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usbombshell
Oct 29, 2004

Boom!
Quick question, I don't want to go into the whole ordeal since it is still in the courts and I'm sorry in advance for the vagueness. I am trying to leave out the facts of the case; I am more interested in the main question below. I will edit out the rest if that is better.

....

Main question: In about a month, d. will be getting student loan money that will cover the fine. If the fine is paid before the criminal court is decided (same facts), is that an admission of guilt? I am not attempting to/do not want to fight the ordinance, but I do not want to screw up the criminal issue.

I cannot find the answer anywhere (including from the current lawyer, who just says "don't pay" let me file an appearance, which again, can't really afford), and no, this is not a DUI/DWI with a traffic violation attached. It was an accident, no one hurt, $40 property damage that has already been paid to the other party.

edited as I think I am screwed...

usbombshell fucked around with this message at 04:27 on Apr 22, 2010

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usbombshell
Oct 29, 2004

Boom!
I did call, and I read in their rules of trial something about an appearance in writing, so I did request that. I will amend my request to add phone, since the point of the appearance it is just to answer some questions about finances.

When I call, they tell me everything must be in writing.

Thanks for the idea though!

usbombshell
Oct 29, 2004

Boom!

joat mon posted:

Any screwing up of the criminal issue happened with pleading guilty/ being found guilty on the ordinance violation; paying the fine is immaterial. If someone's already been found guilty (and been ordered by the court to pay a fine), paying the fine can't make someone any more guilty.
Was someone represented by counsel when she pled/ was found guilty on the ordinance violation?
Did someone plead guilty or was she found guilty?

My cynical side wonders if the attorney is telling someone not to pay the fine so that he gets his fee first.

If the ordinance violation was for the exact same facts, there might be a double jeopardy issue in your favor, but resolving that potential issue is highly fact dependent and Indiana law dependent.

e: I'm not saying that someone should go pay her fine against her attorney's advice based upon what some anonymous guy from the internet said; but someone might want to ask her attorney some more pointed questions about the matter.

VVVVV: Yep, she did. I was honoring her original effort at pseudo-anonymity in case she wanted to edit.

Oh crap, I tried.

Anyway, the finding against d. (fine, me) in the ordinance was for failure to appear (as per the lawyers advice "oh don't worry, I'll go"--he did, filed no appearance and said nothing during proceedings). Lawyer has his fee, had it way before the ordinance hearing. Motion to dismiss due to double jeopardy was denied in criminal court. I thought that my lawyer was representing me for the ordinance, I found out Tuesday that he was not--only for the felony...but he will for $750 more...

And my stomach sinks lower and lower...

I filed my Motion for Continuance today and will be spending the weekend in the local law library. Ugh!

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