上位 200 件のコメント表示する 500

[–]jollyrog3r88 5530 ポイント5531 ポイント  (85子コメント)

I have a brief encounter (personal injury prospect):

Old lady slipped & fell on an icy driveway which was not salted or maintained, so she wanted to sue for damages.

After hearing the story, turns out the lady fell on her own driveway which she did not salt / maintain. She was wanting to sue herself.

[–]scruit 4965 ポイント4966 ポイント  (115子コメント)

I was in the public gallery for this while studying Law. I was not the lawyer. Leeds Crown Court back in the early 90's.

75yo foreign (yes, this IS important) man was facing a preliminary hearing at relating to charges that he had sexually touched a 13yo relative. His barrister made a successful plea for bail based upon this man being an established pillar of the immigrant community, and the judge asked the old man if he had anything to say before he was bailed until the next hearing in a month.

He made two comments:

1) "She was wearing very, very tight shorts and I should not be held responsible because no real man could resist see something like that."

  • The judge reminded his this was a preliminary hearing not a trial so he should wait until the trial to argue his case, especially statements that are far from exculpatory and are better suited to mitigation.

2) "I cannot re-appear in a month because I am flying back to my home country tomorrow and will not be coming back."

  • The barrister appeared to be just as surprised as the rest of us. The judge ordered the defendant's passport seized and he was remanded in custody until his trial.

[–]Farmer771122 3982 ポイント3983 ポイント  (26子コメント)

jesus christ. "Do you have anything you want to add before I let you go?" "Yes, I deserve to be found guilty, and would like to be denied bail."

[–]Tufflaw 2112 ポイント2113 ポイント  (98子コメント)

Several years ago I was doing a civil trial (personal injury), defending a woman who (allegedly) hit a bus matron with her car.

We had offered to concede liability and just try damages (in other words, the jury wouldn't hear the circumstances of how the injury happened, just that we agreed my client caused the injury, and they would only decide the amount of damages - we had evidence that the plaintiff was significantly exaggerating her injuries). The plaintiff's attorney refused to agree to our concession, thinking that if they jury heard the circumstances they'd want to give even more money to punish my client.

So we went to trial on liability. The plaintiff called one witness, her client, who testified that an older woman in a green car hit her. They rested and I moved for a dismissal for failure to prove a case. There was literally no evidence connecting my client to this incident, just an older woman in a green car. The plaintiff never bothered to call my client to the stand.

The attorney told the judge that the bus driver had written down my client's license plate and gave it to the police. They never bothered trying to find the bus driver. The attorney asked if she could just put the police report in and I objected that it was hearsay.

The attorney then actually said "please just let me put this in, I haven't had work in a while and I got retained by a firm to try this case, I really need to win this." Of course I didn't agree, and the judge dismissed the case. I felt a little bad for her but that was maybe the worse presentation of a case I ever saw.

I spoke with the jury afterwards and they all said they hated the plaintiff, didn't believe a word she said, and likely would have found in my favor anyway.

Moral of the story, BE PREPARED IN COURT.

[–]moronicuniform 917 ポイント918 ポイント  (61子コメント)

Wait, so she took the hard way, didn't do ANY of the legwork she needed to prove the case, and resorted to begging? IN COURT???

[–]Tufflaw 450 ポイント451 ポイント  (46子コメント)

Yup. And since it was a civil and not a criminal case, she could have simply just CALLED MY CLIENT as her own witness and she would have admitted it was her driving the car!

[–]mothstuckinabath 9415 ポイント9416 ポイント  (335子コメント)

Traffic court, speeding ticket. "Your honor, I didn't speed, and I can prove it with logic."

Judge: "Okayyy..."

Lady: "I drive a Prius."

Judge: "....?"

Lady: "That proves I'm responsible. Specifically in the realm of cars. So I obviously wouldn't speed."

She had to pay the ticket.

[–]RobertAPetersen 5938 ポイント5939 ポイント  (283子コメント)

She should have argued the Prius lacks enough power to speed, even if one wanted to.

[–]4675636B596F75 3269 ポイント3270 ポイント  (187子コメント)

I have a family member who used that defense once. They clocked him going like 80 or something, but his shitty truck can't physically go that fast.

[–]Another_Random_User 3350 ポイント3351 ポイント  (100子コメント)

I did once have a police officer argue that I was travelling over 115mph in a car that had a governor at 107... I threw my keys on the desk and told him to prove it.

I wasn't the brightest kid, but I didn't go to jail that day.

[–]JALKHRL 2038 ポイント2039 ポイント  (55子コメント)

They gave me a ticket for going at 100mph in a very old, barely running car. I went to Court, and when they told me what was my excuse, I told the judge none, I just want you to give me a written statement that my car was in fact caught running at 100 miles per hour in that road, with no hurricane winds, or external forces of any sort. He looked at me, smiled, and asked me about the car. A 30 yo 4 cylinder crapmobile, your Honor. I showed him the pictures, and point at my car outside the building. He looked at the secretary, and told me I won't have a special model of that car with a certified top speed, and dismissed the ticket.

[–]spockspeare 907 ポイント908 ポイント  (10子コメント)

So...he was avoiding helping you commit a fraud when you sell the car along with a judge's signature on the statement of its top speed?

[–]lemayo 1427 ポイント1428 ポイント  (40子コメント)

Not a lawyer, but I was in traffic court and a cab driver had got a ticket for running a red. He argued that it was really difficult to see because the sun was rising (morning) right where the light was. He was traveling west.

[–]theboddha 762 ポイント763 ポイント  (23子コメント)

That sounds like a Phoenix Wright attorney case.

[–]Peap9326 349 ポイント350 ポイント  (11子コメント)

"HOLD IT!"

Slams hands on desk

"How could the sun be in your eyes if you were traveling west?"

[–]half_diminished 1705 ポイント1706 ポイント  (49子コメント)

Actual lawyer. What I dub the "Surprise Party Defense:"

In a hearing for an order of protection in which ex wife is trying to get an order of protection against ex husband who had been stalking her. They have a high-school aged child together. Ex husband tries to argue against the order of protection by saying they may need to be able to communicate about the child. The judge points out that they can communicate THROUGH the child, and also that other family members have been put in place by the juvenile court to be intermediaries re pickup, drop-off, etc.

Then ex husband has a brilliant light-bulb idea:

"Judge, what if I need to throw my son a surprise party, and I need to keep it secret from everyone, but his mom still needs to know so she doesn't throw a party the same day?"

In other-words, while I admit have been stalking my ex wife and that there are grounds to grant an order of protection, you should not grant that order just in case I need to throw a surprise party one day.

What made it was how clever he thought the argument was. Thus was born, the Surprise Party Defense.

EDIT: A lot of you are upset about the comment of communicating through the child. That was probably a poor way to phrase it. In this situation the father would be barred from passing messages to the mother through the child. He can't say, "Tell your mom X" But, of course, some indirect communication is going to occur, and that is what the judge was referring to. In other words, the father cannot argue that he needs to be able to have direct communication with the mother for purposes of coordinating child care, things like that (which is often the issue). Because the child in this case is old enough to tell both parents for example, about school, friends, trips, grades, etc. It is not as if the judge ordered the child to be the intermediary, that is ridiculous.

Also, I sort of simplified the complexities of it because these people's parental arrangement was not the point. The dumbness of the argument was the point. But this is a criminal judge determining an order of protection. There is a whole separate juvenile/family court judge that actually determines the custody arrangement and things of that nature.

The bottom line is, the guy was trying to use the kid as an excuse to avoid an order of protection so he could continue to stalk and harrass his ex wife.

[–]Kgeezi 734 ポイント735 ポイント  (10子コメント)

Lawyer.

I was waiting in court one day for a hearing while a Judge was listening to a defamation case between co-workers in small claims court. Neither the plaintiff or the defendant was represented by an attorney. The plaintiff had sued the defendant over defamation at their job.

The plaintiff said the two were co-workers at the same company and one night the defendant told their mutual boss that the plaintiff was sleeping on the job.

Since it was small claims court it was fairly informal so the Judge looks over at the defendant and says "Did you tell your boss she was sleeping on the job?" The defendant says "Yes, I did." The Judge asked her why she told the boss that and she says "Because our boss asked where she was and it didn't matter, we're allowed to sleep on the job." The Judge looked at her sort of strangely and said "You're allowed to sleep on the job?" And the defendant says "Yes, there are 4 people who work our shift, but only 3 areas that need to be covered. So we rotate on hour shifts between the areas and there's always one person who isn't covering one of the 3 areas and that person is allowed to sleep in the back room if they want."

