NEW Barisone Court Filing - 7/15/21

[Angela_Freda]

I think it may be written with what is known and prove- able at the time, understanding that as documents are found, amendment will be made to it.
Certainly asserting anything without the ability to document could prove problematic.
As such, imo, the “holes” are a smart move, until they can be closed off with information that can be verified, as it becomes available.
As has already been done.

But I’m just a lay person, who hasn’t even played a lawyer on TV

[Knights_Mom]

My interpretation is that LEGALLY the building was registered as a single family residence.

If the basement was used as an additional 2nd family residence it would be illegal if it weren’t registered as such AND in order for it to be considered and permitted as such would require a 2nd way of getting out for fire code standards.

If it didn’t have it odds are the entire premises would be ordered vacated if it was a building department vacate order.

In an eviction for non payment or Holdover reasons I’ve definitely issued warrants of eviction which read like this:

4 rooms, Apt. 1A, 1st floor, kitchen, bathroom, living room, bedroom, side door access up 3 steps to the blue door reading 1A.

[LilRanger]

I disagree based on my experience. Which isn’t vast or expert, just mine, that’s all.

You’re right to think that a petition is a big grab for as much territory as possible, but I disagree that there is a much calculation in it as you propose.

Of course I could be wrong, that’s possible. I’m just giving my opinion.

[YankeeDuchess]

@FitzE

Actually, there is a huge push to what is known as “plain language” in the profession now.

I cannot speak to criminal law because I don’t do litigation, only transactional. However, the days of flowery, confusing language, legal doublets, antiquated terms, etc. are waning.

We go for clear, concise, and correct.

People obsessed with lawyers writing a certain way to confuse or conceal are ignorant of the actual profession and practice. They cling to old stereotypes and probably watch too much TV legal drama. They definitely over estimate their own acuity and understanding of the topic based, as it is, on a complete lack of experience of any relevant kind.

I have written nothing on here that is “lawyerly” despite declarations otherwise. That’s just more pot shots from someone out of their depth entirely. I write what I mean as clearly as possible. No one else seems confused in any way.

If you read posts by the actual professionals like KnightsMom, vxf, etc. you will see none of that made-for-TV drama-filled nonsense. Just experience and expertise presented in a straightforward manner, as one does.

Vxf11 has said she’s a lawyer. I don’t remember @Knights_Mom ever stating she was a lawyer, although she is obviously well versed in eviction law.

[LilRanger]

That’s is for another thread, that could only be exciting for the jurisprudes.

[FitzE]

I hadn’t heard that term before. I like it!!

[YankeeDuchess]

@LilRanger

I disagree based on my experience. Which isn’t vast or expert, just mine, that’s all.

You’re right to think that a petition is a big grab for as much territory as possible, but I disagree that there is a much calculation in it as you propose.

Of course I could be wrong, that’s possible. I’m just giving my opinion.

I’ve said before that I think that the main purpose of the civil filing is to impugn the accuracy of the police reports which will be used in the criminal trial. Much has been made of the brilliant reputation of the criminal attorney, Bilinkas. I’m assuming that a great deal of effort was put into this, looking toward the possible effects on the criminal trial. I doubt the civil action itself will ever come to trial (or be settled).

[Knights_Mom]

For 7 or 8 years I was THE landlord tenant clerk who spoke to the public, took in cases and $, indexed them, filed answers and Order To Show Cause, handled exhibits, worked with Marshals, evaluated cases and paperwork in order to issue or refuse Warrants of Eviction, clerked for Judge in courtroom and issued both temporary and final orders, judgments, warrants, etc.

But I’ve also done likewise with child support, abuse and neglect, juvenile delinquency, family offenses, custody, visitation, criminal court, civil court, small claims etc.

31 years in the court system is a long time.

My final assignment was in Civil cases including Supreme Court transfers.

[LilRanger]

Hmm, I would not think so based on my experience, but I don’t know these attorneys or this judge, or the general practice this part of NJ. I think the judges are much better at keeping stuff separate than folks on a bb.

To me this looks like an honest attempt by MB to blame everyone but himself. And make some settlement money.

[LilRanger]

Also, the criminal attorney is going to bring this up to impeach the police whether or not it’s in a civil case. In fact I wouldn’t be surprised if it was the opposite: the civil case started after his attorney told mb this had happened

Edited for typos!

[FitzE]

@Knights_Mom: Your bona fides are above reproach. Do not stoop to justify yourself to anyone, let alone someone who thinks only lawyers are legal professionals (which is what I wrote in a straightforward, clear, and concise way; I did not write “laywers” but “professionals” ). But reading comp is a challenge for some. Bless.

Real legal professionals know that it takes a whole roster of professionals from judges all the way down to brand new interns to make things run and often a professional in your position is actually more knowledgable about certain topics than the lawyers. Which is why good lawyers and judges defer to and depend on your knowledge and experience. Thank you for sharing it, even if you do get a “pearls before swine” reaction from time to time.

