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  • Wani
    Question: I was given a ticket/Citation from the local Sherriff. He put down my promise to Appear date July 26, 2011 at 1:30 AM (YES AM!!) if I go to the
    Message 1 of 5 , Jun 22, 2011
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      Question:           

       

      I was given a ticket/Citation from the local Sherriff.  He put down my promise to Appear date July 26, 2011 at 1:30 AM    (YES AM!!)   if I go to the court at that time with witnesses can I get my case dismissed since they are in default?

       

       

       

       

    • hobot
      Technically legally yes, but this happened to me, schedluded on a National Holliday as they were setting me up for a non appearance charge and warrant. Much as
      Message 2 of 5 , Jun 23, 2011
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        Technically legally yes, but this happened to me, schedluded on a National Holliday
        as they were setting me up for a non appearance charge and warrant. Much as list
        is about following correct b/w law that is not how the system usually works out for ya.
        If traffic court actually followed b/w law you'd have to have an Administrative procedure
        first to get due process - don't hold breath on that.  Better call to find out next step or
        expect added fake charges/warrant to deal with.  Deadlines in law are like that too,
        zero tolerance to your private side but sliding scale on Court side. Taxes too.

        hoboto

        On 6/23/2011 1:42 AM, Wani wrote:
         

        Question:           

         

        I was given a ticket/Citation from the local Sherriff.  He put down my promise to Appear date July 26, 2011 at 1:30 AM    (YES AM!!)   if I go to the court at that time with witnesses can I get my case dismissed since they are in default?

         

         

         

         


      • dave
        Re: Promise to appear at 1:30AM 95% odds.The prostitutor will review and try to correct and send you paperwork to change it either by personal service or mail
        Message 3 of 5 , Jun 23, 2011
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          Re: Promise to appear at 1:30AM

           

          95% odds…The prostitutor will review and try to correct and send you paperwork to change it either by personal service or mail or registered mail:

           

          ·         Don’t answer your door for personal service

          ·         Return their regular mail as “unable to deliver, return to sender.” [Cross out your name and address on the envelope and take to ANOTHER post office in neighbor town and drop in box.]

          ·         If certified mail simply don’t be there for the postman. They’ll put a slip in your mailbox….ignore it.

          ·         Show up at the place designated at 1:30AM with a witness. Wait 5 mins and leave.

          ·         Send court a simple “Notice of Fault—Failure for Moving Party to Appear—Automatic Dismissal.” [As agreed to on XYZ date, I agreed to show up at ABC location at 1:30AM. I did so and my witness signature and my signature attests to same below and that no representative of the moving party nor judge appeared. This case is automatically dismissed.”] If they give you a hard time say, “That was what appeared on the ticket. How do I know what government wants me to do—I am not a government employee. I showed, they didn’t, automatic dismissal, end of controversy.]”]

          ·         There is case law that says the courts are open 24 hours a day…..can’t recall it now. Now of course they aren’t really open 24 hours a day….move barely 6….but they claim the capability to open as such.



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        • Email41@aol.com
          Yep, did that once in a small rural municipality, Did an affidavit of appearance also added a complaint for obstruction of justice and denial of access to the
          Message 4 of 5 , Jun 23, 2011
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            Yep, did that once in  a small rural municipality, Did an affidavit of appearance also added a complaint for obstruction of justice and denial of access to the courts and mailed it according to the code of criminal procedure's rules. Never heard back from them as they probably never heard anyone complain about that either... It is a good idea to bring witnesses and have them submit affidavits also.


            I was given a ticket/Citation from the local Sherriff.  He put down my promise to Appear date July 26, 2011 at 1:30 AM    (YES AM!!)   if I go to the court at that time with witnesses can I get my case dismissed since they are in default?


          • vze4bqdp@optonline.net
            Since I have never seen a response to this question of yours, I ll offer one of my own. The short answer is that you have no obligation to correct the failures
            Message 5 of 5 , Jul 1, 2011
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              Since I have never seen a response to this question of yours, I'll offer one of my own.

              The short answer is that you have no obligation to correct the failures of the court or opposing counsel. If you appear at the "intended" time (as opposed to the appointed time, you may very well be forfeiting to a proper appearance in the process. That seems like something to avoid, I would think. Making a Special Appearance specifically for  the purpose of challenging personal jurisdiction may be the tactic of choice. In any event, this is not a "Nunc pro Tunc" opportunity, although you can expect some resistance in this respect.

              I had a similar experience some years ago with a subpoena served upon a family member specifically for the purposes of harassment. When the witness failed to appear for the 2pm hearing, there was a lot of chatter about issuing an arrest warrant to compel appearance. The judge knew something was up and was cautious enough not to sign the warrant, despite the push from the lawyer who had written the return appearance for "2 in the Forenoon." The subpoena had been scoured for errors without success by everyone in the room, and I was reminded that insignificant errors would not affect a duty to appear.

              I would not have acted as I did without the consent of the party subpoenaed, but I admit to having had visions of an action for false arrest.

              The only reservation I might have with your predicament has to do with the nature of your "court" and whether or not it amounts to anything more than an administrative hearing. I avoid administrative hearing in favor of court appearances, myself, but my impression is that most people in this group see advantages to avoiding the judiciary when possible. I would say that at the very least you would do well to determine exactly what venue you are in -- administrative or judicial -- looks can be very deceiving, and intentionally so! To a large extent where you are exactly may dictate your best approach.


              At 11-0623 02:42 am, you wrote:


              Question:           
               
              I was given a ticket/Citation from the local Sherriff.  He put down my promise to Appear date July 26, 2011 at 1:30 AM    (YES AM!!)   if I go to the court at that time with witnesses can I get my case dismissed since they are in default?


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