The Judge then looks over at the plaintiff and says "Is that true? Are you allowed to sleep on the job?" The plaintiff says "yes, that's true, but we used to be good friends and then she went and ran her mouth and she shouldn't have done that." The Judge sort of ignores her and says "if you're allowed to sleep on the job, then I'm presuming you didn't get in trouble for sleeping on the job?" The plaintiff says "No, I didn't get into any trouble because I was allowed to be sleeping."

The Judge then spent a few minutes explaining to her that the truth is a defense to defamation and that it sounds like the plaintiff told the truth, that even if that weren't the case she had no damages because she didn't get into any sort of trouble since they were allowed to sleep on the job, and to try and keep that job as long as possible and get along well with her co-workers since they were all apparently paid to sleep on the job at various points.

[–]Rosebudteg 123 ポイント124 ポイント  (0子コメント)

... So, can I just mail my resume to you to give to them or is there another address I should send it to?

[–]mgunter 15.0k ポイント15.0k ポイント  (578子コメント)

Former assistant state attorney/prosecutor here.

This defendant is called up for arraignment and the judge is telling him that he's been charged with theft for stealing a roll of scratch off tickets from a gas station. The judge informs the defendant that since the value of the tickets was over $300 therefore it's a felony rather than a misdemeanor.

The defendant says to the judge "but your honor, to be fair the tickets were all losers" implying it's not theft at all.

I was amazed at the ingeniusness yet futility of the argument.

[–]monty845 4956 ポイント4957 ポイント  (104子コメント)

I bet most prosecutors are amused when a defendant makes clearly incriminating statements during arraignment.

[–]hbab712 1555 ポイント1556 ポイント  (80子コメント)

Most around here will tell the defendant to stop talking. I've seen that more than a few times.

[–]fedupwithpeople 2814 ポイント2815 ポイント  (270子コメント)

An entire roll of losers? I'm sure it's possible, but highly improbable... Most scratchoffs have a 1:4 or 1:5 chance of winning something, even if it's $1.

If there were 300 consecutive losing tickets in that roll, I'd also be looking the direction of the state's lottery commission.

EDIT: RIP my inbox

I wasn't implying anything was rigged. -___-

[–]AluminiumCucumbers 1421 ポイント1422 ポイント  (193子コメント)

I saw someone get a twelve pack of scratch and wins for Christmas, they were all losers. Best Christmas ever

[–]TheBlueBubbles 2009 ポイント2010 ポイント  (148子コメント)

I have an aunt who buys everyone scratch offs for Christmas when we have our big family get together on Christmas Eve. The year before last there were a few $2.00 winners, one $20 winner, and my $1,000 winner. Everyone got mad at me. Didn't even care.

[–]JustDaley 1399 ポイント1400 ポイント  (130子コメント)

It's sad that they were mad at you instead of excited for you.

[–]TheBlueBubbles 2259 ポイント2260 ポイント  (123子コメント)

I exaggerated when I said they were ALL mad at me. The aunt who bought me the ticket was happy I won. My cousins and some other people were pretty shitty about it. The worst was my cousin, the daughter of the aunt who bought the tickets, who basically said I was stealing her mom's money by not giving the ticket back to her, because she clearly didn't mean to give me a $1,000 Christmas present.

Edit: I forgot to mention this past Christmas when I got my ticket I scratched it off and didn't win anything, but I stuck it in my pocket and whenever anyone asked me if I won again I would give them a shit-eating grin and giggle and say no. Everyone kept begging to see my ticket but I refused. This pissed my cousin off more than the previous year, I think.

[–]JustDaley 920 ポイント921 ポイント  (65子コメント)

I never understood this blind jealousy/envy or whatever it is. Even if it was a long time a go congrats on winning such a nice gift! My family are all similar to that one cousin when it comes down to money. It's a shame.

[–]_Rand_ 473 ポイント474 ポイント  (46子コメント)

My uncle is like that.

First of all, he gets crazy jealous if you get anything free, win a little money? He gets pissy. My parents once won a little under $10k, he was pissy for like a year.

Second of all, he HAS to have have what you get. My parents built a deck, he built a deck, they bought a new couch? He bought a new couch (from the same store even.) shit like that, he mostly does it with my parents, but does it with other family as well.

[–]SouthlandMax 866 ポイント867 ポイント  (21子コメント)

You guys should rent a brand new sports car for a few days. Tell him you bought it and see what he does.

[–]fist_my_japs_eye_Sir 132 ポイント133 ポイント  (4子コメント)

My mother did that. She got In a small crash but the car needed to be fixed so she got a temporary one from the insurance. Neigbour had a new car the next week. My mothers car was back not long after.

[–]eh_politico 332 ポイント333 ポイント  (27子コメント)

the lotto in my province does "gift tags", a $5 pack of 10 scratch-offs that also double as gift tags. at least 1 will win.

[–]SuntoryBoss 9316 ポイント9317 ポイント  (782子コメント)

Not so much ridiculous as ghastly, but - a man accused of raping his own daughter saying he couldn't have done so because he had a nine inch cock, and it would have caused her damage. And that the physical signs of sexual activity that she did exhibit were because she'd been screwing the family dog.

I don't do criminal law any more, that was enough for me.

Edit: Lots of people asking what happened, should probably have put that in here originally. I'd left the firm by the time it actually got to trial, but was kept in the loop about the case by friends still there. He was found guilty and went off to prison.

[–]AgentKnitter 5244 ポイント5245 ポイント  (412子コメント)

Yeah, dealing with really hardcore pedos is the worst part of the crim law job. My first job involved giving prison advice to a rural prison where 75% of inmates were child sex offenders. (it's a medium security protection prison.) I developed a really good poker face listening to people who had been sentenced in the last 3-6 months complain that they shouldn't have been found guilty because they were "led on" by their 6-10 year old victim.... Revolting.

[–]ItsEaster 530 ポイント531 ポイント  (3子コメント)

I had a law class where we talked with cops that dealt with these people. They said the best way to get one to confess is to tell them you understand. I remember one story where he told the guy that he agreed that the child was asking for it. He said a lot of these people are suckers for empathy because everyone is obviously disgusted by them.

[–]TurboChewy 643 ポイント644 ポイント  (169子コメント)

Is there any worry that surrounding these child molesters with other like people will create a bit of an echo chamber making them think they really did nothing wrong? The result being when they're released, they might be more prone to attacking someone than before?

Edit: The reason I diffrentiate this from other criminals is that robbers/murderers/etc know that what they've done is wrong. They did something to another person for personal gain, and that's why they're in jail. The problem here is that many child sex offenders try to convince themselves that they've done nothing wrong to reconcile their impulses with logic. I worry not about them teaching how to get away with it, but teaching that it's okay to do things like that.

[–]Tera_GX 159 ポイント160 ポイント  (90子コメント)

My understanding is that this is done because sending them to normal prisons puts them at greater risk of being killed by other inmates. Power-flaunting inmates will ask any new guys for their papers on what got them in, and anyone hiding their reason is suspected of being a pedo. It is then easy to rally other inmates to gang up on the pedophile. Thus when overcrowding is not a problem, pedos go to a prison holding fewer violent criminals.

The goal is to get these people to be able to safely function in normal society. Having that end in murder is more problematic of possible scenarios. But that echo chamber effect is also a problem against best interests.

I would hope that prison systems in other countries have a better handling of this.

[–]Taz666 3447 ポイント3448 ポイント  (127子コメント)

Former Correctional Officer here,

I once sat in on a much similar case where a man was accused of having sex with his teenage daughter. The defendants main defense was that the daughter was lying to get him in trouble, and he could prove she was lying because he had a very distinct tattoo on his penis, and she couldn't describe it.

The daughter was on the stand testifying and the defense attorney started down that line of questioning and the daughter flat out said "No I can't describe it, because I never saw it, because every time he had his dick out he was putting it inside of me."

Jury took about 10 minutes to convict

EDIT: To clear things up a bit, this line was not the only one used to convict. There were other witness statements and reports that were used.

[–]bloodyheart15 776 ポイント777 ポイント  (67子コメント)

But did he actually have a tattoo on his dick? I didn't even think that was possible

[–]Taz666 1591 ポイント1592 ポイント  (46子コメント)

He did... it was his initials, and the only reason I know that is because he had been brought into our jail numerous times throughout my time there and he would often make that stupid joke that goes "it's my initials now but when I get hard it spells out my whole name."

Pretty sure he did the tattoo himself with an ink pen and a paperclip, or whatever you jailhouse kids use these days. Guy was a Grade-A douchebag, and I was very happy to see him get a hefty prison sentence.

