UPDATE ON MY COURT CASES, WENT TO 2 DIFF COURTS TODAY

Paul88 · #1 04-13-2004, 11:05 PM

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So I go to court today with my Actions to dismiss. I filed the paper with the clerk and went into the court room. The judge was calling people and asking, guilty or not guilty. When it came to my name, she asked. Do you plead guilty or not guilty? I said I cannot make that legal determination. She said really quiet, not guilty. I’m sitting down and the prosecutor comes up and asks, what is this paper, I said it’s my memorandum for the court to review. He goes speak English, I know you want to be cool, and big guy but explain what this paper is. I said, I just want the judge to review it, and I stand on it. So he got all pissed off and walked away. 2 hours later the judge calls my name and I approach the bench. She goes you plead guilty or not guilty? I said I do not wish to plead. She goes you know that if you don’t plead not guilty it will go to trial( Trying to get my scared). I said, I know and I’m ok with it. But before this happens did you have a chance to read my memo, she said no I didn’t was very busy. I said would you like more time to read it over. She paused for like 5 seconds thinking with a surprised look on her faces and goes. You know what, the officer isn’t here anyway + I didn’t read the document yet. I will just reschedule this for another day. You can go now. And that was it. So we will see if I will get anything in the mail.<o

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Ok, so I went to 2nd court in a different town today at 5:30PM. This is for 9 tickets. 2 speeding, 2 reckless, 2 careless, illegal exhaust, no front plate, tinted windows. Before I went there at five I filed the papers with the clerk. I submitted 3 copies, 1 for the judge 1 for the prosecutor one for the clerk. After I did that I went to court at 5:30 and waited for my turn. I set close to the bench and waited. The prosecutor came up and started talking to the judge and asked.<o

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Prosecutor: Where are he 3 officers<o

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Judge: I told them to go home.<o

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Prosecutor: Why<o

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Judge: Because I will dismiss the case.<o

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Prosecutor: what do you meant they need to be here for the trial.<o

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Judge: He (talking about me) filed motion to dismiss, and I will dismiss it since this is a legal matter. Prosecutor looked very disappointed at that moment. Now the judge called my name so I went up to the bench.<o

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The judge sounded very confused and nervous. And wasn’t sure what to do.<o

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Judge: I guess I will change the court day. You will be rescheduled for another 4 or 3 weeks. I’m not sure. I will see if the prosecutor wants to do something about it. You can go now.<o

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Me: Have a good night.<o

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And that was it. It seemed like he was trained to ask guilty or not guilty and give some stupid speeches about DRIVING is your privilege not right. I got really sick of seating there. Well I hope I got the case dismissed. He didn’t say that to me but I did hear him say it to the prosecutor. <o

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Tomorrow I have another court date for 5 more tickets. Let's see how that goes.<o

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Ok so I went to the court today (APRIL 14) 
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Judge called my name and asked.
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Judge: Pawel
Me: Here
Judge: Guilty or not guilty
Me: I can’t make this legal determination
Judge: What?! Stand up
Me: I choose to stand up now.
Him: guilty or not guilty. 
Me: I can’t make this legal determination
Judge: What are you talking about, you have to plead guilt or not guilty.
Me: I wish not to plead.
Him: I will plead not guilty for you and reschedule the court date.
Me: Not guilty?
Judge: Yes
Me: Is that your legal determination?
At this point he is very pissed.
Judge: Didn’t I see you yesterday?
Me: Yes you did.
Judge: The NJ law& something something says that you have to plead do you understand. Are you your own lawyer?
Me: I’m not a lawyer.
Him: Are you aware of the charges against you, do you understand.
Me: I don’t understand the charges.
He read the charges to me, which were the tickets.
Him: Do you understand the charges?
Me: I heard you.
Him: So how do you plead?
Me: I’m not here to plead; I’m here to provide the documents
Him: What documents
Me: Did you receive my memorandum? 
Him: No, who did you give it to?
Me: To the clerk.
Him Ohhh, ok well I will reschedule this case for another date.
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He was trying making me plead and I didn’t let him. &There was a lot of screaming coming from him and he was getting very upset till the point where I mentioned my memorandum. As soon as I did that he set down and told me to go home. Let’s see what happens with this one.
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Ice · #2 04-14-2004, 02:18 AM

Good job!

