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19213Re: [tips_and_tricks] I got a summons yesterday.

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  • Larry Milby
    Mar 3 7:44 AM
    I am in the State of New Mexico.

    About a month ago, on a Friday after 4:00pm,  I was pulled over, ostensibly, for
    speeding.

    I told the policeman I would sign.  Over my signature I wrote "Coactus Feci" and
    under the signature I wrote "All rights reserved." and UCC 1-308.

    I never showed up for "court".

    So now I have a summons with the order to appear on Monday morning, 09:00 am.
    for an "arraignment" .

     
     
    I may be a little late to do you much good at the arraignment hearing.  There is little one can do at arraignment for traffic violations other than just listen and try not to give them any more evidence that they can use against you.  What Carl wrote was good but I get the feeling you are wanting to fight this with both hands and feet.
     
    So to begin with, I will presume you have drivers license, registration and insurance.  If you don't that is OK, I think it is better in the long run if you have none of these, but if you do you must first agree that you have consented to being regulated and live with that fact.
     
    The court room is not the place for discovery.  All the questions you have listed are good discovery questions and should be asked, but I would not ask them at arraignment, not even at trial, all of these questions should be agreed to or disagreed to before trial.  I have personally won traffic felony charges, no drivers license, no insurance, counterfeit plates, forgery, concealment, no registration.  I will send you sample filings from my case in Md.  I must warn you, I am not a lawyer, I do not have a silver bullet for you to load into your gun.  My court filings are tools I have used to win my case.  The filings will not win your case, they are merely tools that you must learn to us to prove your position.  Think of your filing in this way, the documents become witnesses that you will place on the witness stand that will testify in your defense.  Justice is blind, it is not about justice, it is about who is the better chess player.
     
    Regardless of where your case is, file a Demand For Jury Trial, and a Demand For Speedy Trial.  These are not motions they are Demands written much like a motion but are not.  File all Demands and Motions separately so each has to be addressed separately.  This will buy to time to do some book study.  In most states six months later would be a early trial because of the back log of cases.  Next you will file a "Motion" For Discovery.  Discovery should be limited to the facts that support the charges against you and those persons who will testify against you.  Keep it simple, you are wanting to start a good working relationship with the DA's office or the Police Department etc.  You want them to comply with discovery.  You can always do follow up questions after discovery has commenced.
     
    Next and maybe the most important part of your defense will be to fill a "Bill Of Particulars or Request For Particulars."  Some states, use different terms so you must get out the rules book and do your home work.  The questions you have listed have nothing to do with the facts of the case, so none of them will be asked in discovery.  You will ask these and others in your Bill of Particulars.  I will send you a sample attached Demand for Jury Trial and Demand for Speedy Trial and a Bill Of Particulars.  The Bill will educate you more than I have time for.  You will study the flow of the questions and add your questions accordingly.  You need to direct case related questions to the DA, and certain question regarding Oaths of Office to the Clerk of the Court.  Do not insult the judge by asking him directly in a court room.  It is the Clerks job to assign judges to cases, the judge does not get to pick and chose.  After reading what I have attached, let me know if I can help you further.   Larry Milby Bravo18TC@...


     
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