[–]GirlwiththeGolfClubs 530 ポイント531 ポイント  (7子コメント)

Now I understand two-martini lunches. Although I think this occasion calls for a whole bottle of scotch.

[–]919Esq 1485 ポイント1486 ポイント  (101子コメント)

Had a buddy in Florida try a case where the Defendant got his 12 year old daughter pregnant. They had a 99.99% DNA match on the aborted fetus (terrible, I know). His argument was that she had "just sat on his lap." Watching my buddy sweat his way through that trial was tough. We both quit appointed defense within the year, and are private now. I'd say now I have 2-3 bad ones a year, instead of per day. Now I represent 16-30 year olds on drug cases/DWI 80% of the time. Much easier client base.

Edit- forgot to mention, the guy was convicted, and was sentenced to life. He was a re-offender anyways, so PRR in Florida kicked in (prison releasee reoffender law), and this was a potential life sentence case anyways, so he was maxed out. Don't know if that makes anyone feel better, but it is what happened in the end.

[–]c-dupin 367 ポイント368 ポイント  (12子コメント)

This came in a deposition, but it's still one of my funniest stories from this old job.

I worked part-time as a paralegal when I was in college. We had this massive case with a lot of people involved that had spun out into a bunch of little side cases. In one of those side cases, this guy was claiming our client had left him threatening voicemails related to the main case, and him and his wife sued for loss of consortium. Loss of consortium, and I swear to you this is a real thing, basically means something happened that is stopping a married couple from having sex, and they want to sue you over it. The guy was claiming that he was so scared from these voicemails that he couldn't sleep with his wife anymore.

Deposition time rolls around, and I'm sitting in the other room, but it's a small office and I can hear everything. My boss starts asking the wife how we're supposed to know that it was our client's fault they stopped having sex. Maybe she's just not as attracted to him anymore. Maybe he's not attracted to her. Maybe they didn't have that much of a sex life to begin with, etc. So this woman starts yelling "I love sex!" and banging her fists on the table. Her lawyers try to calm her down and tell her to stop talking, but she keeps on shouting "I love sex! We used to have sex 2, 3 times a day! We'd be thrown out of hotels because of the noise we'd make!" And to the protestation of everyone in the room, her counsel and ours, she proceeded to describe their sexual history in graphic detail, all of which was recorded in the deposition and filed with the court.

[–]MellybeansandBacon 154 ポイント155 ポイント  (0子コメント)

To be fair, loss of consortium makes a lot of sense when your marriage is falling apart after one spouse is catastrophically injured in an accident.

[–]bunabhucan 3454 ポイント3455 ポイント  (123子コメント)

This never made it to court.

I asked my divorce lawyer what was the worst thing a client had asked him to argue. I was expecting a "I want the salad spinner!" sort of story.

He had a client, a professor in his 70s who was divorcing from his wife, also a professor in her 70s. They were both Jewish. His wife had a tattoo on her arm. It was a number, put there by the Nazis when they put her in a concentration camp in WW2 as a child. Husband was born in the US, was not German. The German government was in the process of settling a case with the survivors. She had some amount of money, a six figure sum, due to her. The husband wanted his lawyer to argue that he should get half the settlement money.

Lawyer told him that there was a special circle in hell for lawyers who ask for stuff like that and that he was not planning on ending up there.

[–]d0mr448 684 ポイント685 ポイント  (33子コメント)

I'm not a lawyer, and I think arguing over this kind of money is despicable, but I wouldn't be surprised if it was perfectly acceptable in Germany, where I live. Our laws are somewhat different, but the whole "half of everything gained during the marriage" thing is still alive and kicking around here. Maybe one could argue that the settlement money was actually "gained" prior to the marriage, when she survived the holocaust, not when the money was issued during the marriage?

[–]dmikalova 634 ポイント635 ポイント  (20子コメント)

It's pretty strong in the US too - the lawyer wasn't saying that they wouldn't be able to win it, just that they themselves would not make that argument on behalf of a client for personal reasons.

[–]MakoSector7 2827 ポイント2828 ポイント  (155子コメント)

Prosecutor here. Had a case where a man raped his 6 year old daughter because she wore "suggestive" clothing and seemed to be asking for it. He tried to argue that "you know, girls are just sexually active at a younger age now."

I remember thinking...what would Dexter do??

Anyway, man got convicted and is now serving two life sentences plus one hundred years.

[–]burkilla 9370 ポイント9371 ポイント  (413子コメント)

I am a lawyer. Had a female inmate claim she was molested by one of the guards. One of her most damning pieces of testimony was testifying to this large vertical scar he had on his chest from a heart operation. She continued to say that she remembered this huge scar from when he molested her... The guard got on the stand, took his shirt off, and he had a tinyyyyy horizontal scar up on his shoulder. Case over. He had apparently told her one time that he had surgery, and she assumed it would've left his giant scar and used that to make up her story.

Edit: to clarify, I was a new clerk for the judge when the trial started, I don't know exactly why this didn't come out in discovery. My guess: plaintiff's counsel were two years out of law school, appointed to the case, had only done corporate law, and were from a monster NYC firm, so probably didn't give it any time. As for the defense, either the dept of corrections wanted to publicly humiliate the inmate (people make a lot of dumb decisions based on a "screw you" mentality), or defense counsel wanted to get that trial money.

[–]Dotlinefever 3553 ポイント3554 ポイント  (138子コメント)

There was a case in georgia a while back where a kid claimed a teacher molested her.

During the trial, somehow testimony involving something the kid said about the shape her breast came up.

Turned out the teacher had had a double mastectomy. The kid was describing breasts that didn't exist.

[–]clouddevourer 2037 ポイント2038 ポイント  (130子コメント)

Now I'm curious, if the scar actually looked as she described, would that be considered a good argument?

[–]dingoperson2 2330 ポイント2331 ポイント  (120子コメント)

A fairly strong piece of evidence, but it would need to work together with opportunity (their time/location allowed it) and no other explanations (e.g. he had a picture of it hanging visible).

Would be very strong if it was on genitals, e.g. location of a mole.

[–]firsttime_longtime 2025 ポイント2026 ポイント  (98子コメント)

Let 's just say if they're putting an incision in your genitals for a heart procedure, you probably wanna find yourself a new doctor.

EDIT: apparently a man's heart is best accessed through his junk. Proof that you do learn something new everyday..... This explains so much about me.

[–]Le0nTheProfessional 967 ポイント968 ポイント  (29子コメント)

The quickest way to a man's heart is through his genitals

[–]DestroyerofworldsETC 509 ポイント510 ポイント  (30子コメント)

Actually a lot of ablations are done by snaking catheters up to your heart from the arteries just above your genitals, in your groin.

So, the more you know! :D

[–]bootcampcpl 1040 ポイント1041 ポイント  (61子コメント)

I work in a jail now, and one thing the training video shows us is to not even give inmates the tiniest piece of information because they can use it against you

[–]Insert_Gnome_Here 251 ポイント252 ポイント  (2子コメント)

I suppose that's a testament to the progress made by keyhole surgery.

[–]Elyssian 4518 ポイント4519 ポイント  (113子コメント)

Also a lawyer. Had opposing counsel try to argue that because a landlady had written on her eviction notice "it has been a pleasure getting to know you but...[please leave]" but had testified they were awful tenants that she hated, that she was dishonest and nothing she said could be trusted

Opened the question of dishonesty wide open. Although landlady wasn't an angel, tenants had an enormous string of fraud priors we could tell the court about as a result.

Edit because of confusion around impeachability doors: this is UK law and relates to gateways for admissibility of bad character evidence

[–]papereverywhere 1872 ポイント1873 ポイント  (90子コメント)

I have a trial coming up where it appears the Defendant has forged documents. As in I am 100% sure of this. Said Defendant is going to get on the witness stand to authenticate these forged documents (because nobody else can and they are key to her defense) and this will allow the impeachment of her testimony with her past criminal history which includes convictions and guilty pleas for fraud and forgery. Very curious as to how this plays out...

[–]OblivionGuardsman 2287 ポイント2288 ポイント  (80子コメント)

I'm an attorney. I was in private practice for years and am a forcible felony public defender now. Hold your boos please. About a dozen times a year I get a client who wants to allege posse comitatus, sovereign state, living man argument in court. When I refuse to file their frivolous kook motions they file them pro se and demand to argue them to the judge. They are all ridiculous. I tell them to provide me a case or jurisdiction the argument has ever worked and to be pragmatic about it regardless of the merit to it. Reasoning with them only works about 10% of the time.

