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Zoning Violation - I am Innocent. (CRIMINAL LAW & PROCEDURE)

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• Fri, 16 Feb 2007 18:09:00 GMT(1)

• Quote:

  Originally Posted by bargainhunter

  What is the name of your state? OH
  Long story short. I have been charged for a second time w/ a zoning violation. (use) First time I was guilty, pled NG, represented myself...failed miserably and was found guilty. Appealed w/ an attorney and the judge upheld the guilty verdict. Judge ordered me "to become in compliance" and fined me. Began e-mail correspondence w/ Zoning Inspector almost immediately to see what I needed to do to become compliant. Zoning Inspector refused to answer questions or be cooperative. Despite her lack of cooperation, I relocated the business. 23 days after my initial e-mail to her and about a dozen e-mails from me to her later, she filed charges on me again. Unbeknownst to her, the business was in the process and had been moved.
  I don't know what to do. I do not have the money to get an attorney to represent me if I plead NG. I'm not guilty as I have an affidavit from the property owner that the business has moved to stating the date I moved it there. If I plead No Contest, I understand that it is an admission to the truth of facts when in fact the facts would be incorrect......I feel like this woman has trapped me.
  What do I do?

  In the future, try WRITING or CALLING or VISITING - some people don't use email for that sort of thing - and some people don't have time to walk someone through something like you are asking for.
• Fri, 16 Feb 2007 20:02:00 GMT(2)
• I would prefer to plead not guilty and have the whole case dismissed. I just don't know how to do it.
  Hiring an attorney would really cause a problem. Adjusted gross income on 1040 this year was minus 333...no kidding! I'm in financial trouble....many thanks to my local township for trying to put me out of business.
  As for the Zoning Inspector preferring my requests in writing or in person, we have over a year of history and it is not good. I cannot go to her office without a third party and it must be law enforcement and even then it is a problem. She has falsely accused me of becoming disruptive in her office one time and called the police to have me removed. When the police arrived, she admitted (as well as a witness) that it was not true. I was so upset that I left. The woman is deceitful and untrustworthy. All correspondence must be in writing so I can have proof. That is why I chose the e-mail route.
  I have provided the Judge with copies of our e-mail correspondence so that he can see I have tried to work with her, but I still believe he is obligated to follow procedure...is he not?
• Sat, 17 Feb 2007 09:03:00 GMT(3)
• Hey Moburkes...you gave me an idea....
  What if I ask the Judge before pleading that if I plead No Contest would he accept an Affidavit that I have to offer. If he says, yes...then I plead No Contest and take my chances.
  If the Judge says no, then I inform him that I wish to retain counsel before pleading but will not be able to afford one until July. (which is the truth because the business does not pick up until April, May, June).
  Do you think he would continue arrainment until July?
• Tue, 20 Feb 2007 07:47:00 GMT(4)

• Quote:

  Originally Posted by bargainhunter

  If the Judge says no, then I inform him that I wish to retain counsel before pleading but will not be able to afford one until July. (which is the truth because the business does not pick up until April, May, June).
  Do you think he would continue arrainment until July?

  Play with fire and you'll get burned.
  Your inability to be financially solvent does not help you avoid prosecution in this case. This is not a criminal case, so your impoverished status will not gain you any free counsel. The judge may rightfully ask you why you have not already retained counsel prior to this impending hearing date.
  If this hearing is set for adjudication, and you go in proferring:
  

  Quote:

  Originally Posted by bargainhunter

  If the Judge says no, then I inform him that I wish to retain counsel before pleading but will not be able to afford one until July. (which is the truth because the business does not pick up until April, May, June).
  Do you think he would continue arrainment until July?

  you may very well po the judge, and, even though you may get a continuance (because you were ill-prepared) he may let this irritation fester until your adjourned date, and then throw the book (fines, I believe, would be the only penalty available) at you. Be careful, and next time, be prepared.
• Fri, 16 Feb 2007 15:57:00 GMT(5)
• Plead no guilty and present your evidence.
• Fri, 16 Feb 2007 20:50:00 GMT(6)
• I had a warrant for my arrest for a housing violation. Because I couldn't take time off from work, I plead guilty. The judge asked what happened, I explained and showed my proof (that the inspection, although paid for, never occurred because they told me to wait for the inspector to call me), and I was found not guilty. However, that didn't get me any money back. So, try to plead guilty and see if you will be given a chance. However, you may be taking a chance...
• Fri, 16 Feb 2007 16:24:00 GMT(7)
• You still hire a lawyer. Ask to pay on a payment plan.
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