Can you argue your NJ Municipal Court case, without being present in Court?
Oct 28th, 2007 | By Michael L. Saile, Jr., Esq. | Category: Blogs, Criminal & TrafficYes you can. The new amendments to the NJ Municipal Court Rules finally standardize the plea by mail procedures and the court form to be used.
In most traffic or parking offenses, a defendant may resolve the case by way of a guilty plea by mail or may plead not guilty and submit a written defense for use at trial by mail. The judge may permit the defendant to enter a guilty plea by mail, or to plead not guilty by mail and submit a written defense for use at trial, if a personal appearance by the defendant would constitute an undue hardship such as illness, physical incapacity, substantial distance to travel, or incarceration.
This procedure shall not be available in the following types of cases:
(1) traffic offenses or parking offenses that require the imposition of a mandatory loss of driving privileges on conviction;
(2) traffic offenses or parking offenses involving an accident that resulted in personal injury to anyone other than the defendant;
(3) traffic offenses or parking offenses that are related to non-traffic matters that are not resolved;
(4) any other traffic offense or parking offense when excusing the defendant’s appearance in municipal court would not be in the interest of justice.
Whether you have received a NJ speeding ticket, NJ careless driving ticket, NJ reckless driving ticket, or NJ uninsured driving ticket, if you can show the court a hardship such as residing 2 hours away from court or your inability to make a court appearance at any time due to your employment, we at Saile & Saile LLP can help.
This process does involve some extra paperwork. We usually get permission from our clients, in advance, to go to court, make arguments, negotiate with the prosecutor, and many times resolve the case in the defendant’s favor. We have even done a plea by mail case on an NJ DWI-DUI.
NJ courts now use a standardized form for pleas by mail. You can find the form here: NJ Municipal Court Plea By Mail Form.pdf
If you have been issued a NJ traffic violation call the experienced Municipal Court lawyers at Saile & Saile LLP. You may not have to be inconvenienced by appearing in court.
The author of this Law Blog, Bucks County PA & Mercer County, NJ criminal attorney, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law practices both New Jersey and Pennsylvania criminal, traffic violations, and DUI/DWI/DAI law. Check out our website for DUI penalties. We handle all NJ Municipal Court cases including DUI in the following NJ Municipal Courts: Hopewell Township, Ewing Township, Trenton, Lawrence Township, Hamilton, Pennington, and other Mercer County, Burlington County, and Camden County, NJ courts. We also handle lower bucks county DUI and traffic violation cases in the following towns: Bensalem, Southampton, Richboro, Newtown, Levittown, Langhorne, Doylestown, Warminster, Trevose, Feasterville, Warrington, Bristol, Fallsington, Morrisville, Yardley, New Hope, Holland, Washington Crossing, PA, and other Bucks County courts. We handle DUI cases in Philadelphia, Bucks, Chester, Delaware, and Montgomery County, PA. We are located just outside of Philadelphia in lower Bucks County.
Now that would be something. I put together a 100 page analytical argumernt against the Alcotest, with visual pictures to show what I mean.
Submit it is a defense, then appeal to the US Supreme Court if necessary.
At least it appears that this is a move in the right direction. Maybe this will help to eleviate all of the conjestion in the courts and get the open and shut cases over and done with?. Maybe Jim’s case can be processed in this manner?? Just find him guilty by mail, then send the police to come and take him to jail and get him off of the streets. I hope they don’t give him a lap top or internet access while he is serving his 90 days. One can only hope.
A first offense DYI CAN ONLY GIVE A 60 DAY SENTENCE AT MAX..
However, if this were the case, i would appeal pendinf sentancing all the way to the US Supreme Court.
There is no way the Alcotest can meet the Statute. Estimated BAC is not BAC .
CHANGE THE STAUTE TO READ “ESRTIMATED BAC” OR BACK OFF.
It is way too late to process my case in a legal manner.
I have been denied the DUE PROCESS the NJ Surpreme Court saught to ensure with its JAN 10 2006 ORDER, NOT AN OPINION, AN ORDER!!!!!!!!!!
No matter what i say, no matter what you say, no matter what lawyers say, … NO ONE CAN TURN BACK THE CLOCK ANBD GIVE ME A FAIR TRIAL
I can write till the cows come home, or remain silent, my rig\ht to a trial has been denied for 11 appearances and 789 days, and counting!
nothing i say, you say, or anyone says, can change that fact!!!!!
I should have been given a trial back shortly after jan 10, 2006!
Kevin, what part of due process do you not understand?
Maybe Mr. Saile can educate you. TelL us what you dont get. Tell us why I should be denied a trial for so long!
I am not a rewsident of GITMO! I DESERVE A TRIAl!.
KEVIN, JUST EXPAILN TO ME WHY THE PROSECUTOR IN MY CASE HAD THE RIGFHT TO DENY TO ME DUE PROCESS.
