Need help with sample documents

[Michel]

I'm trying to type up my request for verified complaint to file tomorrow(one day before my arraignment) but I'm having trouble converting the codes for California for NJ.  I'm looking through here http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=41392632&depth=2&expandheadings=off&headingswithhits=on&infobase=statutes.nfo&softpage=TOC_Frame_Pg42 and am having trouble finding which law corresponds to filing a complaint.  I need to do this asap or I might just call for an extension but then that might make the case more difficult.

[Djehuty-M]

Just use generic CASE LAW to support your request. Traffic Ticket Manual lists various case law.

[Michel]

I'll just remove parts that reference California case law and shorten it out then.  Thanks!

[Djehuty-M]

If you can't ever find state case law, always use FEDERAL COURT case law to support your arguments because federal law is accepted by all state courts.

[Michel]

Well I just finished typing up the docs for the affidavit of pov., affidavit, request for VC, and it took me a couple hours.  I had to make sure I didn't have any california's, John Does in there.  Tomorrow(well today since technically in my time) i'll file these out. 

[spielz]

Cool dog,
 good luck. It will go well.

[Michel]

Oh man lol what a morning.  I was up till like 3 last night typing the pleadings.  This morning everything went a wreck, no printer ink, no money to pay for papers.  I had to get some money(stupid paypal debit card) and then I went to the local library to print them out.  I brought the request for VC and affidavit and the cashier didn't know what to do with them.  I just told her to make a copy and asked for her name so I can bring it up if needed tomorrow.  I hope it will go well.  I will just skip my testimony and plead 'not guilty' so I can get it over with. 

[Djehuty-M]

Oh man lol what a morning.  I was up till like 3 last night typing the pleadings.  This morning everything went a wreck, no printer ink, no money to pay for papers.  I had to get some money(stupid paypal debit card) and then I went to the local library to print them out.  I brought the request for VC and affidavit and the cashier didn't know what to do with them.  I just told her to make a copy and asked for her name so I can bring it up if needed tomorrow.  I hope it will go well.  I will just skip my testimony and plead 'not guilty' so I can get it over with. 

LOL!!!

Clerks don't be knowing what to do with certain legal pleading because people generally don't file documents to contest traffic cases. We used to experience this same thing in Cali (L.A. County) but out here it's a brand new spankin' day!

[Michel]

Well I just gave her a copy and I remembered her name because she was the same cashier from earlier in Jan when I had a traffic ticket.  So the plan of skipping testimony to avoid f'n myself over and just pleading not guilty seems good.  The clerk just left the paper near her desk so I have her name and a copy to make sure the judge don't say no bs.  Also the font for the sample documents were too big or the margins were off because I had problems printing it.  I converted the pdf to a .doc file and edited the text but it was some problems.  The final copy didn't look too well but the info was there nonetheless. 

[Michel]

Today I went in and the judge was reading my brief and then started asking me what do I have to say about my argument.  I didn't know what to say so I told him I just want a trial.  He then told me he was gonna interrogate me or something like that and asked the prosecutor.  He tried to baffle me like why would I want to go against a 40 yr cop and some other shit.  He said whoever wrote it for me did me a disservice by embarrassing me. The prosecutor was kinda intrigued wondering if I really wrote it.  Other than that I got a trial date but now I don't know what the judge meant by 'interrogating' me.

[Djehuty-M]

Today I went in and the judge was reading my brief and then started asking me what do I have to say about my argument.  I didn't know what to say so I told him I just want a trial.  He then told me he was gonna interrogate me or something like that and asked the prosecutor.  He tried to baffle me like why would I want to go against a 40 yr cop and some other shit.  He said whoever wrote it for me did me a disservice by embarrassing me. The prosecutor was kinda intrigued wondering if I really wrote it.  Other than that I got a trial date but now I don't know what the judge meant by 'interrogating' me.

Beloved, never underestimate a judge and ALWAYS be prepared to battle (mentally). It wasn't the judge's fault today! It was yours! You were unprepared and the judge exposed this in you so the judge will not take you seriously because he knows you didn't create the Brief, for you can't create a brief and then not explain the arguments that the Brief contains. But don't give up or even be hard on yourself because there will be a next time and remember, you're learning!

The judge knew you wanted a trial because that's what a plea of "not guilty" means! LOL!!! The judge wanted to know if you knew YOUR argument that YOU typed in YOUR brief! I like this particular judge because he creates an opportunity in which I would have blasted his ass on the spot and messed him up because I would have been spitting from the top of my mind. Beloved, they fear you when you know what you're talking about. The court fears an astute citizen talking before a packed court on the level of an attorney.

