courts and rights

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Smart

Bronze
Jun 16, 2012
709
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On my last visit to court i had my translator dismissed before i got a chance to put muy case forward. I only m?nager to state where i was from, how long i had lived here and then asked why i did not speak spanish, of which i replied i do but not confidently enough to catch all? that is going on, legal speak n all.
Instantly, so you do speak spanish you dont need a translator, then dismissed my translator and began insulting foreigners and why they felt they can come here and ........................... well, you get the picture.
I refused to continue under such circumstances and de were dismissed and given a future date. All a bit mickey mouse.
Also, the defense has free representation, how, i have seen prosecution being represented by the court but never defense, not here.

Under such circumstances surely i am able to request a change of venue, if defense is presented by thecourt then i'm not in good standing, seems pointless even trying.

I know where i am, i dont need reminded, i'm looking for opinions, options, solutions.
 
Z

zoomzx11

Gold
Jan 21, 2006
8,367
842
113
There is no solution. Option is to keep on and suffer more abuse. Walk away and move on. Lots of wonderful and exciting things to do in the DR. Courts and lawyers does not make the list. Gold luck, either way you choose.
 
S

Smart

Bronze
Jun 16, 2012
709
0
0
Didnt read the last line i notice. If you adapt the mentality of the average underdog dominican then you to? will be walked all? over, and i'd suggest standing back, that kind of integration is negative.
 
bob saunders

bob saunders

Platinum
Jan 1, 2002
32,561
5,973
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Have you did a good risk analysis of the situation? You can figure out your own options if you have, with the help of course of a good and experienced lawyer.
 
D

dv8

Gold
Sep 27, 2006
31,266
363
0
i agree, get a good lawyer. i remember form your previous posts that your financial situation is not great but i still think you may be better off spending money well. because i have no doubts that you will spend plenty anyways, being dragged in courts and fighting.
 
A

Aguaita29

Silver
Jul 27, 2011
2,619
272
83
Smart said:
Also, the defense has free representation, how, i have seen prosecution being represented by the court but never defense, not here.

Under such circumstances surely i am able to request a change of venue, if defense is presented by thecourt then i'm not in good standing, seems pointless even trying.

I know where i am, i dont need reminded, i'm looking for opinions, options, solutions.
Click to expand...


Yeah, the Defense can get free representation. It?s called a "Defensor Publico" who watches for the victim?s interests. This has actually been going on for a while now.

The thing is that sometimes what the prosecutor requests is different from what the victim would have wanted. In the past people complained that victims who couldn?t afford a lawyer were sometimes "left alone" and had little guidance, while the "evil perpetrator" got free help from the State (Abogado del Estado).

This doesn?t really mean anything bad for you. Just like free health care, free stuff in this country doesn?t mean good stuff!
 
T

the gorgon

Platinum
Sep 16, 2010
33,997
83
0
welcome to the wild and woolly world of Dominican jurisprudence. there are no rules, and, if there are, nobody knows what they are. every second guy in the street is an abogado, with licenses all nicely bought and paid for. hopefully, you are not in a serious situation, because a real lawyer is going to be big bucks. an average lawyer is a waste of time, and a vacuum cleaner for your bank account.
 
Robert

Robert

Stay Frosty!
Jan 2, 1999
20,574
341
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Smart said:
On my last visit to court i had my translator dismissed before i got a chance to put muy case forward. I only m?nager to state where i was from, how long i had lived here and then asked why i did not speak spanish, of which i replied i do but not confidently enough to catch all? that is going on, legal speak n all.
Instantly, so you do speak spanish you dont need a translator, then dismissed my translator and began insulting foreigners and why they felt they can come here and ........................... well, you get the picture.
I refused to continue under such circumstances and de were dismissed and given a future date. All a bit mickey mouse.
Also, the defense has free representation, how, i have seen prosecution being represented by the court but never defense, not here.

Under such circumstances surely i am able to request a change of venue, if defense is presented by thecourt then i'm not in good standing, seems pointless even trying.

I know where i am, i dont need reminded, i'm looking for opinions, options, solutions.
Click to expand...

If you cannot afford a good lawyer, walk away. If you don't know how to find a good lawyer, run away!

As Bob said, you need to way up the pro's and con's. You are obviously very inexperienced in how things work in the DR, compounded by the lack of language skills. Not a good mix when walking into a court room.
 
K

KateP

Silver
May 28, 2004
2,845
6
38
As a foreigner, you have a right to have a court assigned interpreter and normally it's the only interpreter that is permitted to translate and communicate with the court for you. In some circumstances they have permitted privately hired interpreters to assist if theirs is not available but in this case they'll require paperwork proving the person is certified as an interpreter or as a minimum be known to the court. The interpreter must be formally requested by the judge so that at the next court date this person is (hopefully) present. And as the others mentioned, the defense does have access to a Defensor Publico if he/she cannot afford to pay for a lawyer. These are all points that you lawyer should be able to explain to you and provide you with appropriate counselling.
 
T

the gorgon

Platinum
Sep 16, 2010
33,997
83
0
KateP said:
As a foreigner, you have a right to have a court assigned interpreter and normally it's the only interpreter that is permitted to translate and communicate with the court for you. In some circumstances they have permitted privately hired interpreters to assist if theirs is not available but in this case they'll require paperwork proving the person is certified as an interpreter or as a minimum be known to the court. The interpreter must be formally requested by the judge so that at the next court date this person is (hopefully) present. And as the others mentioned, the defense does have access to a Defensor Publico if he/she cannot afford to pay for a lawyer. These are all points that you lawyer should be able to explain to you and provide you with appropriate counselling.
Click to expand...

i went to court with my buddy who had his apartment cleaned out by his 'novia". he speaks very little spanish, certainly not enough to participate in court proceedings. there were no formalities, whatsoever. the fiscal allowed me to be his translator, with no questions asked. he did not want a lawyer, just a translator. he ended up getting back half his stuff.
 
S

sophiadcruise

New member
Dec 31, 2013
15
0
0
Since you do not have any idea about the court and the respective laws and also you are not aware of the language they speak then the only method is to try to consult someone who can treat you with the positive yet lawful result.
 
A

Aguaita29

Silver
Jul 27, 2011
2,619
272
83
the gorgon said:
i went to court with my buddy who had his apartment cleaned out by his 'novia". he speaks very little spanish, certainly not enough to participate in court proceedings. there were no formalities, whatsoever. the fiscal allowed me to be his translator, with no questions asked. he did not want a lawyer, just a translator. he ended up getting back half his stuff.
Click to expand...

The case didn?t leave the Fiscal?a, right? You didn?t reach the court. The Fiscal allowed you to be his translator because you were on on that stage where he/she tries to mediate before things go any further.
 
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