
07-29-2004, 04:48 PM
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Definately Preferring Law to Redemption
I am new to this forum, and have sought it out in response to a real life situation I have become entangled with in New Jersey. It involves a criminal summons generated from a "fishing expedition" traffic stop (broken windshield) with regards to transporting a firearm through the state as I was moving. (from one legal residence to another ~ I even had both of my cats in the car). I have read so much about various methods of interacting with the court system, and am drawn very much by the practical and straight-forward attitudes espoused by the moderators and site administrators of sui juris net, as opposed to the seemingly flakey UCC responses and the like.
There seems to be much case law in NJ regarding the situation I am in, specifically State v. Carty, where "fishing expeditions" were basically rejected by the high court, and I also find a clear exemption to the statute that I am being charged with in the following code section.
What I am curious about is just how to best employ these pieces of information, in what form they should take (i.e. judicial notice, and/or affidavit, etc.), and at what stage of the proceedings. Where can I find good examples of proper (and non-frivolous) affidavits for NJ?
Has anyone heard of the Affidavit of Competency approach? Or the Affidavit of Non-Corporate status?
In all honesty, I feel a little overwhelmed by this whole thing, which I know is exactly how they want me to feel, and am doing my best to stay on top of it all. I just want to understand what will be the best way of interacting with the personel involved, and the best way of getting my information on the record. It seems so stacked in so many ways... such as being denied access to the "prosecutor" unless I have a lawyer or a PD before the arraignment, which I was told would otherwise be the first opportunity to meet with the prosecutor. Talk about a stacked deck!
Any insights would be most greatfully appreciated! Thank you all very much.
eric
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07-29-2004, 05:50 PM
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Banned User
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Join Date: Oct 2004
Location: Indiana
Posts: 1,866
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Definately Preferring Law to Redemption
File a Motion to Dismiss... enter the law codes that you have found into the record via Judicial Notice. Use an Affidavit of Fact to make the details clear.
In response to this: "Has anyone heard of the Affidavit of Competency approach? Or the Affidavit of Non-Corporate status? "
Don't even... not necessary... will get you labeled as "one of THOSE people" and just might put the odds against you as you become one of THOSE that need to be "made an example of".
Ice
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07-29-2004, 05:51 PM
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Banned User
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Join Date: Oct 2004
Location: Indiana
Posts: 1,866
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Definately Preferring Law to Redemption
By the way, do you know what to do when you appear? The first few spoken words are very important. Do you have a clue? If not... review some of the older posts.
Ice
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07-29-2004, 08:20 PM
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Definately Preferring Law to Redemption
Thanks for the response Ice.
I am most certainly all in favour of keeping it as straightforward as possible. To answer your question, no, I do not know what to do when I appear. I am currently reviewing as many older posts as I can, but if you remember certain ones that may be relevant, could you point me in the right direction?
Thanks again, and I will certainly keep you all posted as this thing unfolds.
Part of me is really excited in fact. I have been studying law and money in various regards for years, but have never had to employ it, and now I do. This is the true test right? To put into action what we have learned... and what I need to learn the most about.
e
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07-29-2004, 10:48 PM
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Banned User
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Join Date: Oct 2004
Location: Indiana
Posts: 1,866
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Definately Preferring Law to Redemption
Also, see the Download section for docs like "OBJECTIONS TO EVIDENCE AND TESTIMONY" ... you may find others that will be of assistance.
I couldn't really point you to any specific thread... but the sections "Court" and "Citizenship and Jurisdiction" would be good starts. Stick to "Court" first.
Ice
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07-29-2004, 11:08 PM
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Definately Preferring Law to Redemption
O.K., here's the big question ~ can anybody help point me in the right direction for the method in which to notify the court that I am going to appear in propria persona?
eric
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07-29-2004, 11:20 PM
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Banned User
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Join Date: Oct 2004
Location: Indiana
Posts: 1,866
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Definately Preferring Law to Redemption
Just tell the court when you answer the call.
"For the Record, my name is Ice, spelled properly in upper and lower case letters, appearing propria persona and further, my every utterance here today shall be the truth and made under the pain and penalty of perjury."
May I ask: Why propria persona?... I mean as opposed to "pro se", Sui Juris, or "in want of counsel"?
Just wondering...
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