Court Discuss the tactics used by the court system, and how to develop your counter-tactics for success in the courtroom, dealing with citations, criminal and civil matters.


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  #1  
Old 04-21-2008, 01:40 PM
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goldphoenix goldphoenix is offline
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oregon law, oregon statutes

hello group, is there anyone here familiar with Oregon's statutes and law?

I have citations i am needing to deal with and would appreciate anyone on the list who can help by giving me some ideas. Please PM me if you're willing to help!

freedom and peace,

phoenix
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Old 04-21-2008, 04:07 PM
Lawdog Lawdog is offline
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link

Not annotated with caselaw, but at least it's free:

http://www.leg.state.or.us/ors/

Good luck.
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We reject Skurdal's argument that he is a "free man" exempt from the laws because he has "no contracts" with either the state or federal governments...No persons in Montana may exempt themselves from any law simply by declaring they do not consent to it applying to them...Accepting Skurdal's assertion of exempt status is an invitation to anarchy. We decline that invitation. - State v. Skurdal, Supreme Court of Montana, 235 Mont. 291, 767 P.2d 304 at 308 (1988).
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Old 04-22-2008, 07:45 PM
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goldphoenix goldphoenix is offline
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thank you

yes, i have seen these online. i am more interested in the original texts prior to codification, and i'm not real sure where to find them. you know, the ones they write prior to codification which expresses the intent.

also, trying to figure out how an officer has the authority to do a summons (on a citation). And whether an administrative law judge in a municipal capacity has the authority to enter a plea for someone, as opposed to them entering a plea themselves.

I am also wondering what impact nonexistence of a birth record has on everything involving government, if any.

thanks, lawdog!
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Old 04-25-2008, 04:43 PM
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goldphoenix goldphoenix is offline
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no one in oregon familiar with law?

the charges I am looking at are criminal trespass and fictitious info for purposes of avoiding a citation. Anyone familiar with these charges or want to help or discuss? i guess it's not actually necessary that you live in oregon, but any help would be greatly appreciated!
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Old 04-26-2008, 12:26 AM
Notorial dissent Notorial dissent is offline
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To your first question:
If you are interested in the actual text of the law there are generally at least two places to go. First is the yearly Session Law book, but that requires you know the year the law was passed. The complete text will be available there. Some states have them on line, mostly you will have to find them in a law library. The other source would be either the State Archives and you state's Secretary of State. All bills once passed go to the Sec of State for filing, from there they generally go to the State Archives, and you should be able to get a copy from one or both of those offices. It will still require knowing the year and bill number to get it. The problem with the original text is that it will not contain any amendments or material that goes along with the statute, unless they actually repealed and reenacted at that time.

To your second question:
The authority for an officer to issue a summons will either be included within the statute in question, or in the general statutes for law enforcement. The same applies to judges. The authority to enter a plea, and the only one they can enter is of "not guilty" will come from the judicial statutes, and court rules. A judge will not enter a plea for someone unless they cannot or will not enter a plea on their own behalf. They enter a "not guilty plea" to protect and preserve the individual's rights.

To your third question:
The existence or lack of existence of a birth certificate does not alter the effect of the law, you can still be arrested, charged, convicted, and imprisoned whether or not you have a birth certificate.

If you are charged with criminal trespass, then you had best read the statute on criminal trespass, and if you gave false information to the officer at arrest they you have another charge to face as well.
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