Today's battle in court

[charlesa6]

Originally Posted by pyroman1

Thank you, glad to here your friend faired well. It's now been 10 days and nothing so far. The clerk of the court even has a website up in which one may view the status of one's case. It still says Taken Under Advisement.

You have something in the record that the black robe cannot get around it. Probably, the black robe might sit on it or dismmissed it. Give them a little more time,and see how will turn out.

[idknow]

Originally Posted by idknow

--

``taken under advisement'' -- now THAT's an interesting statment!

---- *** ---
I forgot to finish this post

I was reminded that in Admiralty, everyone only advises the "judge"

see, even the phrases they uses to describe status is informative!

[weishaupt1776]

Originally Posted by pyroman1

Thank you, glad to here your friend faired well. It's now been 10 days and nothing so far. The clerk of the court even has a website up in which one may view the status of one's case. It still says Taken Under Advisement.

Hmmmmmmmm. If it goes any further, I would look up the rules of judicial admin to see what criteria there is for "Taken Under Advisement"(if it's in there at all).
There's gotta be a time limit.

[Shoonra]

I was reminded that in Admiralty, everyone only advises the "judge".

Same applies in conventional courts; both sides present their legal arguments to advise the judge. Nobody can give him orders.

Traffic court is not an admiralty court. Traffic court is a state/municipal tribunal, whereas admiralty courts are always federal tribunals.

[idknow]

Originally Posted by Shoonra

Same applies in conventional courts; both sides present their legal arguments to advise the judge. Nobody can give him orders.

Traffic court is not an admiralty court. Traffic court is a state/municipal tribunal, whereas admiralty courts are always federal tribunals.

--
but it's all related and entangled: lex Admiralty and lex Merchant. And we have it all here.

admiralty on the land, merchant insurance, prize on land, etc, et al.

[Livefire]

Most of the time they are an adminstrative hearing acting on behalf of the State Police. Check out your state APA act.

[pyroman1]

Two weeks and the status has yet to change.

[pyroman1]

They found my wife guilty. This is what their website says:

12/27/05 ORDER FOR PYMT OF FINES, FEES, AND COSTS
12/27/05 FINE/COSTS $ 179.50
12/27/05 SENTENCED IN ABSENTIA
12/27/05 NON-JURY TRIAL GUILTY VERDICT
12/07/05 TAKEN UNDER ADVISEMENT

How the hell is this possible? My wife wasn't even able to be there to know why she was found guilty. This sounds like a total sham.

Suggestions?

[Livefire]

Like weishaupt said, you need to look that term up. A good place to look is the traffic benchbook for your state if they have one. It also outlines the procedures that the court will take.....very informative stuff, references the codes, laws, and rules they're supposed to follow. In MI, the taking of traffic cases under advisement is officially frowned upon. This means that they will refrain from making final judgment when certain stipulations are met i.e. no further citations within 6 mos, dismissal with costs paid (no points). The state here wants them to either dismiss or convict, with the court filing the abstract of conviction with the secretary of state, thereby resulting in points assessed against the driving record.

If this was an informal hearing without attorneys involved, you might have her demand a FORMAL hearing. That would be a trial de novo with the PA appearing on behalf of the state and the cop as a witness. In this manner you could utilize the TS process and default the prosecutor. You probably would have to post a bond in the amount of the fine. Check the court web site AND the rules concering traffic hearings for your state.

If you can go the default route, I suggest checking out the distribution of the fines and costs.....Here in MI, I discovered that the judges retirement receives 45 cents from every paid citation. This creates a financial conflict of interest and disqualifies the judge and for the benefit of government agents like Shoonra and Roy Bean , 45 cents multiplied by 1.9 million citations
certainly is more than a de minimis interest! Words like RICO (and I don t mean Suave!) and champerty come to mind!

Hope this helps!

Livefire

[Livefire]

Like weishaupt said, you need to look that term up. A good place to look is the traffic benchbook for your state if they have one. It also outlines the procedures that the court will take.....very informative stuff, references the codes, laws, and rules they're supposed to follow. In MI, the taking of traffic cases under advisement is officially frowned upon. This means that they will refrain from making final judgment when certain stipulations are met i.e. no further citations within 6 mos, dismissal with costs paid (no points). The state here wants them to either dismiss or convict, with the court filing the abstract of conviction with the secretary of state, thereby resulting in points assessed against the driving record.

If this was an informal hearing without attorneys involved, you might have her demand a FORMAL hearing. That would be a trial de novo with the PA appearing on behalf of the state and the cop as a witness. In this manner you could utilize the TS process and default the prosecutor. You probably would have to post a bond in the amount of the fine. Check the court web site AND the rules concering traffic hearings for your state.

If you can go the default route, I suggest checking out the distribution of the fines and costs.....Here in MI, I discovered that the judges retirement receives 45 cents from every paid citation. This creates a financial conflict of interest and disqualifies the judge and for the benefit of government agents like Shoonra and Roy Bean , 45 cents multiplied by 1.9 million citations
certainly is more than a de minimis interest! Words like RICO (and I don t mean Suave!) and champerty come to mind!

Hope this helps!

Livefire