Dumbest specific argument I can recall was a defense in a murder trial where they alleged the victim was trying to commit suicide by gay rape. Basically wanted to die and wanted to incite this "straight" friend of his to kill him by trying to rape him. (They had agreed to mutual oral but defendant said victim was going for anal.) I wasnt involved but I spoke to the blood spatter expert for the police about it one day and his quote was, "who brings a shotgun to a blowjob?"

[–]brisketandbeans 783 ポイント784 ポイント  (2子コメント)

"Who brings a shotgun to a blowjob" has to be the best line in this thread! Thanks for posting!

[–]Pariahdog119 975 ポイント976 ポイント  (30子コメント)

I ... am a forcible felony public defender now. Hold your boos please.

Public defenders deserve a lot more credit than they get. Personally, I think you guys should be funded at the same rate as prosecutors.

[–]Logvin 10.6k ポイント10.6k ポイント  (341子コメント)

Made a left turn on a green turn arrow, a city bus ran a red and T-Boned me. My car was a little VW rabbit so it just scooted me and I was perfectly fine. Driver pulls over, comes out and says "the sun was in my eyes." I say "I'm not hurt, thanks for asking".

Police arrive, and guess what? There was a literal bus load full of witnesses. Every one had the same story... She ran a red.

City paid for my car, etc. She denied wrongdoing and went to court, which I had to attend along with a witness or two and the officer. Her defense? She had a migraine.

Judge: so I should let you off the hook because you had a bad headache and was driving into the sun?

Driver: Yes, your honor I'm glad you understand.

She got her commercial vehicle license revoked. Should have just taken the points.

[–]notmydirtyaccount 3153 ポイント3154 ポイント  (260子コメント)

How does a VW Rabbit get T-boned by a bus and you come out fine?

[–]Logvin 6299 ポイント6300 ポイント  (185子コメント)

It was crazy. It kind of picked my car up and scooted it like 20ft. Didn't bend the frame, only dented in the passenger side a bit. I had a plate of cookies on my passenger seat covered on plastic wrap that fell on the floor. Ate em while I waited for the cops.

[–]jamesp_white 1589 ポイント1590 ポイント  (25子コメント)

I'm hungry and getting kinda jealous about the cookies

[–]MC_AnselAdams 1837 ポイント1838 ポイント  (83子コメント)

You're lucky to be alive. That's insane.

[–]jackmanzo98 584 ポイント585 ポイント  (53子コメント)

Yeah, honestly. I was in a car accident of a similar type (t-boned by a guy who ran a red) and was in critical condition. I was in an SUV and the other car was a small sedan. Cant imagine how you can survive a bus vs any regular car.

[–]castor-and-Pollux 500 ポイント501 ポイント  (16子コメント)

Law student, former professors story:

Defendant busted for possession of narcotics, they were in the pocket of his leather jacket. He argues the search was illegal because with his buttery smooth leather jacket, there's no way the officer would have felt the drugs in his pocket during a pat down, so he shouldn't have reached in the pocket to find the drugs in the first place.

Judge asks if the jacket is the one he was currently wearing in court; it was. Judge asks to feel this jacket and the pockets. Defendant hands it to the bailiff. Judge finds more drugs in the pocket.

Needless to say, it didn't go well for him.

[–]Uncle_Erik 22.9k ポイント22.9k ポイント  (398子コメント)

I'm a lawyer. The most ridiculous argument I've seen was one I actually made!

One of my clients got busted cooking meth. This was a very clear cut case, they actually caught him in the middle of a cook. No way he was getting out of this one. Even worse, he was cooking at home and children were there. Yep, the DA loaded him up with felonies, there was no bail and he was being held in the county jail.

My client knew he was fucked. He had been planning to get married a few weeks after he got busted.

My client asks me if he can get released for 24 hours so he can still get married. I tell him that I'll ask, but that there's no way in fucking hell they'll let him out.

First, I ask the DA if they will allow it. Nope. They laugh.

So I file a motion with the court. Now, I knew the judge was a crusty old conservative family values kind of guy. Who also has a raging erection for drug crime. There was no law involved, but I put together an argument about the sanctity of marriage and how the state should encourage marriage at all times, and that sort of thing.

We have a hearing and I make the argument. The DA is totally opposed and calls it ridiculous.

And the judge grants it. The judge actually decided to allow my client out for 24 hours to get married. He had to surrender at the county jail at 8AM the next day and some other conditions, but, still, he was allowed out.

Everyone is stunned. Nobody can believe it.

The day of the wedding comes, my client gets out, gets married, then goes back to the jail. Everything went exactly like how it was supposed to, which is also pretty shocking.

[–]Trevski 5653 ポイント5654 ポイント  (92子コメント)

Thats... actually kind of nice. If you ignore the part about this being a person who uses their families' home as a meth lab.

[–]RockFourFour 3912 ポイント3913 ポイント  (61子コメント)

Nah, that's nice, too. A small, artisinal family business based in the home. How quaint!

[–]Sxl-Tryrannosaurus 1727 ポイント1728 ポイント  (28子コメント)

Non-GMO, farm to table, handcrafted meth now available in your area. Support your local businesses!

[–]varsil 1311 ポイント1312 ポイント  (67子コメント)

Fellow lawyer:

Sometimes it is surprising as hell who tries to run and who doesn't.

I had a guy who was a refugee from a seriously shitty war-torn country. Gets an impaired, where the consequence will be a fine and some time off the road. He fled home to avoid the punishment. I was like "WTF?"

[–]Doctor0000 1407 ポイント1408 ポイント  (33子コメント)

I had a friend, a Kurdish engineer escaped from Saddam's iraq so he could be a cabbie. One day he sees some shit and has to testify, it took hours to convince him that he wouldn't be tortured or executed. Had to be PTSD or something.

[–]abloblololo 171 ポイント172 ポイント  (14子コメント)

I don't think people who haven't lived under that kind of regime can ever fully understand what it's like. Watch this if you have 7 minutes

[–]USBrock 1724 ポイント1725 ポイント  (58子コメント)

I... I'm amazed he didn't run. Are you sure he didn't run? I feel like he would have ran.

[–]Raistlin719 1940 ポイント1941 ポイント  (143子コメント)

Wasn't the other lawyer, but his client. Took the stand in a retail theft trial. Claimed he didn't steal a couple salmon filets on purpose, he was just so flustered by a phone conversation with his girlfriend that he accidentally slipped them into the pockets of his jacket (in a part of the store the loss prevention officer called "shoplifter alley" because it's a blind spot for the cameras) and walked out without realizing it.

It's not like it was a candy bar or something small, it was two salmon filets! I asked him, "have you ever done that before?" Him: "No." Me: "Have you ever seen anyone, anywhere, ever put fish like that in their pocket in your entire life?" Him: ".....No."

Mercifully, the jury did not buy his ludicrous story and found him guilty.

[–]topasaurus 479 ポイント480 ポイント  (14子コメント)

Wouldn't be surprised if he said "Sure, that's how I defrost them at home. Who doesn't? Guess it was just habit.".

[–]mythrion 959 ポイント960 ポイント  (17子コメント)

Had a pro se litigant argue that she didn't owe the credit card company because Jesus.

The basic argument was that debt is a sin (or maybe not paying the debt was a sin). And Jesus died for all of our sins. Therefore Jesus died to pay off her debt. Brilliant.

[–]TomCollinsEsq 942 ポイント943 ポイント  (52子コメント)

Actual lawyer here, but this one comes from my time as a law student. As a 1L, they send you to go watch a day in a courtroom to see what it's really like. One of the things nobody tells you is how much talking goes on in courtrooms when motion hearings are going on rather than an outright trial. There's a noted buzz throughout the room, usually of attorneys speaking to their clients about how the process was going to go.

I happened upon a domestic violence hearing. When the poor victim took the stand, that buzzing stopped. You could hear a pin drop as she was sworn in and began testifying. Her attorney set the stage for the morning, and then asked her, "And then what happened?" The victim looked right at the judge and said, "I made him hit me, your honor." There was an audible gasp. The judge, probably overstepping his bounds a little here, intervened in the questioning to say to her, "Ma'am, forgive me, but I feel like this is an important point you need to know, dear: you can't make anyone hit you, and you didn't make him hit you." The woman, instead of consoled, looked completely baffled. She waited a few beats, and then finally said to the judge, "I'm pretty sure I did. I mean, I jumped on his back and hit him over the head with a frying pan, after all, your honor."

The entire courtroom burst into laughter, and the judge conceded that she had, in fact, made him hit her.

[–]MelGibsons_taint 2465 ポイント2466 ポイント  (83子コメント)

I'm a prosecutor now, but I used to have a private practice where I did a lot of evictions. My usual landlord clients wouldn't even come into my office until their tenants had been behind for months, and most of the time the tenants were defiant in their non-payment, so it wasn't difficult to not take pity on them.

