Next Page

1

Previous Page

Topic: Case dismissed! and then... wait for it... UN-DISMISSED?

Created on: 02/11/17 11:54 PM

Replies: 2

B3


Joined: 12/23/16

Posts: 28

Case dismissed! and then... wait for it... UN-DISMISSED?
02/11/17 11:54 PM

After what I learned in this course, I filed a motion to dismiss a traffic case based on the fact that they got my address wrong when they sent their notice to appear in court. I eventually got their notice, I guess forwarded around or whatever, but by then I had less than 10 days to respond. Anyway, I filed a motion to dismiss, and when I went to the pre-trial, the judge called me up and said the case was dismissed.

YAYYYY

So I thanked him, we exchanged a few goodbye pleasantries, and I was about to be on my way when I turned around and went back to ask for that decision in writing.

He hemmed and hawwed, leaned over to the clerk, they mumbled and fumbled, he called the prosecutor back over and asked if she was okay with the dismissal and "everything".

I objected because it was already dismissed. They all ignored me. The prosecutor started stammering and rambling about all kinds of irrelevant things... the clerk said something was odd about my paperwork... suddenly a bailiff and some other officer took me and my family out of the courtroom down the hall into some dark back corner and then separated us... made my family sit in the hallway, wouldn't let any witnesses in the little room where they forced me to sign against my will some paperwork of theirs I'd never seen before and was given no opportunity to even read; they were in a big hurry and I had to sign it quick. All I could make out was that it was something dated over 3 months ago, notarized by someone who says I swore it out in his/her presence.

I didn't want to falsify their unknown paperwork but they said they'd immediately haul me off to jail if I didn't. All I could think of was my family's safety.

After I signed their documents, I asked for a copy and they wouldn't give me a copy. They took me back into the courtroom and everybody pretended like nothing happened. So twilight zone! Then the judge said he was going to reset my case and I would have another pre-trial in a month.

Is this truly as bizarre as it seems to me?

Link | Top | Bottom

CHRIS4


Joined: 11/08/13

Posts: 58

RE: Case dismissed! and then... wait for it... UN-DISMISSED?
02/13/17 3:39 PM

OMG!

If this is true, then you should not have signed any documents that was noticed during court.
If you learned anything from Dr. Graves course, is that coercion is a crime and you cannot be hauled off to jail without due process.
Also which court tribunal are you in? Only Article 3 court can send you to jail.

I am having a hard time believing this story.

Link | Top | Bottom

JURISDICTIONARY


Joined: 11/23/13

Posts: 142

RE: Case dismissed! and then... wait for it... UN-DISMISSED?
02/17/17 10:08 AM

You should have quit while you were ahead. You had the dismissal ON THE RECORD and could later have RELIED on that record IF IT BECAME NECESSARY TO DO SO. Everyone absolutely MUST remember we are not dealing with a "machine" when we go to court. We are dealing with real, live people who get offended and angry (just as we ourselves do) when others give us a hard time. You didn't need the writing. You weren't taking "YES" for an answer, and that's always a bad idea. I learned long ago when a judge gives me what I want to say, "Thank you," and rely on the court record if there are problems down the road. Hope this helps everyone in this thread.

Link | Top | Bottom

Next Page

1

Previous Page

New Post

Please login to post a response.