Had a first at court today...

[greg72982]

Let me first preface this by explaining quickly how the justice system works in PA as all states are different:

When you are charged with a misdemeanor or felony in PA you automatically have a preliminary hearing which is held at the magistrate's office. The point of the preliminary hearing is more or less to determine that there is probable cause in the case and if it should be sent up to the higher court, that being the county court. As a defendant you have a right to waive this hearing and then it will automatically be sent up to the county level. I would say most people do this. Once waived many times plea bargains are worked out and for a police officer that is often your last step.

Today I had a preliminary hearing for a DUI. The defendant's attorney approached me asked what happened etc. The defendant refused a blood draw however. He then said that he always wants to go to a hearing with his clients but in this case he is just going to waive the hearing because "You (meaning me) really have your stuff together" :D. I must say I have never been told that by a defense attorney and never expected to be. Go figure.

[CincyCop]

..."You (meaning me) really have your stuff together" :D.

You really have your stuff together. = All your poop is in one bag.

Good job, Greg.

:D

[BP348]

Every once in a while everyone gets something right :eek::D

I'm sure it was a shock!! Good job ;)

[greg72982]

Every once in a while everyone gets something right :eek::D

I'm sure it was a shock!! Good job ;)

Thanks

and to use a squirrel metaphor: Even a blind squirrel finds a nut every once in a while

[retdetsgt]

Beautiful! And the more you do a good job like that, the better your reputation will become among both defense and prosecutors.

My last ten years or so, it was rare that I had to go to a hearing to suppress evidence on one of my search warrants. Some people have to defend theirs on every case. Word gets around.

Keep up the good work, Greg!

[GoDirectly2Jail]

An honest lawyer! Did you get his name in case you ever need a defense attorney?

[Bob Loblaw]

Today I had a preliminary hearing for a DUI. The defendant's attorney approached me asked what happened etc. The defendant refused a blood draw however. He then said that he always wants to go to a hearing with his clients but in this case he is just going to waive the hearing because "You (meaning me) really have your stuff together" :D. I must say I have never been told that by a defense attorney and never expected to be. Go figure.

In Oklahoma, a defendant has the right for a civil hearing dealing with the suspension and revocation of their license when arrested for a DUI (Implied Consent Hearing), and in that hearing, the only things within the scope are a) why did the officer come in contact with the defendant and b) why did the officer think the defendant was intoxicated (and, if they blew, all the regular procedural questions). It's pretty routine for the defendant's attorney to stipulate to the officer's testimony and to actually say "yeah..I've got no questions for the officer. Sounds like my client was drunker than hell." I've had lawyers ask "well, you pulled him over because you saw him throw a whiskey bottle out the window...why didn't you cite him for littering too?"

[retdetsgt]

Oregon's much simpler. Misdemeanors and traffic violations never have any kind of preliminary hearing. You go to court on the assigned day and plea. If you plea not guilty, a trial date is set.

Even felonies rarely have one although there's a provision for them in Oregon law.. There is an arraignment the next court day, but it's just a reading of the charges and appointing an attorney, if necessary. The officer is never there. Then the DA has a choice of taking it to G.J. or have a prelim. Ours never has a prelim and the judges appreciate it, one less court room tied up.

DMV will give a DUI defendant a civil hearing, if requested if they refused the breath test since they face a one year suspension. Usually, the attorney just waits to see if the officer will show up. If he/she does, then they stipulate.

[greg72982]

Beautiful! And the more you do a good job like that, the better your reputation will become among both defense and prosecutors.

My last ten years or so, it was rare that I had to go to a hearing to suppress evidence on one of my search warrants. Some people have to defend theirs on every case. Word gets around.

Keep up the good work, Greg!

Thanks I'm just shocked he admitted it. Most attorneys wont let you know that..

An honest lawyer! Did you get his name in case you ever need a defense attorney?

LOL yeah actually I'll see him on Friday at a different magistrate's office for another DUI prelim

In Oklahoma, a defendant has the right for a civil hearing dealing with the suspension and revocation of their license when arrested for a DUI (Implied Consent Hearing), and in that hearing, the only things within the scope are a) why did the officer come in contact with the defendant and b) why did the officer think the defendant was intoxicated (and, if they blew, all the regular procedural questions). It's pretty routine for the defendant's attorney to stipulate to the officer's testimony and to actually say "yeah..I've got no questions for the officer. Sounds like my client was drunker than hell." I've had lawyers ask "well, you pulled him over because you saw him throw a whiskey bottle out the window...why didn't you cite him for littering too?"

You can appeal the suspension for a refusal here in PA...from what I hear though those PennDOT attorneys are real good at what they do...That attorney today said he'd charge that guy like $1500 for the PennDOT hearing and he just couldn't afford it.

[cntryboy0531]

One of the few things I like about Florida, once I dump the guy off at the jail, 9 times out of 10, I won't see the bastard again unless I arrest him again. Only hearing's I have to attend are trials, depositions, motion to supress hearings, and traffic court if someone want's to fight a ticket.

Most take plea deals. I've only been to two jury trials (knock on wood) in 3.5 years at work. Won both cases, with the most recent, the guy got 20 years minimum in Florida State Prison. My case.

Been to about 10 depositions, and three motion to surpress hearings. again, won all so far. **knock on wood.**

[JakeLock]

Happens to me all the time, "Officer we're forgoing the prelim and just pleading guilty, you are way to good at your job. You're the best cop I've ever seen! My client would like to confess to a few other things because he knows you'll catch him anyway. YOU DA MAN!"

You know how it is...



















:D

[pac201]

Thanks

and to use a squirrel metaphor: Even a blind squirrel finds a nut every once in a while

around here it's the sun shines on a hog's butt every now and then of it's own accord...:D

[Drew27k9]

Today I had a preliminary hearing for a DUI. The defendant's attorney approached me asked what happened etc. The defendant refused a blood draw however. He then said that he always wants to go to a hearing with his clients but in this case he is just going to waive the hearing because "You (meaning me) really have your stuff together" :D. I must say I have never been told that by a defense attorney and never expected to be. Go figure.

I taught you well son:D

[greg72982]

I taught you well son:D

Yes dad I will always remember our talks