no9klein

Thank you for the prayers. The case is actually in Jackson County, Medford, Oregon. Washington would be much closer and maybe they would actually see it for what it was an accident. I know I heard of a case in Washington were someone actually called and requested a police come out for an accident in a parking lot and they refused as they said it was private property.

As far as the competent counsel I could not agree with you more. It may not be so much to get this reversed we are still looking into it. The attorneys may have to pay for it or should I say their insurance.

We are still looking into some action of withdrawing the plea or what other actions can be taken at this time. We still have not received any paper work or the court order or anything from either attorney in this case.

As far as defending the more serious charge filed in the first place we would welcome that. There is to much wrong with even the police report and the fact that the security guard never bothered to identify himself to my husband. It was what it was an accident....nothing more. My husband should have attempted to deal with it that night instead of putting it off until the morning but that should not constitute the charges that have been brought against him.

We checked into the limited driving privileges and we were told that there is no such thing if you have a CDL.

We had thought that we were beyond this whole thing and we were happy to be moving on......now we have been slammed with this. We will get through it but it just does not seem right.

GFIW

 

bigtimba; devildice and CAD FAMILY

I am sorry for the neglect!

Davis had to terminate my husband's employment as of Friday :sad: They could not have him listed as an employee without a valid CDL. But they want him back as soon as his CDL is valid which will be April 30 . They said this should have just been an insurance issue and cannot believe were this thing has gone. They said they are very pleased with my husband and that he has a very good work ethic and they definitely want him back. Unless they have need of his truck it will stay here and remain his when he is reinstated. He will not have to go through the rehiring process as if he is not employed with them for under thirty days DOT considers it continuous employment.

The one attorney did come on and read some on CAD not Oscar the one from Interstate Trucker/ Drivers Legal Plan. There was no apology or any real concern from him regarding the situation. And still no paper work from either attorney. Other than the one plea agreement we have never received anything from the courts or anything else from them.

We are still looking into what legal actions we can take. The attorney from Interstate Trucker/ Drivers Legal Aid said he would call back after he got something from the courts. I think he has all the paper work and I am not holding my breathe for any help from him after all he was the one who was suppose to be overseeing the case for us and hired Oscar to handle it.

We have been in touch with an other attorney from Portland and we will have to see what will come of that.

My husband went down to file for unemployment this afternoon. Just one week ago Nana was able to begin driving and now I told her and my husband that I get to clavier him around! Maybe I should have the CDL with all the driving I do!

GFIW

 

Glad to see that Davis is being so understanding.


Also good to see you are maintaining a sense of humor. I cetainly hope everything works out for you all. Lord knows you deserve a break.

 

My husband went down to file for unemployment this afternoon. Just one week ago Nana was able to begin driving and now I told her and my husband that I get to clavier him around! Maybe I should have the CDL with all the driving I do!

GFIW[/quote]

ops: ops: That was suppose to be chauffer I was in a hurry when I posted I had to get them to karate!

GFIW

 

It was a great relief to me also!


Thank you! One day it will all work out it just appears to be later instead of sooner!

GFIW

 

Sorry to hear how this has turned out. Hopefully, he can gain unemployment until he gets his CDL back. Best of luck to yall.

 

GFIW,

You're leaving us hanging here..... :? what's been going on with this latest saga?

 

...it musta been that left toin at Albuqueque!

 

GFIW,

You're STILL leaving us hanging here..... :sad: Give us an update

 

Sorry I have been going buggy :shock: There is so much going on and no help in dealing with it at this point.

On Friday April 13, 2007 my husband spoke with the attorney from Interstate Trucking. Oscar never did call us back. It was amazing how bad the attorney lied, his attitude, and arrogance. He considers the case closed as we thought he would.

The one attorney from Portland that was going to attempt to recover some of our loses is not calling us back. He was also going to attempt to find an attorney to help file a Motion to Set Aside Conviction. But all local remedies are to late. So I don't think he was having any luck finding anyone to file and is therefore not returning our calls. We do not need an attorney like that anyway.

Monday we received the written Judgments from the courts as our attorney Oscar NEVER sent us a thing even after the last time we requested it.

On Tuesday I spoke with the District Attorney to find out about whiteness at the Grand Jury hearing and any record available. She said it was the police report. The Grand Jury hearing took place in her office and there are no records of anything that occurred.

She then proceeded to tell me the case is closed. I told her my husband did not plea guilty and she said as far as she was concerned he did and she gave him a good deal. I asked her how she could make him a felon over an accident she said it was just a misdemeanor and that he could have spent a year in jail. I told her that there was NO intent on Criminal Mischief in the First Degree. She told me he was there and she did not have to prove Intent. She said she was the law and if I studied the law...
I interrupted at that point and informed her that I studied to be a paralegal and that my Grandmother was an attorney. I didn't tell her Grandma wrote the first California Legal Secretaries Handbook with the help of the former Chief Justice.

Then I told her we were going to take this to the appeals court and that if need be we would take it to jury trial. Here is were she really got silent on the phone when I stated that My husband would be willing to go under hypnosis in order to show that he is telling the truth and that facts such as the victims/complainant did in fact come up and speak with my husband, did aid and abet him in getting out of the parking lot and did not identify themselves. Dead silence then I said "Hello" I just so okay well thank you and hung up.

I didn't tell her that we have every intention of filing a complaint against her also with the bar. I have been READING READING READING. She has to have Probable Cause in order to charge my husband with a Criminal Mischief in the First Degree she had none.

I will finish in the next couple of post.

GFIW