Now, correct me if I'm wrong... the paper work that you filed was in regards to the "enacting clause"... wasn't it?

Ice

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Paul88 · #3 04-14-2004, 11:24 AM

Quote:

Originally Posted by Ice

Good job!

Now, correct me if I'm wrong... the paper work that you filed was in regards to the "enacting clause"... wasn't it?

Ice

Correct.

Jerseee · #4 04-14-2004, 11:34 AM

Ice,

Our members are learning by leaps and bounds!!& They are growing and I am so proud to be a member!!

Thanks Sui Juris for freeing so many and potentially many more!!

#5 04-14-2004, 11:45 AM

now this is the kind of thing we all need - documented first-party court happenings instead of third-party hearsay!!

yay paul!& now, if you can get a copy of the transcript once all is said and done & upload it to the files section (sensitive info removed of course), that would be nifty spiffy!

thanks!

jon

Paul88 · #6 04-14-2004, 11:46 AM

Quote:

Originally Posted by jmunson

now this is the kind of thing we all need - documented first-party court happenings instead of third-party hearsay!!

yay paul!& now, if you can get a copy of the transcript once all is said and done & upload it to the files section (sensitive info removed of course), that would be nifty spiffy!

thanks!

jon

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Can I just get it from the court? Who do I ask for it?

#7 04-14-2004, 11:54 AM

you can ask the clerk of the court to get you a copy of the transcript at any time.& now, if the case is sealed, that may be a different story.& cases are sealed when certain information is not wanted in the public view - and in our case, if "laws" are not enacted (truly) then i'd think they may seal that case...

but wait until the 3 or 4 week period has elapsed and contact the court to see if there has been any activity on that case.& you may want to get a copy of the case file/transcript regardless in case they do seal it in that time period.

if i were doing this, i'd get a copy of the record of today's events and then check back in three weeks to see if there has been any activity on the case.

jon

suijuris · #8 04-14-2004, 12:50 PM

Paul,

You did a great job. Please do not forget to post in the success stories area if/when you determine they have gone away for good on this thing. ;) Like jmunson said, just monitor the docket, it may be the only way to guage their intentions.

Regards,
Sui Juris

Paul88 · #9 04-14-2004, 12:54 PM

Quote:

Originally Posted by SuiJuris

Paul, You did a great job. Please do not forget to post in the success stories area if/when you determine they have gone away for good on this thing. ;) Like jmunson said, just monitor the docket, it may be the only way to guage their intentions. Regards, Sui Juris

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They have 10 days to cancell everything.

"<SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: 'Times New Roman'; mso-bidi-font-size: 10.0pt; mso-fareast-font-family: 'Times New Roman'; mso-ansi-language: EN-US; mso-fareast-language: EN-US; mso-bidi-language: AR-SA">Wherefore, the Accused requests that this court order the dismissal of the instant case, cancellation of any charges under the non-existent statute, remove the orders, and expunge the record. If done so within ten (10) days, the respondent will consider leaving the issue alone of any further claims against the <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:PlaceType w:st="on">County</st1:PlaceType> of <st1:PlaceName w:st="on">Middlesex</st1:PlaceName>, <st1

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lace> for wrongful, and malicious prosecution"

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#10 04-14-2004, 01:55 PM

while i can't specifically comment on the 10-day thing, if it is supported in law as a response time-frame, then they'll abide by it.

don't be surprised if they attempt to railroad you on that one...

just check the case in 10 business days for activity...

jon