Not only do you owe no one an explanation, please be careful when dealing with identified cyber stalkers as you may unwittingly assist them in further harassing you which is really not okay. There are types for whom even banning and public exposure only fuel their behaviour, not curb it.

Though it’s a shame we have to even think this way, please be careful.

[Knights_Mom]

@YankeeDuchess

@LilRanger

I disagree based on my experience. Which isn’t vast or expert, just mine, that’s all.

You’re right to think that a petition is a big grab for as much territory as possible, but I disagree that there is a much calculation in it as you propose.

Of course I could be wrong, that’s possible. I’m just giving my opinion.

I’ve said before that I think that the main purpose of the civil filing is to impugn the accuracy of the police reports which will be used in the criminal trial. Much has been made of the brilliant reputation of the criminal attorney, Bilinkas. I’m assuming that a great deal of effort was put into this, looking toward the possible effects on the criminal trial. I doubt the civil action itself will ever come to trial (or be settled).

My bet is MB will prevail and the parties will settle.

I don’t think anything in the Civil case will be of use in the criminal trial except for lightening any sentence MB might get if convicted by a little. But I also believe the criminal case will plea down to assault with a deadly weapon IF LKs version is somewhat correct.

I don’t see (from way out here in spectator land) a great chance of proving intent to kill. And, unless other charges stick, if intent to kill is doubted by one juror, MB goes free.

[MHM]

@Ghazzu

Depends upon local regulations.
Around here, public health and the local animal inspector would be notified, they would visit and ask for proof of rabies vaccine, if that were current, would issue a 10-day “strict confinement” in-home, with dog allowed out only on leash with adult to relieve itself.
Animal inspector would visit again at the end of the 10 day period to be sure dog was not showing signs of rabies.
Dog would not automatically be seized.

It definitely varies by location. The family I knew had their dog seized, and it stayed in possession of the dog control officer for months while they wrangled about whether the dog presented a hazard. Eventually they got the dog back with the conditions that it could never be turned loose, even on their own property, and it always had to wear a muzzle when it left the house on a leash with an adult.

I would not like to think of the amount of money it cost them, between legal fees and what the dog control officer charged them for care of the dog while it was in his custody.

[Knights_Mom]

Thank you!

I wrote it for the readers. I doubt it will affect the players at all.

And yes, I had to tell lawyers procedure all the time, every day, numerous times a day.

Retirement is sweet.

[LilRanger]

Yeah, there’s a lot here to make the prosecution want to plea. I agree that it will be hard to get to intent, and LK is not only going to be a tricky witness, but if MB is a sympathetic one, it could be a hard row to hoe.

[YankeeDuchess]

@Knights_Mom

For 7 or 8 years I was THE landlord tenant clerk who spoke to the public, took in cases and $, indexed them, filed answers and Order To Show Cause, handled exhibits, worked with Marshals, evaluated cases and paperwork in order to issue or refuse Warrants of Eviction, clerked for Judge in courtroom and issued both temporary and final orders, judgments, warrants, etc.

But I’ve also done likewise with child support, abuse and neglect, juvenile delinquency, family offenses, custody, visitation, criminal court, civil court, small claims etc.

31 years in the court system is a long time.

My final assignment was in Civil cases including Supreme Court transfers.

Your posts have made it obvious that you have a great deal of knowledge on evictions, and other legal issues.

It’s really not necessary to go into a lot of details on your specific professional credentials, impressive as they are.

[MHM]

@LilRanger

… if MB is a sympathetic one, it could be a hard row to hoe.

I wonder if they will need to disqualify any potential jurors who saw his tv appearance years ago when Stephen Colbert got a dressage lesson from him.

[Knights_Mom]

Thanks. It’s important for those reading to understand the background behind my perspective.

Moving on to my next career now makes me smile nevertheless.

[MHM]

@FitzE

… even if you do get a “pearls before swine” reaction from time to time.

Omg. A pearls before swine emoji would be another excellent option to have on hand around here.

[YankeeDuchess]

@LilRanger

Hmm, I would not think so based on my experience, but I don’t know these attorneys or this judge, or the general practice this part of NJ. I think the judges are much better at keeping stuff separate than folks on a bb.

To me this looks like an honest attempt by MB to blame everyone but himself. And make some settlement money.

But that is my point: he’s saying that the police reports systematically failed to record all of the provocations and threats he reported and that it is the fault of the police that he snapped and shot someone. His defense in the criminal trial will be an insanity defense, and he’s blaming the police (in addition to LK) for driving him to the edge, and also for failing to intervene to save a person on the verge of a mental breakdown from doing something horrific.

He is already counter suing LK in a civil suit for all her harassment; why sue the police unless it’s to impugn the police reports and attempt to say that things were much worse than reported by the police?