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The Water Cooler
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Need Advise ,going to Trial over Junk in Backyard in OKC.
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<blockquote data-quote="cfw2000" data-source="post: 1850526" data-attributes="member: 19901"><p>It’s obvious that one or more of the posters here are attorneys. So am I, so here’s some of the best advice you’ll get for free. You’re going to trial for one reason - you pled not guilty. Like someone said earlier, change your plea to guilty and accept the punishment. Judges get pissed when someone takes up their time with silly defenses, excuses or reasons. I’m assuming this will take place in OKC municipal court. You won’t get much leniency or sympathy there. Municipal judges are not elected officials, so the buddy system doesn’t work very well there. The city attorney will probably have only one witness and that will be the zoning code enforcement officer who will have lots of pictures for the judge to see. The most recent photos will have been taken the day before the trial. Like it was said earlier, clean yourself up before you go. Show up with hat in hand (literally and figuratively). If you show up looking and acting like white trash, you’ll probably be treated that way. I’m also assuming that the citation is for a violation of the city’s property maintenance code. Unless your violation is horrendous, the citation was probably precipitated by a neighbor’s anonymous complaint placed with the city’s action center over the telephone or the internet. In which case, your neighbors will keep making complaints until the problem goes away. You’ve got a bigger problem if your citation is, or includes, a zoning code violation. You said that you’re operating a trash hauling business of sorts. You’d have to get the city council to approve a re-zoning application to cure the problem, but it’s highly unlikely that you’ll be able to get your residential property re-zoned for this type of commercial use.</p><p></p><p>Having said all of that, I would try to change your plea to not guilty. In any event, you’ll have to show up in court and face the consequences. Unless you have some extenuating circumstances (evidenced by showing up in a wheel chair or walker) which has impeded you ability to comply with the city’s ordinances, you’ll likely get slammed. I would apologize profusely to the court and then present the judge with your plan and timetable for compliance. In the meantime, make the enforcement officer your new best friend. You no doubt have his name and direct line number from the notices he placed on your door or mailed to your house prior to the issuance of the citation. There is no magic dust or technical tap dance any lawyer can come up with at this point.</p></blockquote><p></p>
[QUOTE="cfw2000, post: 1850526, member: 19901"] It’s obvious that one or more of the posters here are attorneys. So am I, so here’s some of the best advice you’ll get for free. You’re going to trial for one reason - you pled not guilty. Like someone said earlier, change your plea to guilty and accept the punishment. Judges get pissed when someone takes up their time with silly defenses, excuses or reasons. I’m assuming this will take place in OKC municipal court. You won’t get much leniency or sympathy there. Municipal judges are not elected officials, so the buddy system doesn’t work very well there. The city attorney will probably have only one witness and that will be the zoning code enforcement officer who will have lots of pictures for the judge to see. The most recent photos will have been taken the day before the trial. Like it was said earlier, clean yourself up before you go. Show up with hat in hand (literally and figuratively). If you show up looking and acting like white trash, you’ll probably be treated that way. I’m also assuming that the citation is for a violation of the city’s property maintenance code. Unless your violation is horrendous, the citation was probably precipitated by a neighbor’s anonymous complaint placed with the city’s action center over the telephone or the internet. In which case, your neighbors will keep making complaints until the problem goes away. You’ve got a bigger problem if your citation is, or includes, a zoning code violation. You said that you’re operating a trash hauling business of sorts. You’d have to get the city council to approve a re-zoning application to cure the problem, but it’s highly unlikely that you’ll be able to get your residential property re-zoned for this type of commercial use. Having said all of that, I would try to change your plea to not guilty. In any event, you’ll have to show up in court and face the consequences. Unless you have some extenuating circumstances (evidenced by showing up in a wheel chair or walker) which has impeded you ability to comply with the city’s ordinances, you’ll likely get slammed. I would apologize profusely to the court and then present the judge with your plan and timetable for compliance. In the meantime, make the enforcement officer your new best friend. You no doubt have his name and direct line number from the notices he placed on your door or mailed to your house prior to the issuance of the citation. There is no magic dust or technical tap dance any lawyer can come up with at this point. [/QUOTE]
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