks2065 0]

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Assume for a second he's innocent. Should he be barred from hiring the attorneys he can afford and instead be forced to use a welfare lawyer?

I was being facetious, sorry. The courts should assume he's innocent, not me. My personal opinion is that if he has assets, he should be allowed to use them to defend himself. My gut kinds of admires the tactic the trooper's lawyer is using... but again, no. I don't it's fair.

There's a lot of stuff in the legal system that isn't fair. Take public defense for one. It should be just as good as an expensive private defense but we all know it isn't.

I think it is very fair, he should have thought before he pulled the trigger. it is about time that a victim got something.

[kelpdiver 2]

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I think it is very fair, he should have thought before he pulled the trigger. it is about time that a victim got something.

But until we have a verdict, we don't have a party that can be made responsible.

[AndyBoyd 0]

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There's a lot of stuff in the legal system that isn't fair. Take public defense for one. It should be just as good as an expensive private defense but we all know it isn't.

The Public Defenders that I have worked with are outstanding attorneys who have a ton of experience and know the system very well. They often have very good working relationships with the judges and prosecutors, and are usually able to obtain good plea bargains for their clients. Plus, they have the benefit of a huge support system in the Defender's office. I have seen many inexperienced private attorneys who frankly were in way over their heads. The idea that Public Defenders are incompetent "welfare attorneys" is an insulting myth. BTW I am not a Public Defender.

[Andy9o8 2]

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There's a lot of stuff in the legal system that isn't fair. Take public defense for one. It should be just as good as an expensive private defense but we all know it isn't.

That's actually only rarely true, and far less so than most people who have never been criminal attorneys or prosecutors realize. In many local jurisdictions, public defenders are among the finest, best-trained, most skilled and sophisticated criminal defense trial and appellate attorneys there are. Similarly, there are a number of public defender offices in the US that are essentially among the very best criminal defense law firms in the country.

I'm not saying that affluent criminal defense law firms, with clients that pay big money to Johnny Cochran type lawyers don't get a lot of good results for their clients; they do. Nonetheless, my preceding paragraph is absolutely correct.

The second-best place for a new attorney to get a lot of high-quality trial training and experience is in a prosecutor's office. The best place is in a public defender's office.


Edit - I swear I didn't collude with AndyBoyd; it's just that great minds think alike.
Everything that he just said, I hereby echo.

[rehmwa 2]

"Take public defense for one. It should be just as good as an expensive private defense but we all know it isn't."

"it is about time that a victim got something. "



Andy^2 - good responses. but really, you are both just responding to one of the two cliche soundbites of the thread that the public laps up like extra sweet, sweet Kool Aid mix.

...
Driving is a one dimensional activity - a monkey can do it - being proud of your driving abilities is like being proud of being able to put on pants

[Andy9o8 2]

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I think it is very fair, he should have thought before he pulled the trigger. it is about time that a victim got something.

Your statement presupposes his guilt. That's human nature; but still, you and I, thus far, only know what the news media have reported about the case. He's still entitled to a trial. It's naive to presume that a guilty verdict is a foregone conclusion.

[labrys 0]

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That's actually only rarely true, and far less so than most people who have never been criminal attorneys or prosecutors realize. In many local jurisdictions, public defenders are among the finest, best-trained, most skilled and sophisticated criminal defense trial and appellate attorneys there are.

Thanks for the info. I suppose I was just repeating what I've heard and not what I know for a fact. My bad.

Owned by Remi #?

[lawrocket 3]

I wholly concur with what the Andy's said. I can't help but wonder whether the Plaintiff just screwed the prosecution.

I would rather have a public defender than a private attorney unless I had pretty much unlimited resources. Public defenders are the most familiar with the courts, the prosecutors, and are experts on that area of law.

I'll put it this way - if a PD is incompetent, then so is a prosecutor. They are both paid by the govt. The difference is a PD can be liable for malpractice and gets to personally know his client.

The Plaintiff may be blessing the guy.

My wife is hotter than your wife.

[pirana 0]

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Both, if they're prevented from liquidating assets to fund their defense.

If they really have no means to fund a defense, then the court will provide a public defender. That's fair enough.

Maybe they will get Larry the Ticket Defender.

" . . . the lust for power can be just as completely satisfied by suggesting people into loving their servitude as by flogging them and kicking them into obedience." -- Aldous Huxley

[kelpdiver 2]

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I wholly concur with what the Andy's said. I can't help but wonder whether the Plaintiff just screwed the prosecution.

Did he? Or will it be easy to get a stay till the conclusion of the criminal trial?

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I would rather have a public defender than a private attorney unless I had pretty much unlimited resources. Public defenders are the most familiar with the courts, the prosecutors, and are experts on that area of law.

I think the aspect of the PD that compromises performance is workload. It's a lot easier for the DA to sell that the office needs more attorneys. They're putting away criminals. The PD is defending scumbags. The SF PD has been relentless in declaring that his office needs more resources, still doing so.

And I think it's a bit easier to attract talent - the DA is one of the most common routes to political office. Now it's fair to question their motivation to the law, as opposed to themselves, but it should give you choices of top talent. The PD's office should have less turnover (but perhaps more burnout due to load).