NOTE: Judges HATE IT when you stay calm, cool, and collect. It gets up under their skin but they and the prosecutor have to respect you because you can't tell an intelligent (and legally astute) person any ole thing. When you stay calm you dictate the judge's behavior and if the judge loses it (acts a fool), he or she will be exposed, not you!

Okay, interrogate you? You gotta learn your defenses. The judge is NOT the prosecutor, only an impartial DECISION-MAKER. The prosecutor should have said he would interrogate you. The judge ain't got shit to say to you. So here's what you can say to the judge:

"Your Honor, are you counsel for the Plaintiff? "If you are I give notice that you are biased against me and I hereby give notice that I am recusing you EFFECTIVE IMMEDIATELY under my right to due process of law which guarantees me an impartial decision-maker!"

LOL!!!!!

See, argue the law while on the trial level in case you have to appeal. Always argue as if you are setting up your appeal. Appeals only deal with issues of law so you argue nothing but the law.

Boom! Just like that! And you REMAIN calm! You don't take this shit seriously!!! It's a Game! Wisdom wins the Game!

And remember, you can ask the judge what law authorizes a judge to interrogate a litigant.

Okay, let's just say you don't know the exact law that prohibits a judicial interrogation. So you make the judge give or show you that law to make your job easier. All you have to do is deny that any law exists. If it does exist, the judge will show you, thus making your research easy. Make the court give you what you need to get better and stronger. That's why I like federal court! They always support any action (including denial of a motion) with case law.

You can also ask a judge for a MINUTE. A MINUTE explains the judge's decisions and rulings and with case law or statutory law. You can use this information to research it on your own.

Why would you want to go up against a 40-year cop? Simple! Because it is my duty under the law. The law gives me the right to cross examine my accuser and it doesn't mention jack shit about how long the cop has been on the force or how old he is. So I'm doing it (cross examining the cop) because I have the right to do it and I'm exercising my rights. That's why! I'm doing what the law allows me to do.

Fuck a judge and simply worry about what the Legislature has allowed you to do!

[Djehuty-M]

Now prepare for your trial! Get your cross examination questions together. Go get the actual code section you were charged with and post the code section here and we will break down the elements and convert them into questions for the bitch ass cop.

This (cross examination) is covered in the TTTM (Vol. 1 or 2) but I'll walk you through it here!

[Michel]

Now prepare for your trial! Get your cross examination questions together. Go get the actual code section you were charged with and post the code section here and we will break down the elements and convert them into questions for the bitch ass cop.

This (cross examination) is covered in the TTTM (Vol. 1 or 2) but I'll walk you through it here!

LMAO!!  Djehuty don't make me go all Tupac like spielz did in there lol! 
Anyway here's the violation that was levied against me.

39:4-97. Careless driving
39:4-97. A person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving.

I was thinking today, what if I asked the officer can he prove it was my intent to drive carelessly or something like that.
http://www.judiciary.state.nj.us/rules/rules_toc.htm lists the rules of court in NJ.

[spielz]

LMAO

No you wont do as I did. What I did was just dumb ( I don't know shit yet, But I will soon enough). Djehuty will get you straight. It is possible he will try to rush you through the proceedings, try to ignore your filings and ask you questions to throw you off. When my judge did this to me I did not know how to slow his ass down. So I asked if he had taken an oath of office, he replied yes. I said are you practicing law from the bench because if you are I object. I should have worded it different, but he turned into a punk for a second until he regrouped.

By the way this happened when I was trying to cross the police officer and the judge keep interrupting. I had not received my Traffic ebooks at that time. I have it now and plan to sit in on court cases to get used to the setting and try to find the judges handbook as I have found this is their bible. Court rules and procedures I need to study for obvious reasons.

Example to why you need to be sharp. I tried to break down a code which applied to "person". I said according to code 123 the definition of person is: corporation, trust, entity, individual.  Before I could ask which one he thought I was, here comes the judge again. The " the law says you are a person" I was stuck, thinking back I should have just asked what law or code number.

Your nerves will get to you because we are not in this forum enough.

Thanks for sharing as I think we can all learn from each other.

One

[Djehuty-M]

Leave the person argument alone in court because so-called sovereigns overused it and it only piss judge's off. In statutory law, under "person" courts will say human beings are "individuals."

Learn to just focus on the code sections, breaking them down into elements. This is the path of least resistance. None of us is going to change the American court system. Too much is riding on it, including BILLIONS of dollars.

We must learn to be WISE and work our magic. We are to learn to be within the Matrix, but not of it!