Anyway, one tenant was a particularly dumb guy. He usually came to court dressed in a wife-beater and cutoff jeans. We had a trial date set and my client and I showed up. Tenant did not. At the last second before the judge entered a default, some woman comes bursting into the courtroom and yells, "Darryl's on the phone!" The judge allows her to bring the phone up and we put Tenant on speaker. He proceeds to ask the judge to delay the trial for one week because, "My brother got his head knocked inside out and is prolly gon' die."

I didn't buy it, but my client knew Darryl well enough to sense the stress and fear in his voice. I told the judge that we would allow the continuance, but only until the next available court day. The judge set it for one week out. I still didn't believe Darryl until that night my grandfather was in an accident and we had to rush to the hospital. As we're walking up the hallway, I see Darryl in a room with a bunch of people who dressed like him enough to obviously be family. When we get to my grandpa's room (he ended up being not as seriously injured as we originally feared), the first thing he says is, "You'll never guess what happened to the guy down the hall. Nurse told me his idiot brother dropped a tractor bucket on his head and opened it like a cracked egg. He's in a coma now."

I relayed the news to my client and she felt sorry enough for Darryl that we signed an agreement stating that he would clear out within 15 days and we would forgive all back rent owed.

[–]Berg426 3321 ポイント3322 ポイント  (118子コメント)

Not a lawyer but when my mom was killed by a drunk driver, we were filing a wrongful death suit. And the lawyer for the defense used my mom's cancer to say that she was going to die anyways so a wrongful death dispensation was not owed.

[–]Promist 879 ポイント880 ポイント  (23子コメント)

Several years ago I was junior counsel in a prosecution in which the State alleged the 30-year-old male accused sexually penetrated his 13-year-old foster daughter.

Part of the State case relied on SMS messages allegedly sent by this gentleman to the complainant. Some of them were pretty bad (I won't repeat them), but there were some which amounted to: 'Sorry, I thought you liked it when I did x.'

Defence counsel conceded that if he did send those messages, that it would have been very inappropriate. Later, during closing argument, defence counsel argued: 'Surely it would've been more appropriate if he wrote, "You have lovely breasts," or, "I want you to have my children."'

Uhh, to your 13-year-old foster child? While in the same house you share with your wife? You're right, that's way better

[–]PrivateEyesWatchingU 1862 ポイント1863 ポイント  (158子コメント)

I am a lawyer. Colleague argued that it wasn't animal cruelty to shoot a dog because the dog didn't suffer. This wasn't like a euthanasia situation, rather a robbery gone bad. The judge entertained it for a second and then came to her senses.

[–]Quackattackaggie 1241 ポイント1242 ポイント  (26子コメント)

Not in court but a conversation in my office:

It doesn't matter if you were sober or not. You jumped out of a third story window with a beer bottle and threw it at a cop. The jury is going to think you were drunk. Also, I think you were drunk.

[–]justcallmetarzan 821 ポイント822 ポイント  (48子コメント)

(Edit - actual Lawyer here.)

Hands down the most ridiculous argument I've ever heard was a Constitutionalist, pro se defendant trying to explain why the Court lacked jurisdiction over him.

I was prepared for the standard arguments about "freeman on the land," non-corporate natural person, admiralty court, etc... But this one was different. This particular defendant was part of a Jehovah's Witness compound and happened to be Marshallese-American (i.e. he was black).

After the Court patiently explained to him that it has jurisdiction over all persons in the county, the defendant promptly piped up that, under the Dred Scott decision, he wasn't a person and the Court had no jurisdiction.

[–]YouStupidFuckinHorse 228 ポイント229 ポイント  (1子コメント)

I would seriously like to think for all you actual lawyers, that moments like these make the law school worth it

[–]Zer0Summoner 12.5k ポイント12.5k ポイント  (396子コメント)

I am a lawyer. The state tried to argue that probable cause exists simply because there is a police report alleging the crime. "From the fact that a police officer filed this report it is a reasonable inference that the crime took place as described."

Good, allegations are self-proving now. Well, wrap up court then, I guess no need to hear any more motions to dismiss ever. I wonder why no other prosecutor in 240 years of jurisprudence ever thought of that before, 25 year old assistant district attorney who went to the worst law school in this state.

[–]TomB_of_Withywindle 3652 ポイント3653 ポイント  (253子コメント)

Sooooo I'm hoping that failed?

[–]Zer0Summoner 5511 ポイント5512 ポイント  (252子コメント)

Yes, it did. The police report in question was just a transcription of what the complainant told the police. No first hand observations, no admissions, no corroboration. Our argument was that, in sum, it constituted no more than an allegation, because it had no content that wasn't just "complainant said so." The ADA said what I said above, and the judge said to him, and I quote, "I think you may need to read [the case that describes the standard for a motion to dismiss] again." It doesn't sound like it if you're not used to court, but that is a sick judgeslam.

[–]DoctorWaluigiTime 2016 ポイント2017 ポイント  (118子コメント)

/r/judgeslams needs to be a thing.

EDIT: What the hay? Subreddit didn't exist when I posted this comment. I come back to a flooded inbox and also the subreddit is now banned? lol

EDIT 2: I didn't make it and I didn't get banned or anything. A true Reddit mystery is afoot.

[–]strayt3chman 718 ポイント719 ポイント  (26子コメント)

This was suggested as of 25 minutes ago. Now it's been banned as of 10 minutes ago. How did this get created and banned in 15 minutes?

[–]BDTexas 804 ポイント805 ポイント  (7子コメント)

Look up "benchslaps." The website Above the Law has a bunch.

Edit: link http://abovethelaw.com/benchslaps/

[–]trivial_sublime 385 ポイント386 ポイント  (11子コメント)

Lawyer here. During an order of protection hearing the 6'3" muscular tattooed idiot told the judge that my 5'1" female client deserved the black eye he gave her because she wouldn't stop running her mouth. He actually expected the judge to be sympathetic or something. The second he admitted to hitting her the judge cut him off and said "Order of Protection granted. Next case."

[–]losthunter27 601 ポイント602 ポイント  (15子コメント)

My parents are both lawyers.

Was in court with my dad when I was younger. Dad is throwing out objection after objection at the opposing counsel during cross examination. Judge is sustaining all of them. Several hours into this, the judge is getting restless and asks the opposing counsel to hurry it up.

Opposing counsel responds: "Well if Mr. Surname would stop objecting perhaps I could get through my examination."

Judge did not like this. She lays into the guy: "If you would stop asking objectable questions Mr. Surname wouldn't have to object! Hurry this I am not going to sit here all day."

Was pretty cool to watch as a kid. Dude got roasted. Dad won that trial.

[–]DBREEZE223 1080 ポイント1081 ポイント  (22子コメント)

Hah I have a story for this one. I'm not a lawyer nor could I talk at the time. During a custody battle between my grandparents and my mom and dad who were addicts. The judge asks why my parents should have custody, "well we are his parents" the judge says well you guys have substance abuse issues" "No we don't" "So you're not using anything?" "No we're both clean" "When is the last time you've used?" "A few days ago and we're done now" My grandparents won that day in court. This story has been told to me a few times by my grandfather.

[–]thoph 3567 ポイント3568 ポイント  (443子コメント)

Am a lawyer, but this happened a little prior to me starting my current job so this is second hand. A friend of mine is an AUSA and last year prosecuted several chiropractors for insurance fraud. Turns out, they were sovereign citizen types who insisted on representing themselves. At one point, a defendant got up to the lectern and started lecturing the federal judge that because there was fringe on the flag in the courtroom, the court was an admiralty court lacking jurisdiction over him. Bizarre. Later pled out and all are serving time.

Edit: Should also mention--because this got so much attention--that the chiropractor ring was also handing out literature to clients (all poor, mostly uneducated) about how the government could not tax them, etc. That to me was the worst part and also, I think, why they got actual jail time as opposed to just probation/restitution.

[–]Dafuzz 1398 ポイント1399 ポイント  (162子コメント)

How do these absurd beliefs propagate? Like was there a judge one time who went "you know what, he's right, court dismissed" and the legend grew?

That and the idea of sovereignty necessitates being able to self administer without outside influence, yet you acquiesed by showing up to their summons...

I don't get it.

[–]PinochetIsMyHero 1463 ポイント1464 ポイント  (67子コメント)

There is an industry of con men who teach classes on things like this, and charge people good money to tell them about such legal issues as fringes on flags, not creating joinder, and how taxes are voluntary and don't need to be paid if you don't want to pay them.

