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Motions

Discussion in 'Criminal Procedure, Criminal Court' started by NancyinNewYork, Feb 10, 2020.

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  1. NancyinNewYork

    NancyinNewYork Law Topic Starter New Member

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    I had 3 motions served on the DA. He said they were not valid. He was served by a non party, 7 days before the arignment, then again one month later. He refuses to answer motions. Court refused to grant an Order to show cause.. I have violations. What could I do next.
     
  2. Red Kayak

    Red Kayak Active Member

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  3. Highwayman

    Highwayman Well-Known Member

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    You have violations for what?

    Do you mean you are charged with violations?
     
  4. Highwayman

    Highwayman Well-Known Member

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    If you are criminally charged you get an attorney. That's it.
     
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  5. zddoodah

    zddoodah Well-Known Member

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    There's nothing anyone here can reasonably tell you other than that you appear to be in desperate need of any attorney. Why is that? Because your post includes zero relevant information:

    What sorts of motions? What is the general nature of your case (something more specific than "a criminal case")? How and by whom were the motions served?

    You served motions before the arraignment and then served the same motions again after the arraignment?

    Why?

    Why?
     
  6. army judge

    army judge Super Moderator

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    I don't know what you served, but you didn't serve motions.

    The nearest I can determine is that THIS describes what you attempted to have done:

    Copies of the notice of motion AREN'T motions and all supporting documentation must be served on all parties at least eight days before the date and time at which the motion is to be heard by the court.

    New York City Civil Court

    Whomever HE might be, HE is correct.

    You placed yourself in an untenable position.

    You need to hire yourself competent counsel if you want to have a chance of at lest being heard, assuming you have anything the court wishes to hear.
     
  7. P1776

    P1776 Member

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    You can represent yourself and be silly filing useless motions and making unshepardized arguments with no logic to the court on a crusade to fight the injustices of something trivial such as an argument with your local home owners association over extravagant christmas decorations on your front lawn in violation of covenants, ..........but NancyinNewYork, you do not need to play around with criminal charges or taunt the DA who is prosecuting you. You need to hire an attorney and listen to someone other than yourself.
     
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  8. NancyinNewYork

    NancyinNewYork Law Topic Starter New Member

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    Update... well I see I was brief in my statement. Too brief for proper reply.. Sorry

    The violations are 4 TICKETS the dog warden of the Town of Poughkeepsie NY issued. 2 are for no license, 1 for dog running at large, 1 for dog harassing person, said person a Cop. GIVEN in July 2019. I Appeared in Court, prior to 2nd appearance, 3 motions were served, returnable the day of court. I Moved for dismissal of all. The Towns lawyer, I found out to day, does not work for the DA. He misrepresented himself. He is Town hired. All 3 Motions, contained affidavits, exhibits, case cites and statements of law, from the NYS Agriculture section which governs licensing of dogs. In the mean time a Notice of Claim was filed against the Town, as I was injured the day that caused these tickets to be generated. The Claims..My belief, the accident caused by the Cop. And he n the warden gave false statements, which lead to the tickets.
    So. I returned in Sept. to court as I recall, Town lawyer told me I was not entitled to discovery, witness list, Notice to Admit, Intorrogatories or subpona because these are violations. However, he said he would tell the Cops to release recordings requested thru FOIL.
     
    Last edited: Feb 11, 2020
  9. NancyinNewYork

    NancyinNewYork Law Topic Starter New Member

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    Update... well I see I was brief in my statement. Too brief for proper reply.. Sorry

    The violations are 4 TICKETS the dog warden of the Town of Poughkeepsie NY issued. 2 are for no license, 1 for dog running at large, 1 for dog harassing person, said person a Cop. GIVEN in July 2019. I Appeared in Court, prior to said appearance, 3 motions were served, returnable the day of court. I Moved for dismissal of all. The Towns lawyer, I found out to day, does not work for the DA. He misrepresented himself. He is Town hired. All 3 Motions, contained affidavits, exhibits, case cites and statements of law, from the NYS Agriculture section which governs licensing of dogs. In the mean time a Notice of Claim was filed against the Town, as I was injured the day that caused these tickets to be generated. My belief, the accident caused by the Cop. And the false statements he made which lead to the tickets.
    So. I returned once in Sept. to court, Town lawyer told me I was not entitled to discovery, witness list, Notice to Admid, Intorrogatories or subpona because these are violations. However, he said he would tell the Cops to release recordings requested thru FOIL.

