Humble Teapologies ...

by **fire_snake** » Dec 9th, '11, 16:49

Re: Humble Teapologies ...

by fire_snake » Dec 9th, '11, 16:49

Having been directed here from the other thread, Chip . . . when it rains it pours. One can do nothing but at least enjoy getting wet. Or just witness and observe.

I guess the best one can do is make more tea. And sometimes, that's good enough, too.

Hang in there, Chip. And may your Theanine absorption be at least double its usual amount. :wink:

Christian.

by **Chip** » Dec 13th, '11, 18:46

Re: Humble Teapologies ...

by Chip » Dec 13th, '11, 18:46

<needs theanine NOW!!!>

So in a bizarre twist, the new judge somehow summoned the parties to a surprise "disposition hearing." Did not let anyone know. The DA's office found out about it last night at 5 pm. The hearing was scheduled for 9:30 am today!!!!!!!!!!!!!!!!!!!

I found out there was a possible hearing from a weird VM last night without times. Without too much info except that the restitution would be dealt with and that I was getting screwed (my word, not theirs, they used the term generous?!?)

I cannot get into detail at this time, but fortunately I managed to get a hold of the assistant DA I have been working with ... who serves a dual duties of serving the state as prosecuter and representing me the victim ... right before the hearing which is the first time I knew the time, 9:30 am.

I am waiting the outcome, though the judge may defer rendering his verdicts to the January 12th scheduled hearing.

by **BioHorn** » Dec 13th, '11, 22:28

Re: Humble Teapologies ...

by BioHorn » Dec 13th, '11, 22:28

Chip wrote:<needs theanine NOW!!!>

So in a bizarre twist, the new judge somehow summoned the parties to a surprise "disposition hearing." Did not let anyone know. The DA's office found out about it last night at 5 pm. The hearing was scheduled for 9:30 am today!!!!!!!!!!!!!!!!!!!

I found out there was a possible hearing from a weird VM last night without times our too much info except that the restitution would be dealt with and that I was getting screwed (my word, not theirs, they used the term generous?!?)

I cannot get into detail, but fortunately I managed to get ahold of the assistant DA I have been working with ... who serves a dual duties of serving the state as prosecuter and representing me the victim ... right before the hearing which is the first time I knew the time, 9:30 am.

I am waiting the outcome, though the judge may defer rendering his verdicts to the January 12th scheduled hearing.

Chip,
I am sorry to hear the continuing ups and downs in this saga. Hopefully this will soon come to a close. It sounds a bit muddled.

We are in there with you!

Hans

by **JBaymore** » Dec 14th, '11, 17:08

Re: Humble Teapologies ...

by JBaymore » Dec 14th, '11, 17:08

Any outcome, Chip?

best,

...............john

by **Chip** » Dec 15th, '11, 02:29

Re: Humble Teapologies ...

by Chip » Dec 15th, '11, 02:29

JBaymore wrote:Any outcome, Chip?

best,

...............john

Outcome ... well, knowing that the justice system is for the birds. But that is not what you mean? :lol:

The ADA was supposed to call me Tuesday after the hearing. Surprise, no call. So, I am clueless.

by **JBaymore** » Dec 15th, '11, 11:12

Re: Humble Teapologies ...

by JBaymore » Dec 15th, '11, 11:12

Chip wrote:Outcome ... well, knowing that the justice system is for the birds. But that is not what you mean?

I already was aware of that fact. :roll:

best,

............john

by **Chip** » Dec 16th, '11, 18:12

Re: Humble Teapologies ...

by Chip » Dec 16th, '11, 18:12

omg, someone please put a pressure relief hole in my head before it explodes!!!

Sooo, all that was for naught. The court made an error. I guess everyone showed up again ... only to be told, "ooops, we made a mistake. The January 12th date is the next hearing date."

ARRRRRRRGH .....

I seem to be passing through phases. First shock, then denial/false guilt, then extreme anxiety ... and now extreme anger. :evil:

Well, hopefully this is progress :?:

by **Chip** » Dec 16th, '11, 18:21

Re: Humble Teapologies ...

by Chip » Dec 16th, '11, 18:21

It is looking more and more like I may have to make a court appearance. Partly for the restitution. The ADA who must also represent the victim under this program ... must handle the restitution aspect.