Irwin Schiff (father of Peter Schiff) was one of them. One of his students sued him for the false tax advice that got the student fined quite badly, and Schiff basically told the court that anyone who believed him was an idiot and deserved whatever happened to him.

[–]Bluy98888 514 ポイント515 ポイント  (33子コメント)

Did he win? Because that is a legitimate defense in dome situations. If someone flings themselves of a window after drinking a red bull the company is not liable

[–]WASPandNOTsorry 267 ポイント268 ポイント  (22子コメント)

Those people are fucking hilarious. "I DO NOT CONSENT TO BEING ARRESTED"... Err that's not how it works buddy.

[–]troubleswithterriers 1330 ポイント1331 ポイント  (102子コメント)

At a friends parents house one year for a holiday dinner. The mother happens to be a state Supreme Court Chief Justice. Sovereign citizen shows up and tries to arrest her... in the middle of dinner. While cops come to arrest him, he drops hundreds of pages of paper.

We had an evening reading the paper and realizing we need much better mental health care/civics education.

[–]MrJeebusJuice 327 ポイント328 ポイント  (69子コメント)

Why was he trying to arrest her?

[–]XxCloudSephiroth69xX 472 ポイント473 ポイント  (33子コメント)

It's a frequent tactic of the Sov. Cit. types. They'll attempt to "arrest" judges, prosecutors, cops, or other government officials and command them to appear in places with a bunch of nonsensical documents. They also like to file false liens for millions of billions of dollars against people who they feel have wronged them. It doesn't usually go well for them.

[–]nothingIputinworks 357 ポイント358 ポイント  (30子コメント)

Not op but a lot of them think our government is a false government and cite the fact that we don't follow the articles of confederation as proof.

[–]COMPUTER1313 499 ポイント500 ポイント  (19子コメント)

we don't follow the articles of confederation as proof

Somebody didn't get the memo about the first 13 states replacing that with a new legal framework.

[–]Headshothero 393 ポイント394 ポイント  (41子コメント)

Sovereign citizens.. everytime I read about them I fall down a deep deep YouTube rabbit hole.

[–]notedgarfigaro 208 ポイント209 ポイント  (12子コメント)

The last time I saw the sovereign citizen defense used in court, the person turned around and declared bankruptcy to stay the proceedings. So apparently the laws that govern foreclosures are null and void, but bankruptcy law is A OK!

[–]RobotReptar 1666 ポイント1667 ポイント  (64子コメント)

I wasn't a lawyer, but a law clerk working with the prosecutor's office. This guy was caught on the highest quality security cam video I've ever seen stabbing a store clerk like 15 times (she survived), and then was tackled a block away from the scene not 5 minutes later by a man who had see him flee and followed him, 25 feet from the knife and the jacket he'd been wearing that was covered in blood with a receipt with his name on it in the pocket.

It was the literal definition of a slam dunk case. The guy chose to proceed to trial without his lawyer instead of having the case postponed after his attorneys house was broken into and all his files were stolen.

This guys's main argument was that it wasn't him because in the statement of probable cause written by the officers after the incident they misspelled his highly unique lastname by adding a T in the middle (e.g. Johnson became Johnston). He spelled his name out at every opportunity with much emphasis. He also argued it couldn't be him because the man on the video tied a t-shirt around his head so that the distinctive tattoos there would be hidden, but he would never cover over his tattoos like that because he was proud of them and they represented his heritage as a Korean man.

The jury took less than a half hour to return a guilty verdict.

[–]Rackem_Willy 111 ポイント112 ポイント  (8子コメント)

In a child custody modification I once had the respondent site her arrest record as a defense against a claim my client had made. The arrest in question was for an aggravated assault charge in another state that we were not aware of.

Later the same woman refused to take a drug test because she had already paid her lawyer enough money, before basically fleeing the courthouse.

Needless to say the children now permanently reside with my client.

Edit: a word.

[–]granola_dad 215 ポイント216 ポイント  (1子コメント)

Longtime lurker, and maybe I'm only posting bc this happened like a week ago, but whatever. First time for everything :) The criminal defense attorney representing a guy who stabbed his wife several times and then beat her with a frying pan and then stabbed her again tried to argue that it is an affirmative defense to attempted murder if you take your victim to the hospital after. He claimed its impossible to attempt to murder somebody if you "save her life" after. He got benchslapped pretty hard (1) for the horrible legal argument and (2) for continuously saying this guy saved her life after he tried to kill her.

[–]bellend_bellend 804 ポイント805 ポイント  (64子コメント)

Not a lawyer but my uncle is. He had to defend a man accused of beastiality with a horse.

Defence was that his dick was too small to actually achieve climax in the horse's anus, ergo he didn't actually have sex with it. But I mean he was giving it enemas with washing-up liquid and even had a little stool to stand on when he was ready to go at it, so the defence didn't really work in his favour. Neither did the CCTV footage.

[–]inanimatecarbonrob 513 ポイント514 ポイント  (14子コメント)

Whenever I try to fuck a horse, I make sure there are no cameras around. I mean, this is pretty basic stuff here.

[–]chainedmayhem 271 ポイント272 ポイント  (19子コメント)

Fuck... They had to watch surveillance video of a guy trying to fuck a horse?

[–]BullsLawDan 97 ポイント98 ポイント  (0子コメント)

Oh geez where do I start. I mean I could tell plenty of these about my own clients but I like this one:

A lady has an injury/Comp case. It's for her upper back and of course complex regional pain syndrome.

She decides she needs the insurance company to pay for a special mattress for her. Like a $6000 memory foam, with heat and massage and a thousand other features. And not just a twin, she needs a California King because of course her layabout unemployed boyfriend needs to sleep there too.

We spend months litigating this damn thing. Finally, she buys it herself and my client agrees to give her $1500 just to be done with it. The judge takes myself and opposing counsel aside and says he's gonna motherfuck us if we ever say the word mattress in his court again after wasting all this time. It was that ridiculous.

Not three months go by and the case comes on for another hearing. After exhausting all the chiropractic care allowed under the law, her doctor was seeking a variance to get some additional chiropractic.

We get to court and I'm arguing it should be denied, etc. Judge turns to her and says, "ma'am, why do you feel you need more chiropractic care?"

She pauses for a minute then says, "I'm having a lot of trouble sleeping on my mattress."

I think I saw smoke coming out of his ears.

[–]Occams_ElectricRazor 92 ポイント93 ポイント  (2子コメント)

Not an attorney, but my grandfather told me a story about how he was in to court in the early 1950s to defend himself for a traffic violation. The police officer used evidence against him that he had been "rampaging all around town for the past few months," but the cop was such a nice guy he had been letting him go. My grandfather's response was, "Judge, I'm not sure about how much rampaging I've been doing, but it wasn't in your city. I've been helping to rebuild Germany for the past 18 months. I just got back in town on Friday."

[–]thebestatspaghettios 5582 ポイント5583 ポイント  (328子コメント)

Not a lawyer but was the child in a custody case between my parents. My mother's lawyer argued for and had put in the final agreement that I had to add my mother as a Facebook friend.

Edit: This was 7 years ago, we are still not friends on Facebook, and she's blocked on everything I have an account for.

[–]Ketameandreams 2131 ポイント2132 ポイント  (133子コメント)

Am also a child of divorced parents. The stupidity knows no bounds. Buckle up man and remember that they aren't you. Do you and let them do what is right for them

[–]GuiltySpark343i 1110 ポイント1111 ポイント  (125子コメント)

yup, my mom's lawyer screwed my dad out of a lot of things when the settlement went down. split items 50/50 more like 15/85 it seemed like.

[–]mikejudd90 1307 ポイント1308 ポイント  (90子コメント)

Sounds like my parents. My mother got the house, the car and the bank account. My dad got the kids and the computer. Rest of childhood spent in council housing below the poverty line whilst she lived in a 5 bedroom house with holidays etc. Sucks really.

[–]persianjude 937 ポイント938 ポイント  (42子コメント)

I just don't understand how a settlement like that can occur? Shouldn't the one keeping custody of the children be left with something greater? You kinda need a house to keep children in.

[–]mikejudd90 493 ポイント494 ポイント  (21子コメント)

You would think so.... It did not work out that way. There were something like 8 different cases and appeals when all was said and done. My mother constantly contested custody and with every hearing the judge further reduced her contact because of various factors. Every time she did not like it she appealed. I think some of it was my dad just getting tired of all the arguing and needing to go back and forth to court.

[–]MSgtGunny 166 ポイント167 ポイント  (3子コメント)

Did you dad get child support? Sounds like he should've.

