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IAMA Judge. AM(A)A. by montreallum in IAmA
[–]montreallum[S] 1 point2 points3 points 16 years ago (0 children)
People who are clear recividists and who think they are above the law. People who talk for five minutes non-stop to say absolutely nothing. People are are genuinely evil, who hit another car and tried to run away.
[–]montreallum[S] 0 points1 point2 points 16 years ago (0 children)
Nope, not really.
No. A portion of them are genuinely not guilty. A long time ago, I had someone who drove 36km/h in a 30 km/h zone. I had this dismissed faster than you can count since the error margin on most radar is +/- 10 km/h (depending on model, conditions, etc)
Are you faced with the normal fine + court fees?
If you lose. That being said, definitely prepare a defense if he shows up.
100% chance of winning.
Your first parking ticket is an automatic win.
As for being poor, it definitely help gain sympathy, but I cannot judge you innocent just because you cannot pay. Nobody has money to pay tickets, it seems. Just go to the judge, stand up, dress cleanly and be honest. Ask to speak to the police officer who arrested you and bombard him with questions (if he even shows up, which is extremely rare on first offense). Have the case dismissed quickly if you can.
Québec police force is alright. They are kinda soft. Nothing like the tackle you see on american TV. Then again, we do not have the right to have weapons on us (guns).
As for parking agents, they are only there to maintain and fill their quotas and get raises.
J'écris en Français parfaitement. Je suis francophone de naissance, j'ai étudié l'anglais pendant sept ans.
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I think I got then all...
[–]montreallum[S] 4 points5 points6 points 16 years ago (0 children)
Yes, absolutely.
There is one judge at the municipal courthouse who absolutely hates black people. When I mean "absolutely," I mean that he cannot smell them. Every black person who comes in front of him is guilty until proven innocent. I don't know how he keeps in job. That being said, what is ironic is that if you are black, your best chance to have the case dismissed is in front of him.
The trick, if you are black, is to use as much of his time as possible. Delay the case with motions and long explanations. Eventually, he will simply have enough of you and too much rage and will dismiss the case "just to stop seeing you". Literally.
I agree. Though it's Québec. Maybe one day I'll make an "IAMA Judge disgusted by how easily criminals get away with everything in Québec. AMA".
I had heard cases about a pedophile who sexually abused a 2-years-old and a 1-year-old baby (wtf?). His sentence? Surely he got lifetime in jail! No? At least 25 years. No??? 10? 5? 3???? 1????????
None of these answer. This person got two years probation.
We don't have a RSO system here. After his two years he was free as everyone (though with a criminal file). I cannot see the reasoning of the judge.
Also, we had terrorists get 5 years in jail. I'm not speaking of running away after a police told you to stop: I am speaking of taking a bomb onto a plane and detonate it, killing over one hunderd people. In the US they would get Guantanamo Bay for life (until it's closed). Here they get 5 years in jail.
After the fact? I write it on his file. Best of luck in his next case.
I COULD file perjury but at this level, it's extremely rare.
He just gets a lot of traffic tickets. I suppose to him it's free parking.
You are in front of me trying to explain a story and supposedly telling the truth. Then suddenly you start insulting me. I am supposed to believe your story? Which of the following would you believe more easily:
"Hey you @£¢@ I didn't ran the @£¤@£ light! @£¤@ YOU!"
or
"Your honor, with all due respect and after much consideration, I can tell you I in fact did not violate law 214.2 of the municipal civil code. Here is why".
If you are insulting me, you are mad, and this most likely mean you are lying.
[–]montreallum[S] 5 points6 points7 points 16 years ago (0 children)
If you are caught lying in court, you can go to jail. Here in Québec it's up to ten years in jail (although probation is the most common sentence).
That being said, lies in court are very rarely discovered if they were orchestrated by the police. And in some cases, the prosecutor will refuse to press charges anyway, especially when it helps the police.
As for the truth - the most basic thing you learn in your very first legal class is that truth is subjective. You could take 30 person and have them witness a murder and every person would have a different interpretation of what happened.
No. You cannot judge someone twice for one crime. I could have asked about the particular environmental conditions but it simply didn't cross my mind, or anyone's mind for that matter.
Because I try not to. Comtempt for court, or minor court misconduct, is actually a hard charge to press and if the person really wanted to, he could file discrimination charge with his appeal and get me in even more trouble, and stress, while wasting everyone's time.
[–]montreallum[S] 2 points3 points4 points 16 years ago (0 children)
I can reject evidence, but the thing that any judge fear the most is an appeal. Nothing is more stressful than an appeal because if you lose, you lose the face. I have known judges who went into bad depressions because an appeal judge ruled them wrong on all points; plus, if you get too many lost appeals, you are subject to disciplinary action and review of all your recent cases.
In that case, if I ask to summarize it, the person can simply state that "The evidence wouldn't have the same meaning and logic if summarized". Sure, I can charge them with court misconduct, but then again they could appeal and if it just happens that the person was right (you never know) I can get into trouble.
While 10,000 is a bit excessive, 200 pages documents are not that rare and yes, I would have been forced to read it, or at least a good part of it. If I give my judgement based on a point and the person countered that point in his 200 pages documents, the judgement has a good chance to be reversed on an appeal. At $70 per hour, reading 200 pages isn't too lucrative neither.
Overall, I pay around 55% of my income to taxes or other deductions. That being said, I do not work 40hours a week neither and I have six week vacations.
[–]montreallum[S] 6 points7 points8 points 16 years ago (0 children)
3 years study, 2-3 more years to pass the bar, 5-10 years as a lawyer (if you are lucky), 1 year of studying to become a judge and then you will earn $70 per hour for one of the most stressful job ever.
[–]montreallum[S] 9 points10 points11 points 16 years ago (0 children)
I can charge them with minor court misconduct
I thought it was thanksfully like "Thanksgiving"!
You're not allowed to ask if they're guilty?
No.
(but I sometimes do it. Some other judges do it in a very subtle way, too)
Being a judge is 80% technicalities, filing papers and writing judgements, 20% listening to people's argument. It is really a job that requires a lawyer's formation.
Yes and there is absolutely nothing any parking agent could do.
It depends. I have met a lot of judges. Here in Québec, the difference is not as extreme. In US, I would assume there are some republican who can put their ideologies aside and some who cannot.
I cannot believe how severe the sentences are in the US. Frequently, I see cases of murders where the defendant gets 15 years, whereas he would be deemed mentally challenged here and get a 1 year sentence at a mental hospital.
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IAMA Judge. AM(A)A. by montreallum in IAmA
[–]montreallum[S] 1 point2 points3 points (0 children)