xtry51
NES Member
This should be universally true for all court cases. Victim found innocent? Prosecution and officers pay the restitution.
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May be time to Lawyer up
- Thread starter Neverknowsbest
- Start date
This should be universally true for all court cases. Victim found innocent? Prosecution and officers pay the restitution.
Under the "Equal Access to Justice Act", only cases brought against government entities are able to recover court costs (up to $125/hr).
xtry51
NES Member
Yeah, another misnamed law and you shouldn't have to go to court again. Part of the innocence finding should be a binding requirement the prosecution pay the victim back in full immediately. No separate case.
I'd like to know what lawyer charges $125/hr today..
Bar Advocates (private attorneys who take court appointed cases) in Massachusetts get $50/hour. ($100/hour for murder cases)
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Did you by any chance file pro-se? No matter how well written, pro-se petitions are often seen with contempt by the system - it's as if you are thumbing your nose at the bar not paying a legal fee.t is frustrating to have to deal with this when the court at one point said appeals go to the RI Supreme Court, but when I petition them they don't want to take the case (they don't HAVE to take it)![[angry]](/xen/styles/default/xenforo/smilies.vb/008.gif "Angry [angry]")
Go for a pot of gold and your CCW and not a dime less. It's to teach them a lesson, otherwise they screw over the next person, and the next person, ad nauseum.
They are making a wise choice to try to settle. The court decisions have not been going in the anti's favor lately in RI. I'm sure they wouldn't want to set a precedent.
Good luck OP, I hope it all works out for you. Make sure to get your legal fees covered.
Good luck OP, I hope it all works out for you. Make sure to get your legal fees covered.
They are making a wise choice to try to settle. The court decisions have not been going in the anti's favor lately in RI. I'm sure they wouldn't want to set a precedent.
Good luck OP, I hope it all works out for you. Make sure to get your legal fees covered.
If you settle, you most likely won't be able to recover court costs unless that was part of the settlement. Either way, you should have your legal fees paid for, you can recover a fair amount under the Equal Access to Justice Act if you prevail.
And they admit fault.
Great job and continued good fortune.
I like this too. Would it have any legal bearing when he has to answer that yes he has been denied a license/permit in the past though?
I like this too. Would it have any legal bearing when he has to answer that yes he has been denied a license/permit in the past though?
MachineHead
NES Member
Awesome news for neverknowsbest! It shows that they know they're on the plank with nowhere to go.
Question: Does settling out of court on the matter make this win ineligible to be used as case law since it's settled out of court?
This is a RI Supreme Court case, correct? If so, making this win as "on the record" (kept in court) as possible would help prospective licensees looking to get town licenses vs AG licenses, yes?
Question: Does settling out of court on the matter make this win ineligible to be used as case law since it's settled out of court?
This is a RI Supreme Court case, correct? If so, making this win as "on the record" (kept in court) as possible would help prospective licensees looking to get town licenses vs AG licenses, yes?
i hope you instructed your lawyer to deliver the figure in a dr. evil voice.
my client demands his permit... and one hundred billion dollars.
I hope you told him you wouldn't accept anything less than an admission of liability with malice intent, the police chief is fired and his police credentials revoked, a public apology, and loss of all benefits and pension, on top of a dollar amount.
If it is settled out of court, it sets no precedence and therefore they can screw the next and next, ad infinitum on the same issues.
It's "normal" that there is no admission of guilt/culpability. It's a lot easier to get money out of them than an admission that they ever did anything wrong. Thus, I'd be going after what pains them most . . . an admission of wrong-doing over the $$, but that is just me.
We got some good case law out of another RI supreme Court case, that sited my original lawsuit (the one the lawyer messed up) so that's why they are trying to settle instead of loosing in federal court.
Only if we lost in federal district court (where we are now) and appealed to the first circuit. Only then would it help the MA people.
I did ask for a written apology but the lawyer laughed and said it probably won't happen
Then tell them you won't settle.
MachineHead
NES Member
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I agree that you will not get any kind of apology or admission of wrong doing, but you should be able to get a monetary amount. Hopefully it is enough to at least cover your legal bills as well as something that will make the Chief think twice before denying the next person.
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Drop the hammer on them! Many of us in the community are anxious to hear the outcome (the Captain Obvious statement!) and would hate to see any kind of settlement. But I think it's safe to assume that you took it this far for a reason......
Thank you for being persistent!
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Gavel or whatever it's called. I am looking for the satisfying clunk when the judge reaches his decision.