[–]mikejudd90 123 ポイント124 ポイント  (0子コメント)

My brother ended up living down there so he was closer to his friends when we moved about 300 miles away. His choice so we respected it but my dad never pressed the child support issue since brother was down there. Only thing she contributed was half the ticket price for me to get a train there for a week a couple of times a year.

[–]Ketameandreams 334 ポイント335 ポイント  (20子コメント)

It rarely is one trip to the mediation table. And with kids and child support things can get really messy with visitation and money stuff. Things will find an equilibrium. When they first got divorced they wouldn't even be within earshot of eachother. Literally. Wouldn't be within like 100yards of each other. Time to switch visitation after the weekend? Alright little ketameandreams. Hold your little brothers hand now run across to the other side of the parking lot to your dad/mom. And tell him/her I want those school clothes back when you come back. So now you get to be the kid that wears the same clothes on monday as on Friday bc your parents are petty and childish. Also tell him my lawyer filed that stuff and he/she is gonna owe me big. Well you tell THEM something!!!!.. none of these are hyperbolic. Actual events. Repeated ad nauseam. You're obviously older than I was so try to rise above it. I was able to keep 90%of it from hitting my younger brother and that's a huge help to him today

[–]Majike03 410 ポイント411 ポイント  (112子コメント)

Did it say for how long? Could've recored yourself accepting then unfriended her immediately haha

[–]thebestatspaghettios 839 ポイント840 ポイント  (110子コメント)

Eh, I was 13 when this happened I told her fuck no and said I never signed a goddamn thing and no one was getting my password.

[–]daverod74 440 ポイント441 ポイント  (13子コメント)

Maybe your dad and his lawyer accepted it because they knew it didn't matter since it would ultimately be unenforceable...?

[–]Legalbegallove 1056 ポイント1057 ポイント  (53子コメント)

Car accident case where the Plaintiff was clearly trying to ham it up. Brought friends and family for back up and the stories were all inconsistent. Cried on the stand. It was a small accident and the Plaintiff wanted a lot of money for sprains. The attorney said "Yeah there are inconsistencies and crazy stories. But you don't believe the person who tells you the same thing every time. That is the person pulling the wool over your eyes." Um, no. Honest people are consistent. The attorney also had his client testify that no interpreters were used when they were and that there was confusion about a question regarding a prior accident when that question was never asked. Edit: Am a lawyer

[–]meghanbergeron 493 ポイント494 ポイント  (42子コメント)

I was at fault in an accident once with the other individual being someone like that. I was second at a stop light. Light turns green, we go. He slams his breaks and stops in the middle of the intersection. I rear end him, but was at a reasonable enough distance to hit my brakes and there was no real damage to either vehicle aside from minor scratches. I first get out of the car to make sure this other driver is ok. He steps out, hand on his neck, and, before I get a word out, says "Oh, it hurt, my neck. I need you write me a check." So I call 911 and we wait for the police. During our wait, another vehicle pulls up and a woman gets out and joins this man in his car. The third vehicle leaves. They told the police office that they had both been seriously injured in the collision. Thankfully, the officer was familiar with them and said he saw this all the time. He gave me a ticket for following too close but told me I should contest it for the purpose of insurance because he didn't believe there was anything wrong when they both declined an ambulance.

[–]ifeelfuzzyinside 89 ポイント90 ポイント  (12子コメント)

A lawyer basically tried to defend a molester by saying that the victim's breasts were too voluptuous and attractive, and that the accused would not have committed the crime if the victim was unattractive.

He even asked the accused to stand up in court so that everybody could get a view of her voluptuous her breasts are.

http://www.straitstimes.com/singapore/courts-crime/lawyer-who-focused-on-molest-victims-breast-size-rapped-by-judge

[–]tberriman 739 ポイント740 ポイント  (15子コメント)

Currently studying law. One of my tutors told me about a case he had while working for the state, where the defendant tried to claim that being an orphan had given him severe PTSD and mental illness and he was unfit to stand trial.

Unfortunately, he was on trial for murdering his parents, so it didn't really fly.

[–]TodayKindOfSucks 4414 ポイント4415 ポイント  (283子コメント)

Defendant pro se (without an attorney) pleading guilty to a minor drug charge after rejecting a plea deal where if she took a urine test every month for a year and passed each time, the charge would be dropped.

Judge: why didn't you take the offer the prosecutor initially gave you?

Defendant: my body my choice.

[–]Richard_Swinger_Esq 2719 ポイント2720 ポイント  (161子コメント)

Actual lawyer. This kind of thing is quite common. People who know they're not going to stop taking drugs refuse to sign up for programs even though those programs are designed to help. Addiction is a hell of a thing.

[–]monty845 1346 ポイント1347 ポイント  (125子コメント)

Its not just that, but those programs, and the probation that usually accompanies it, in the case of a non-compliant individual, can result in a harsher punishment than just taking jail at the outset. For those of us that have our shit at all together, getting probation instead of jail would in fact be great. Most of the typical terms of probation are something most adults could manage without too much trouble. But for someone who wont do what is necessary to comply, they end up in a cycle: Violate probation, get arrested, show up to court, get probation extended as punishment for violating, repeat. Eventually, either the person on probation or the judge gets sick of it, and they end up in jail for just as long as they would have been if they just skipped the whole probation thing.

[–]TomCollinsEsq 483 ポイント484 ポイント  (78子コメント)

I did some pro bono work assisting indigent defendants at probation violation hearings. Over a two year period, more than half of my clients pleaded no contest to the violation, even when they had good arguments, and specifically asked the judge to, as they put it, "go in." They all told me the same thing: jail is easier than walking your papers, and afterward, parole is easier than walking your papers.

[–]goatcoat 309 ポイント310 ポイント  (61子コメント)

What does "walking your papers" mean? Complying with the terms of probation?

[–]TomCollinsEsq 136 ポイント137 ポイント  (58子コメント)

Yup.

[–]Katastic_Voyage 242 ポイント243 ポイント  (57子コメント)

Which is hilarious when you realize it calls into question the entire validity of our aid programs when people would literally rather go to jail than take them.

[–]IONTOP 130 ポイント131 ポイント  (36子コメント)

1 month in jail vs 12 months on probation with a possible suspension of your 1 month sentence.

[–]Scaphismus 235 ポイント236 ポイント  (24子コメント)

This exact thing happened to my dumbass cousin.

One of the terms of his probation was that he had to stay in the state. But a lot of his friends live in a neighboring state. He didn't ever NEED to go over there, but he wanted to, and he's impulsive and stupid (which also explains how he got on probation in the first place).

I believe he was given 3 years of probation, but within a year he had been caught violating 3 times, and then spent 5 years in prison.

[–]latotokyo123 1150 ポイント1151 ポイント  (30子コメント)

Law student here. Not certified to legally represent a client, but was working as an associate to the prosecution, against some man charged of breaking in to a convenience store in the middle of the night. He tried to break through a trap door after sneaking onto the roof. Panicked after the alarm was triggered and shattered the front door.

His argument:

"I was hungry and the door was locked"

The prosecutor was clearly patronizing him at this point (and rightfully so) and was trying to comprehend what he just heard

"So you broke into a store from the roof at 2 in the morning, wearing a black beanie and carrying a medium sized sack because you were hungry?"

Let's just say he needed a better civil defense lawyer...

Edit: Criminal Defense Lawyer That's embarrassing...

[–]jellywx 1066 ポイント1067 ポイント  (68子コメント)

Slightly different but worth noting: I recall off a Rob Dyke video that there was a guy arrested for multiple rapes and the murder of a young woman. He was sentenced and in prison he injured himself to go to hospital. He then broke out, raped another woman and took a family hostage before being arrested again. He tried for parole and his claim followed the lines of this: Whilst the victim of the crime only has to suffer for a minute or an hour, the person who commits the crime has to suffer many many years exiled from society. He got rejected 18 times and died before the 19th.

Edit: corrected spelling from peroll to parole. many thanks.

Edit 2: corrected spelling from exciled to exiled. thanks again

[–]multiclefable 503 ポイント504 ポイント  (17子コメント)

Parole. That's crazy though. Not only is it silly, but does he really think that a rape survivor only suffers for the the time they're being raped? That they just clean up and go about the rest of their lives unchanged?

Anyway, I'm glad that there was justice for his victims. If rape is the first thing he does out of prison, he needed to stay in prison until death.

[–]Trailerparkqueen 2943 ポイント2944 ポイント  (200子コメント)

I had a former employee fired for rampant and blatant stealing. (She actually quit when presented with the evidence). She sued me for $10,000 for lost wages, since she couldn't find a job because she was scared I would bad mouth her if she put me down for a reference. She had also been turning tricks right from the office for extra cash.

