Thursday, July 28, 2005

Another Day

Today was a court date and as I mentioned yesterday I knew what was going to happen before it all happened so for the first time I had no butterflies in my stomach. I don't think this is entirely true the butterflies were smaller than usual. I went to court by myself because there was no need for my wife to attend which would mean we have to have someone watch the children. It was easier I went by myself but it felt very different even though I knew what was going to happen. I met with my attorney's friend (I don't think it is fair to call him an associate because they work alone, I will stick with friend) and he reiterated what my attorney had told me yesterday. I did ask him about the one issue and he said he would talk to the DDA about this issue. He came back and told me he spoke with the DDA and he is aware of the pool company has NOT been paid. (I will refrain from any sarcastic comments but it is very difficult.) The DDA did say the pool company will be paid but did not say when. I was very fortunate because my case was second on the calendar (legal jargon!) and I was in and out within an hour. This was a record even for a continuance. My attorney's friend did raise the question about the pool company so it was a matter of record but again no one stipulated when the pool company will be paid. I feel bad for the pool company because they are an innocent third party along with everyone else (with the exception of me) because they are also at the mercy of the DDA.

Additionally, our buyer for the house is such a patient man because I signed a contract with him over 7 weeks ago and we are still waiting for the court's approval. I spoke with the buyer today and he is extremely understanding, I only hope we get the approval next week. Yes, I am due to go back next Thursday and hopefully something will get done because the DDA goes on vacation for a month (now that is a good job!). The way I understand it is no other DDA can stand in for this DDA until he gets back from vacation so no decisions can be made. Now I understand why there is such a back log in our criminal justice system. I know this country was founded on freedoms and the constitution but someone needs to really look at our criminal justice system and perform an analysis on how to make it better. I certainly have no answers but there has to be a better way to process cases more efficiently. California does have a law stating the defendant has a right to a speedy preliminary trial within 15 court days of their arraignment and 30 court days for a regular trial from their arraignment. However; as my attorney has pointed out if the District Attorney's office is not ready to proceed with the case in the allotted time frame they drop the case and re-file at a later date. This means all of the prior events must happen again such as posting bail, arraignment, incarceration, etc.. It sort of defeats the purpose of the law. Oh well, I will keep saying my serenity prayer.

Finally, while I was waiting for my case to be called one of my attorney's other clients sat next to me and she had a very concerned look on her face. She asked me if I had the same attorney as her and if the attorney's friend was standing in for my case as well and I answered yes to both questions. I asked her if the attorney was asking for a continuance and she said yes and I told her this is very normal because it was my 10th time dealing with the same matters. Her eyes grew bigger and she looked at me as if I were crazy and I said yes, my 10th time so don't get upset over anything right now because nothing is going to happen. I am not sure if I made her feel any better.

Another happy birthday, to my brother-in-law John, I hope you had a great day. One quick note; I have two sisters and never had a brother; however; I have been blessed with four wonderful brother-in-laws. Each one is different in their own way but all of them have outstanding characteristics; I am truly blessed.

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