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Topic: No complaint - where to send motions?

Created on: 12/30/16 01:36 PM

Replies: 2

B3


Joined: 12/23/16

Posts: 28

No complaint - where to send motions?
12/30/16 1:36 PM

How can a defendant find out to whom and at which mailing address these certificate of service papers must be sent?

https://www.howtowinincourt.com/FrameSet.cfm?mTitle=VideoSeminar
Certificate of Service (video) 1m19s, 1m48s

I suppose typically what would happen is that the defendant/accused would get some paper copy of a written complaint, with all those details spelled out... or at least enough to get the details from a search engine.

If nobody ever sends a complaint, and the defendant/accused was simply told verbally by a stranger to appear at such-and-such courtroom, date and time "or else get arrested", then -- based on what I'm learning in this course (thanks, Dr. Graves!) -- I believe a "motion to dismiss for insufficiency of service of process" would be appropriate; however, that would need to be sent to a specific person at a real address, right?

Any input would be welcome.

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B3


Joined: 12/23/16

Posts: 28

RE: No complaint - where to send motions?
01/12/17 12:05 AM

Nobody ever answered me about this but I do have a follow-up for forum readers:

While there is still no actual complaint, I found out that this case is being treated as criminal, found out that the plaintiff is "the State", found out the last name of the prosecutor, did some online research to parlay that into a full name, for which some public data finally revealed an address.

I went ahead and filed a motion to dismiss and sent a copy of it to the prosecutor.

Only after all that did I find a bit in Dr. Graves' course material here that says "the State" is going to act like a plaintiff for criminal matters.

So for the next poor vaguely-accused fellow who is reading through these forums and trying to figure out which way is up, if you can't get anyone to show you the original complaint against you, it might help to first focus on whether they are calling the matter "criminal".

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JURISDICTIONARY


Joined: 11/23/13

Posts: 142

RE: No complaint - where to send motions?
01/13/17 9:12 AM

Please read the class on Criminal Defense Tactics. The STATE is the "plaintiff", and much of criminal procedures is similar to civil procedures BUT NOT ALL BY ANY MEANS. Rules of evidence are same, courtroom objections are same, fact that every "crime" has "elements" just like a civil case, but those elements must be proven by the state to the exclusion of any alternative reasonable interpretation of the facts. My course is very helpful in criminal cases, so long as one reads the local Rules of Criminal Procedure to see where the differences lie. Much is the same. Not all, however. Proceed with the goal of showing that the State cannot prove ALL of the "elements" of the alleged crime.

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