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8 comments

  • tacking1
    Forum legal eagles....y'all rarely weigh in on legal matters here and I don't blame you and I am not gonna ask you to now.

    I do have a general question about law and judge's obligations.

    When I was sentanced here in NC there were sentencing guidelines that the judge had to follow, ie column "A" to column "B" gives you "C", then they were adjusted to mitigating factors.

    I realize that some cases are less subjective than others.

    Are there ANY courts where the judge has more "leeway" than divorce/custody? The awarding of custody in cases that I have known about was very ....(arbitrary) for lack of better term.

    Thanks for any response
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  • HandLoad
    I went to Law School, did not complete the course of study.

    Free Advice is worth exactly what you pay for it.

    That said, believe it or not, there are an infinity of cases possible where there is no "already decided" case that is applicable - in cases like that, the Judge gets to make NEW LAW. That is how the system grows. So, almost any Judge could find him/her self in new territory, and can make a decision that suits him/her.
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  • tomahawk
    laws change , best advice i could give is for you to walk into a lawyers office, put 50.00 on his desk and get a real answer[;)]
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  • zipperzap
    Bottom line is - except for executing you - most judges can do
    just about whatever they want with you - unless you've got a
    (motivated) high powered mouthpiece.

    Of course ... you can always appeal - and pay your lawyer even
    much more than before.
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  • tacking1
    quote:Originally posted by eboydell
    Thomas, All Federal Courts are governed by the exact same "guildines" for criminal sentencing in all 50 States. As is normal, some State court will attempt similar "guidelines" in criminal matters, but they are much more fexible, having only to follow that State's Criminal Code. In civil matters, few things other than child support and spousal support are governed by "guildlines". Of course, Federal Courts have no jurisdiction in these matters. So, in short, State courts have more fexibility in both criminal and civil matters. Federal Courts are only limited in criminal matters, which are exactly the same in all 50 States.[;)]


    Thank you Sir.

    I have two friends recently having gone through a divorce. I have no idea as to details, I imagine that both were in similar marriages and the dissolutions were similar. In the same district, different judges, and different lawyers, one was given full custody of the child and one not.

    I realize that "you buys yer ticket, and teks yer chance" but that seems a huge amount of discretianary power to have. God bless those judges. I would hate to hold someone's life in my hands that way.
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  • tacking1
    quote:Originally posted by eboydell
    Child custody is 100% up to the indiviual judge who hears all of the evidence. The only guildlines here are "what is in the best interest of the children". A long time ago, in Louisiana, the mother, by law,was the perferred parent. However, that was changed in the 80's.Now most States perfer joint custody whenever possible; but sometimes this is not easy because the parents hate each other too much to cooperate.[:D] "You don't have to call me sir,sir...the whole world calls me EARL".[;)]


    Ok Earl...the whole world calls me idiot, but I still prefer Thomas!

    Thanks for the input.

    since the 80's has there been a reasonable move toward allowing fathers full custody or are mothers still more likely?
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  • LesWVa
    quote:When I was sentanced here in NC there were sentencing guidelines that the judge had to follow, ie column "A" to column "B" gives you "C", then they were adjusted to mitigating factors.



    Just speaking of criminal cases.

    It easy to see that you did not live in Rutherford county NC.
    Sit and watched one female judge sitting on the bench hand out three sentences to three guys whom all had the same offense. All three faced a 3rd offense DWI.

    #1. Got 24 months and a fine of around $1500.00.
    #2. Got three months in jail and a fine of like $500.00.
    #3. Got sent home if 6 months of Unsupervised probation and a $150.00 fine.

    It did not take long to figure out that the lower the level got in that Donald Duck orange juice bottle became.

    The better chance you had of staying out of jail no matter what you your charge may have been.
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  • allen griggs
    So ole judge is sitting in court with a 14 ounce screwdriver in a Donald Duck orange juice bottle? That's great.
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