Re: CC Dilemma HELP!!!!!
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Posted by poor lawyer
(24.88.34.92) on August 22, 2002 at 21:02:30:
In Reply to: Re: CC Dilemma HELP!!!!! posted by Why Chat on August 22, 2002 at 20:54:49:
I agree that the best thing to do would be to get a lawyer and countersue. Magistrates tend to have a much harder time following the law than Circuit Court judges do. A relatively inexperienced magistrate might not dismiss even when faced with a SOL defense. Most circuit court judges though are far more familiar with all those procedures, and don't want to risk the embarrasment of being overturned on appeal, especially on a cut and dry issue. (Magistrates get used to getting overturned by the Circuit Courts real quick....) I've seen Magistrates do some extremely assinine things before, including letting a criminal defendant go free when the defendant admitted to the crime when testifying. (That one got overturned by the Circuit Court.) Real judges make mistakes, but usually won't blatantly disregard the law. poor lawyer, esq.
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