It seems he was absent from law school on the day they discussed restitution being "equivelent" to the loss. He seems to think restitution should be much less than the loss (and the victim should be victimized again).

I simply cannot understand this. He suggested to me a restitution equal to about 1/3 my loss. Ummm, no way, dude!!!

by **T-session** » Dec 16th, '11, 19:42

Re: Humble Teapologies ...

by T-session » Dec 16th, '11, 19:42

They will always shoot low first... you will always have to fight for anything close to fair. I hope it ends up double (your loss) for you.
Hang in there.
Bill

by **Chimpie** » Dec 17th, '11, 07:42

Re: Humble Teapologies ...

by Chimpie » Dec 17th, '11, 07:42

Chin up Chip.... we are thinking of you and your family.

by **JBaymore** » Dec 17th, '11, 11:01

Re: Humble Teapologies ...

by JBaymore » Dec 17th, '11, 11:01

Chip wrote:It is looking more and more like I may have to make a court appearance. Partly for the restitution. The ADA who must also represent the victim under this program ... must handle the restitution aspect.

It seems he was absent from law school on the day they discussed restitution being "equivelent" to the loss. He seems to think restitution should be much less than the loss (and the victim should be victimized again).

I simply cannot understand this. He suggested to me a restitution equal to about 1/3 my loss. Ummm, no way, dude!!!

Chip,

My advice... you need a lawyer representing YOU. Been there and done that and it can have an AMAZING impact on how things go. AND on your mental health. Might be late in the game now to do that.... but talk to someone. Usually the first consult is free or cheap.

When it appears that you will FIGHT (via your "hired gun") then the ADA will pay attention to YOUR needs. If not, you are the conveninet one to simply push around to get a case off the docket and put to bed.

That the ADA is somehow representing BOTH of you.... is absurd. Total conflict of interest. That the legal system there where you live allows that relationship is really curious.

best,

.............john

by **FlyedPiper** » Dec 19th, '11, 14:20

Re: Humble Teapologies ...

by FlyedPiper » Dec 19th, '11, 14:20

Hey Chip-

Sorry for your troubles!

Sounds like this clown needs to be dealt with though... and unfortunately our justice system with all it's flaws is all we have... well, there are other options, like ramming your car into someone else's over and over. :roll:

Think of all this as a public service...

Take solace in the fact that, while you're being put through the wringer so is this asshat. Maybe he'll think twice next time. Maybe not. But at least this will be on his record.

Hang in there, Teabuddy. Keep us updated.

by **tortoise** » Dec 20th, '11, 14:00

Re: Humble Teapologies ...

by tortoise » Dec 20th, '11, 14:00

I'm just catching up to all this. I sometimes can't believe the strain of malice and misanthropy in this country.

by **Chip** » Dec 21st, '11, 17:02

Re: Humble Teapologies ...

by Chip » Dec 21st, '11, 17:02

Thanks, TeaFriends!

John, I will have to answer this generally at this point. There will come a day when I will say much more, however.

It does seem to be a conflict of interest, I have thought this as well. This is generally only under this ARD program. I can opt out of having the ADA represent me in part or in whole of the restitution phase, but that leaves holes that have to be plugged. Also the ADA is listening to my input in the sentencing phase.

I can also simply opt out of the restitution portion of the ARD program, but since his insurance company has made it clear they will not settle since his actions were both intentional and criminal, this would leave any restitution in the hands of civil courts which can be fickle. Under the ARD, he has to make restitution if the claim is legit and the court makes it part of his sentence. If he does not, then the weight of the criminal justice system comes to bear upon him. In a sense, I receive free representation with nothing to lose.

At this point, I can let things ride, however I have made it clear I will not be a victim in the court of criminal law as I was on that day in July. And I still have civil remedies at my disposal after the criminal case has run its course.

by **Chip** » Dec 21st, '11, 17:05

Re: Humble Teapologies ...

by Chip » Dec 21st, '11, 17:05

Chip wrote:Ironically ... a few days ago I received a very positive (nonrelated to this incident, and very tea related) great, stupendous, exciting, awesome ... news that may also prove to be life altering.

... oh, BTW ... I am hoping to be able to share this "great, stupendous, exciting, awesome ... news" hopefully before the end of the month! I am busting ... or is it bursting ... to share. :mrgreen: