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when a pair of judges recuse, as they are to be witness Criminal Trials, Hearings

Discussion in 'Criminal Procedure, Criminal Court' started by keep_in-it-simple, Apr 9, 2017.

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  1. keep_in-it-simple

    keep_in-it-simple Law Topic Starter Member

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    Can these two requests that a charge be placed in a particular court, an overly friendly to them court, and extremely hostile to me court,can I then move that court to recuse as the county judge was unduly influenced by the previous two to place the charge in this other judges court (a geographically) connected town?
     
  2. Highwayman

    Highwayman Well-Known Member

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    Again, it's difficult to decipher what you're talking about. There is also no need to open multiple threads about your problem. Why isn't your attorney dealing with this?
     
  3. keep_in-it-simple

    keep_in-it-simple Law Topic Starter Member

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    BTW this new to the case judge, had previously(in the past two yrs) compelled me to proceed w/a trial when my PD did not show fer trial and the Judge denied a request to ajourn then finds me guilty for "walking w/traffic" and puts me in check when testimony involved swear words by the Responding Officer RO
    sorry I had to walk the 2 dogs just now so I was not near my comp for a response from U kind people
     
  4. keep_in-it-simple

    keep_in-it-simple Law Topic Starter Member

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    I did not know I had opened X' threads not familar w/forum decorum

    my attorneys are tired or somthing they will not answer my ?
    I am asking abouta pair of judges improper in my opine , action re: a case
     
  5. keep_in-it-simple

    keep_in-it-simple Law Topic Starter Member

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    what I am saying is that the two judges from the local that the charge started in, are actual witnesses in the case of wich they are influencing the county judge by mail to put, this case in a hostile court (they should not be declaring what court it(the case) should go to, I am trying to be coherant pls bear w/me
     
  6. keep_in-it-simple

    keep_in-it-simple Law Topic Starter Member

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    I must try to remain anonymous and not give to much info (for fear of further retribution by the authorities) but still get a differing view from others as I believe I may be partial to myself, as the saying goes (just the facts ma'am) I am trying to deliver raw facts to you all, not my prejudices
     
  7. keep_in-it-simple

    keep_in-it-simple Law Topic Starter Member

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    I hope that the implication is somewhat clear, that I have ineffectual counsel I dont mean to necessarily bounce everything off the wall , I am very frustrated , and am unsure how to proceed I cannot afford an attorney, I cant afford to purchase justice, I am poor in $, rich in life for what its worth !
     
  8. keep_in-it-simple

    keep_in-it-simple Law Topic Starter Member

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    I have fired my PD's but they say I cannot do that unless I hire an attorney, then and only then will the judge consider removing them, off my case, I actually fired them in writing yet they refuse to acknowledge, I am confused as to that they(the PD's office) can continue to this nonsense.
     
  9. adjusterjack

    adjusterjack Super Moderator

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    Other than the hospital thing you have several threads, apparently on the same court case (I don't know for sure because I'm not going back through them all to try to figure them out).

    https://www.thelaw.com/search/107506/

    So, please, DON'T open any more threads. Start from the beginning RIGHT HERE and summarize what your situation is chronologically.

    Like: On (date) I ___________. Then __________. I am being charged with ______________ and the statute number is ___________. Since then _______________ has happened.

    I hope you get the idea because the way you've been explaining things and asking questions has pretty much been incomprehensible.

    Oh, avoid any question that begins with the word "can" because anything "can" be done if it has already been done and knowing that won't help you.
     
  10. keep_in-it-simple

    keep_in-it-simple Law Topic Starter Member

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    OK I believe I understand what is required of me to get your opines, I hope I am in the same thread as B4, I will now attempt to give "just the facts" in a few felled swoops , I appreciate the guidence, bear w/me.
    august last yr., I am attacked by an unkown person as he did not appreciate my taking picture of cars in a parking lot the privious day, he sees me again the next day and aggressivly charges me from 350 ft. away, while yelling "you like taking pictures, U think its funny" he assaults repeatedly , I reatreat about 180 ft. and after getting winded, I stand my ground and declare that if he comes w/in arms reach again I will clock him in his head w/a construction broom that I seen laying on the ground, he does infact continue I then end it w/a masive blow to the arm (his arm, as I was aiming for his head, he blocked it but does retreat after that) I walk home and call the police, I know in advance they will do nothing for me and so I was ready when they showed up w multople recording devices, they(the cops) of course let me down and refuse to enforce the law on my behalf as a victem of a crime, in fact they wanted to arrest me cause I hit dude w/the broom, they watch the video of the attack, and I film them watching that as well, I then contact the court clerks, the DA, the local judge and ask for enforcement of law, all refuse, so I say OK then I will file the affidavit myself, they say U cannot yer not a cop, I insist fer 5 days of recorded calls , finally they aquiese after 5days, I then say ok I need the persons name held in the CR report, as U cant get a RO or a O of P against a john doe, they say hell know go knok on his door and ask him his name , I of course do not do that, as I thought that to be unwise, I finally see dude in the parking lot and ask him his name, his ole lady whips out the mace and I jump back, and walk away, they call the police as I use a walking cane always, the cops arrest me fer mencing 2'nd
     
  11. keep_in-it-simple

    keep_in-it-simple Law Topic Starter Member

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  12. keep_in-it-simple

    keep_in-it-simple Law Topic Starter Member

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    I then after a fwe moths get the PD,s office to make motion fer recusal as both judges and the clerks will be called as witnesses, and that they cannot preside over this case as they have intammit knowledge of the facts, they are not happy about my approach and at that point they (the judges in this local) do recuse , but in a letter to the county judge that my case is sent up too, they ask that it go to this other judge that I also do not get along w/he is hostile from the get-go, and wants to affix an OP against me but does not, but warns me to stay away from "my victems" who BTW reach out to me as it turns out we have a mutual friend, we agree to let it go multiple X's, but the DA is hounding them and threatining that they will be arrested if they dont show fer the BTRR, that is schedualed for late this month !
     
  13. keep_in-it-simple

    keep_in-it-simple Law Topic Starter Member

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    thats it in a nutshell,BTW the state offerd a ACD , and I said hell no,
     
  14. adjusterjack

    adjusterjack Super Moderator

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    OK, I understand it all now. Thanks. That's exactly what I was looking for.

    However, what's past is past and I think the only thing you need to pay attention to is the charge of 2d degree menacing and not dwell on anything else that has happened previously.

    According to the NY Penal Code 120.14:

    A person is guilty of menacing in the second degree when: 1. He or she intentionally places or attempts to place another person in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon, dangerous instrument or what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm;  or

    2. He or she repeatedly follows a person or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place another person in reasonable fear of physical injury, serious physical injury or death.


    New York Penal Law - PEN § 120.14 | FindLaw

    Even if your so-called "victims" do show up (I don't know what a BTRR is) I think the prosecutor would be hard pressed to get a conviction based on your description of events.

    You mentioned that your PD is not very helpful. If you aren't happy with his service you have the option of consulting a criminal defense attorney of your own who can give this the attention it deserves.

    I expect that a good defense attorney can tear these people up on the witness stand.

    The offered it because they know they don't have a case.

    PS: I deleted your other thread now that this one makes sense. Please keep future discussion to this thread and don't start any others. Thanks.
     
    Last edited: Apr 9, 2017
  15. keep_in-it-simple

    keep_in-it-simple Law Topic Starter Member

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    in the discovery packet it is acknowledged that I ask due his name, but that when I jump back and away at the sight of the mace , that at that point I lifted my cane in a "baseball bat like fashion" hence my weapon !
     
  16. keep_in-it-simple

    keep_in-it-simple Law Topic Starter Member

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    OK Thank You, BTRR= Bench Trial Reserving Rights, I have fired the PD's office in a letter ,but they refuse to acknowledge and insist that I cannot fire them,I cannot afford an attorney, and word got out that I intend to sue the county and the sheriffs as I have been documenting as best I can all things important for about 3yrs !
    Do I keep clicking reply to stay in this thread?
     
  17. keep_in-it-simple

    keep_in-it-simple Law Topic Starter Member

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    Can I post redacted documents in this sight, also I have been asking the PD's office for about 6 months for a "True and Complete" copy of the file to no avail
     
  18. Highwayman

    Highwayman Well-Known Member

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    So all of this nonsense and heartache for an ACD? And you are refusing it?

    Do you know what an ACD is? Are you in the habit of getting locked up? If not, then why would you simply take the ACD and make it all go away?
     
  19. army judge

    army judge Super Moderator

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    No need to post anything, mate.
    People have a good idea of what you've created for yourself.
    Its not complicated.
    You can go to trial, and hope you don't "seven out".
    Or, take the ACD and this dies immediately.
    ACD, "adjournment in contemplation of dismissal".

    An explanation of ACD, in NYC parlance:
    ...
    ...
    Adjournment in Contemplation of Dismissal
    ...
    ...
     
  20. adjusterjack

    adjusterjack Super Moderator

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    Your problem is that you keep doing stuff like that. You saw the mace but you weren't maced so you had no business raising your cane in a baseball bat like fashion. All you had to do was continue backing away. You could have and should have done that and called the police to the scene. You should have done the same thing in the previous situation. You were already out of harms way when you faced the guy and threatened to hit him if he kept coming. That wasn't self defense. You had plenty of opportunity to get away. You apparently have poor impulse control and it's going to keep getting you into trouble.

    Baloney. You don't have the money for a lawyer but you are making noise about suing the county and the sheriffs and you have no clue as to what that's going to take or cost so all you are doing is annoying the authorities. It's no wonder they are out to get you.

    Yes.

    Can't see what good it would do you, but OK, if you like.

    Why? What do you think you will accomplish by having it. You aren't a lawyer. You're already messing things up by acting out about everything else.

    I suggest you ask the PD how he plans to defend you if you won't take ACD.

    Start being more reasonable with people and the authorities and you might get somewhere.
     
    Last edited: Apr 9, 2017

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