[–]papereverywhere 14.2k ポイント14.2k ポイント  (459子コメント)

Ha! I'm a lawyer. I should win right there.

Anyway, we were in trial, and opposing counsel was objecting to a document I was trying to enter into evidence through one of their witnesses. The witness had identified it as one of their business records, but opposing counsel objects. Jury is in the courtroom, so the Judge has us approach. We do, and opposing counsel argues the authenticity of the document. I was a little surprised. So my response was "Your Honor this is their exhibit. Is Counsel stating they submitted in-authentic documents to this Court?" Judge turns to counsel, "Are you submitting non-authentic documents?" Opposing counsel stammers out a no and the document goes in. I was a little surprised they wanted to argue their own document wasn't authentic just to keep me from getting it to the jury.

[–]C2-H5-OH 752 ポイント753 ポイント  (68子コメント)

Probably an autopilot response from opposing counsel. Pretty funny

[–]papereverywhere 946 ポイント947 ポイント  (63子コメント)

I think she was pretty inexperienced. She had been practicing for a bit, but in larger firms it is hard to get trial experience. She stammered a lot during that trial.

[–]C2-H5-OH 715 ポイント716 ポイント  (56子コメント)

I hope it worked out for her. Forgot where I read it but I think it applies to her: good decisions come from wisdom. Wisdom comes from bad decisions

[–]Quiby 1546 ポイント1547 ポイント  (52子コメント)

This is good. You actually lawyered that guy...using his own words against him.

[–]Adverse_Yawn 378 ポイント379 ポイント  (24子コメント)

There's a case clock made in the 18th century that has been in my family for over a hundred years. The first born child normally inherits the clock. That is, until my grandparents had my uncle.

My uncle has been a fuck up since he was a teenager and always has relied on his parents to help him out - no matter his age. When he was in his late twenties, he flew to Taiwan and spent all of his money on stupid shit and needed to have my grandmother wire him money for a plane ticket. Or the time that he couldn't pay his mortgage on a house that he could never afford and also quit his job expecting my grandmother to pay for it. She gave him $20k in agreement that if he didn't repay her then he give up his "right" to inherit the clock.

Over the years he seemed to "forget" that the clock would never be his and had a friend appraise the clock with the appraisal calling it "(uncle's name) clock".

Uncle never repaid the money he borrowed. He pissed my grandmother off enough for her to write him out of the will for tangible personal property (aka items/the clock). He takes the executor of the estate (my dad) to court for the clock.

My dad just has his attorney represent him. Uncle wants to be allowed in the court room with his attorney but my dad's attorney says, "No, that's not fair since (my dad) isn't there." Judge agrees but uncle pouts about it and accepts.

The "trial" lasts no longer than 10 minutes. The will is evidence saying that uncle has no claim to the clock. Uncle's attorney submits the appraisal but my dad's attorney gets it thrown out because it's not proof of ownership and it was written by my uncle and his friend. Attorneys and judge agree that he has no claim to the clock.

My uncle is allowed in but wants to go on the record even though the case is settled. My dad's attorney rolls her eyes but agrees. He states that they were in court because he was supposed to inherit the clock but did not. Dad's attorney states that he has no legal claim to it. Uncle's words were, "Well, I suppose it was always just matter of ethics than legality." My dad's attorney, baffled, states, "Then what are we doing in court?!"

[–]Tsanker75 71 ポイント72 ポイント  (0子コメント)

An opposing attorney the other day said I should not cross-examine his witness at a preliminary hearing because it would only hone the witness's testifying skills to be cross-examined at trial. I laughed out loud.

[–]brony4lyfe33 1271 ポイント1272 ポイント  (113子コメント)

Not one myself, but my friend who's a lawyer told me this a few weeks ago.

Guy orders something like 50 subscription boxes from the same website, keeps all the orders then charges back on his credit card. Small company almost goes under from this, and his explanation was "Oh, I didn't know I had to return the 49 accidentally ordered boxes..". Keep in mind he ordered them all, kept them all then charged back the company.

Edit: For all the people asking, the company is here. If you want to support them, watchmonthly20 gives you 20% off.

[–]babno 1981 ポイント1982 ポイント  (56子コメント)

Not a lawyer cause they don't exist. I got a ticket for expired parking meter. Went in and contested it. The guy says "the parking authority took some pictures for evidence, how do you explain these?" The pictures included my car, my license plate, and the parking meter which clearly showed 13 minutes left on it.

[–]Crosswired2 566 ポイント567 ポイント  (19子コメント)

Bet that was the best feeling in the world.

[–]babno 694 ポイント695 ポイント  (18子コメント)

They still stole nearly 2 hours of my life for that bullshit though :(

[–]MarsupialBob 134 ポイント135 ポイント  (5子コメント)

Countersue for $2 in quarters; it's the only thing the parking authority understands.

[–]Mellonhead58 608 ポイント609 ポイント  (11子コメント)

My dad told me a story in which his opponent claimed that the surgeon general's 1964 warning was never released in the New York Times. He did this through use of a book and he claimed the headline was not in there and did not exist. My father spent the entirety of the next night looking for the book, found it, bought it, found the headline for which he was looking, and absolutely demolished the argument the next day by showing the headline to everyone.

[–]ottos-mops 131 ポイント132 ポイント  (4子コメント)

A guy on probation was arrested because he was late at night in a Park and seemed drunk. The judge asked him what he was doing there in the middle of the night and he answered "I was doing Yoga". He was obviously lying, the judge asked him to name a Yoga position and some lawyers behind him whispered a Position to him which caused the whole Court room to laugh. The judge then let him go.

[–]Quackattackaggie 340 ポイント341 ポイント  (17子コメント)

When I was clerking for a judge in my first year as a lawyer, we had a case that centered around if a person could lawfully shoot a dog that is attacking his chickens. The law said that he could shoot him if the dogs were "bothering or wounding" the chickens. Plaintiff was suing for the value of his dogs that were killed and emotional distress. His argument was that the dogs were not bothering or wounding the chickens because they were running away when the farmer came outside with the shotgun.

He then argues that wounding has to be active. So he gave an example. If the dog has a chicken in his mouth you can shoot. If he drops it but the chicken is floundering right in front of him you cannot shoot as the wounding has ended. Picks it back up? Shoot the mut. Lightly paws at it? Not wounding!

It was ridiculous and inconsistent with caselaw. I wrote the opinion awarding defendant summary judgment (here comes my favorite part). Plaintiff asks for a reconsideration based on a single word I used in a throwaway line in the 8 page opinion (I said it was reasonable to assume that the dogs were still a danger to the chickens).

During the reconsideration, the partner from the firm comes for plaintiff instead of joe schmo and says "frankly judge I have always thought you were the finest attorney in the region, so I'm shocked you got this so wrong. It's baffling to me." Judge didn't react but I was plenty offended on his behalf. So I am tasked with writing the reconsideration opinion. I wrote a two page summary of the hearing with no indication on the two pages which way we were leaning then pasted the original 8 pages but with the sentence about reasonableness omitted.

I wish I could have watched that lawyer read 3 pages deep to realize it was the exact same decision as before.

[–]PlutoniumPa 128 ポイント129 ポイント  (4子コメント)

There was this defendant that was running a Ponzi scheme with a story about going into depleted mines in South America with new technology to recover previously unrecoverable gold. He was actually using half of the money to buy gold bullion to dazzle investors, and pocketing the other half. When they arrested him, they found a shit-ton of gold under his bed.

At his sentencing hearing a few years later (around 2011), it was argued that his sentence should be significantly reduced because, in the intervening time, the gold that had been seized had greatly appreciated in market value such that the investor victims would be mostly paid back in full, showing that his "investment" was actually prudent.

[–]Kull_Story_Bro 128 ポイント129 ポイント  (4子コメント)

Not a lawyer but I once heard the worst argument of all time being made by this kid and his father to their attorney. It goes something like this:

I only drive this car while I'm at home and I have a different one at school. When you drive this car it accelerates much faster than you realize and you easily lose track of your speed.

No shit Sherlock, some cars are fast and we have this magical gauge that tells you your exact speed! Jesus Christ.

[–]queenofhearts90 1760 ポイント1761 ポイント  (104子コメント)

Of course I'm not a lawyer ~ was doing my journalism degree and was just watching cases all day for an assignment.

One guy was up on drug charges for distribution. He was selling weed. His lawyer tried to argue to the judge that weed never hurt anyone, and it even made it easier for police during domestic disturbance calls, and that, in fact, the police should be using his client to get weed to calm people down.

His client got something like 3 years in jail, and 5 years probation.