    Con...
    Now I heard nothing from the Lawyer n the court kept sending adjournment notices. In the mean time, since I was told he was ready for trial last year, I drew up a Motion, moving for dismiss for failure to prosecute and violation of my right to speedy trial.
    When I arrived at court I had to wait 3 hours! Only to learn a bench warrant was issued (found out today lawyer lied, there was none.) He told me he would not now drop any of the tickets n was ready for trial n he would give no discovery and not answer motions as he did not get them. Well this pissed me off.
    I pulled out the motion copy, signed recieved by his office, reminded him he made fun of my cites in the Motion. AND had quizzed the owner, who had come to court with me back in Sept., of the dog 1 ticket was issued against, as I was not the owner of one dog AND he had seen the license n tags for both dogs. HE said no that did not happen, now what was I going to do? I turned as I was leaving the office next to the court room n said, ask for an Order to show cause from the the judge.

    The Judge repeated his standard for the evening statement and asked me what I wanted to do. I told him I wanted an Order to show cause as to why the tickets should not be dismissed, returnable within 7 days, to be served on that lawyer. Now, while I m explaining, judge is telling me to shut up, I had already wasted half hour of his time, to which I answered, I'm here two and a half hours waiting in this court! He told me to leave and I replied he says there is a Warrant for me, If you dont listen what am I supposed to do? Now, this yelling match went on for 5 minutes. The cop who I knew came over to settle me and I demanded to right then n there to verify address. At this point judge asked again .. adjournment or trial. Answering, I turned and limped on my leg brace n cane out the door. LIMP YES, Did I mention the Cop caused me to tear up my knee in the altercation with him last year?




    The Judge repeated his standard for the evening statement and asked me what I wanted to do. I told him I wanted an Order to show cause as to why the tickets should not be dismissed, returnable within 7 days, to be served on that lawyer. Now, while I m explaining, judge is telling me to shut up, I had already wasted half hour of his time, to which I answered, I'm here two and a half hours waiting in this court! He told me to leave and I replied he says there is a Warrant for me, If you dont listen what am I supposed to do? Now, this yelling match went on for 5 minutes. The cop who I knew came over to settle me and I demanded to right then n there to verify address. At this point judge asked again .. adjournment or trial. Answering, I turned and limped on my leg brace n cane out the door. LIMP YES, Did I mention the Cop caused me to tear up my knee in the altercation with him last year?


    Today. I was advised to Motion for change of Venue ( because of the Notice of Claim)
    Motion for Judge to Recuse. I could also give Notice of Appeal, n take this mess to County court. But I dont see that procedure in CPL. Ok now tell me I'm over my head. Need a lawyer.. on $800 a month, thats out.
    Thanks.
     
  10. army judge

    army judge Super Moderator

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    YOU are, indeed, drowning by choice.

    You are attempting to make a mountain out of a gopher hole.

    You appear to have received citations for mere ordinance violations.

    You somehow decided to litigate these NOTHING events as if you were charged with murder, treason, and sedition.




    Knowing that your funds were limited, you chose to go after the elites.

    The elites don't fear anyone, even other elites.

    When you go after your betters, good is never enough.

    I suggest you show contrition, humility, and offer the elite(s) a FAKE, but SINCERE apology; and try to negotiate a deal.

    In these NOTHING matters, very often humility and an apology can result in a small fine, or even a dismissal of all but one NOTHING violation.

    I wish you all the best.

    No one has to know if you're sincere, actors fool people everyday all across the world on TV and in the movies.

    Heck, politicians grin, smile, shake hands, and tell lies; yet millions of people eagerly vote for the jerks.

    Good luck.
     
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  11. Zigner

    Zigner Well-Known Member

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    You got in to a yelling match with the judge?

    There are few more idiotic things that one can do in court. They're out there, but few and far between.
     
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  12. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    You are really lucky you didn't have to limp to jail on contempt charges.
     
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