I will wager they will dismiss with leave. Basically means they "put it on the shelf" - until a later time that they can gain a better toe hold in order to prosecute this matter.
I will wager they will dismiss with leave. Basically means they "put it on the shelf" - until a later time that they can gain a better toe hold in order to prosecute this matter.
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It may not go the way I say it should. But this way, Anthony Joseph will R4C timely and have a certified copy of that from his USDC evidence repository and the judge will deal with that. Even if AJ shows up restricted appearance (Rule E(8)) to prevent fraud on the court, the judge will have difficulty saying that he Failed to Appear, wont he? Imagine that! AJ is standing right there and the judge acknowledges his right to appear restricted instead of generally by complaining that he has failed to appear?
I have a very similar situation going. I R4C'd two tickets. One for no safety and one for no current registration. Return the contract to the Chief of Police. So far I have not received an invitation to appear. It has been 3 weeks. Should they demand an appearance, since I am in Thailand, I will have to R4C the invitation. So it will be interesting to see how both cases work out. Frederick Burrell
more than likely it is dismissed with leave [DWL] since these are infractions. There is probably a FTA but DWL. Awaiting you to really screw up and they will haul out all of this again. But then again, who knows.
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One thing I find interesting in my case is the officer wrote the ticket out to my true name and not the my legal name. Not sure how this will effect things. Frederick Burrell
this is exactly my point found HERE.
The officer is attempting to Construct a Trust. The NAME does not matter at Contract Law it can easily be overcome. DA to Officer - "is that him?" Officer: "Yes sir."
The name game at commercial law is not grounds for abatement. See the following Sanitized Report:
-----
17 MR. DA: --- Who -- whoever he
18 is, he's the person we're seeking to put on trial
19 today.
20 True Name: Does -- does the one
21 being put on trial not have to be named?
22 THE COURT: No.
23 True Name: Oh, so they don't have
24 to be named?
25 THE COURT: No. We -- we've tried
00047
1 John Doe's/
-----
4 MR. DA: Judge, the state is
5 contending, no matter what he may call himself today
6 -- he can call himself Mickey Mouse if that's what he
7 wants to call himself, but his body, that person, is
8 the one that this officer says was on that occasion
9 driving that motor vehicle.
10 What he wants to call himself, I really
11 don't care. We're here to try this person for the
12 charges issued by this officer. And we're ---
13 THE COURT: --- That's what the
14 trial will determine.
15 MR. DA: Right. .........
blah, blah, blah....
25 THE COURT: Well, we understand --
00015
1 and I'll be happy to refer to you as True Name --
2 that True Name is here for the trial of driving
3 with an expired registration plate and driving a
4 vehicle -- operating a vehicle without any license.
5 That's what we're here for trial.
6 The state will present any evidence that
7 you were the person that was present on......
-----
Your actions imply your trust! What you call yourself at commercial law really does not matter.
If he found TRUE NAME in the Federal Reserve Districts - moving on STREET/ROAD/HIGHWAY and TRUE NAME is with a Residential Address - well he has then conducted his Survey and found TRUE NAME within the STATE.
Was his survey correct? Only you know! A choice, yes?
Last edited by Michael Joseph; 03-27-11 at 02:33 AM.
The blessing is in the hand of the doer. Faith absent deeds is dead.
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Michael David
It would seem you are right in this regard. Interesting. Frederick Burrell
What came first man or name? Does law say man must accept whatever name given?