JUST EXPLAN IT TO ME, AND DO NOT DARE BRING UP ANY DEFENSE ISSUES, EXPLAIN IT FROM THE STATE’S PERSPECTIVE!
THE STATE HAD A FERE RIDE, SHORT OF A FUTURE RELIABILTY HEARING, WITH RESPECT TO THE BAC! THE STATES TREATMENT OF ME HAS BEEN INEXCUSABLE ON EVERRY AND ANY LEVEL!!!
LOL..Jimbo, you are too high strung buddy. I’m just razzin you. I knew if I made a comment about your case you would retetaliate with a snide comment back toward me. Just get off of bashing me and what I say and let’s get back to blogging about legal issues…I am sure that Mr. Saile does not appreciate us attacking each other on his message board. This is not the Howard Stern message board, it is a legal blog, let’s try to keep it sophisticated on here Jim. I will be the bigger man first and take the high road on this issue.
fine, EXPLAIN TO ME WHY I HAVE NOT HAD
A TRIAL IN LIGHT OF THE JAN 10, 2006 NJ SUPREME COURT ORDER ODER THAT ORDERED THE STATE TO PROCEED TTRIAL?
THATS ALL I ask, an argument against my stance. I AM TRYING TO UNDERSTAND.
Get the offiecers on stand, direct and cross, 2 years ago, then let the chips fall where they may!
Mt posts on this site are a strong argument for prejudice against me!
Jim,
Why do you take these things so personally? Are you a paronoid person in real life or just on this message board? Do you feel “everyone is out to get you”? Have you never picked up a newspaper or periodical before??? This delay in your trial IS DUE PROCESS!!!! This is how our wonderful legal system operated unfortunately. It is nothing personal against you. They do it to everyone buddy. They want to make you pay for getting in legal trouble and they want you to suffer and have it consume your life, which it has apparently done to you. Just take it as it comes and you will be much happier. I am not in your situation, nor do I ever want to be. I can only imagine how much a pain in the backside this whole ordeal is for you, all of the waiting for a final outcome and all the money it is costing, plus the stress. Just dont take it so personally, they do this to EVERYBODY!
I can not belive it is ever rght to disobey a NJ Supreme Court ORDER!!!!
The statute does not contain a penalty of failure of DUE PROCESS!
May suffering is enough!
Do you not think the State should prosecute me , or what?
Everyone is not in this circumstance, the nj sup\reme court was clear, proceed to trial!!!!
Lane Miller has no leg to stand on in front of the NJ Supreme Court!!
There are no arguments on record of any kind on the on the municipal level in my case! Let alone an argument not tfo proceed rto trial./
I A\M, NOT A RESIDENT OF GITMO, I GD WELL DEMAND A TRIAL ON MOVEMBER 14TH, NO MATTER WHAT!!!!!
Mr. Saile, am i entitled to a trial or not?!
forget the possible backroom defense stance, front room, front public view, am i , was i , not entitled to a trial?
Sorry Jim we can not post derogatory comments about individual lawyers, prosecutors, or judges.
Thats ok, as long as you read them. YOU KNOW MY ARGUMENT AND WHO THE PARTIES ARE. They are out of your working area anyway.
Is it degrogatory however?
Just for you to say to it is derogarotory to say a judge and prosecuyor has denied me constitutional rigtds to trial is enough to give me fight energy!
Mr Saile, i know you have given me an argument in the very begining of my posts why the State has not gone to trial in my case….. after all my arguments for due process, do you still feel the same way as a matter of law and/or on a persoanal basis?
Even my eperxt Chun attorney conceede he did not agree with the nj supreme court order to proceed to tial.
(it is his disagrremnt that brings impropriety to the issue.)
However, that is a nj supreme court oder and hence, law of the land.
Should i have not been allowed cross examination of my stop at this point?
My attorney did not give me an argument that said the NJ Supreme Court Order of Jan 10, 2006, supported the State not to go to trial. In fact, in my meetting with him in september of 2007, he said he disagrreed with the order to go to ttrial!
In esseance, he conceeded the point that the State was suppose to go to trial!
( inuendo, that he has somehow influenced the State not to trial my case, beyond my knowledge on controil, ….. i say that is ilegal and misconduct of the rules of professional conduct!!)
Mr saile, what do you really think????? based on the law
Whyy should i not take every shot possible to win, including rules of professioanl cobduct charges against my attorney?
Why would you file a professional ethics charge against your attorney?
I dont see how an action against your attorney could help you win your case.
You have the choice at anytime to fire your attorney. If you dont like what he or she is doing you can always get a new attorney.
Really? How would I pay for a new attorney?
One way to recoup monies is to file the complaint!
Also, if an attorney acts in blantant malpoactice in putting forth a defense, I belive a convicxtion can be overturened on appeal.. filing the complaint is a way to ge tthe ball rolling.
I have repeadedly in writing asked my attorney to investigate who the officer was that questioned me 5 minutes befoire my stop, in the next town over, and call him as a defense witness.
This officer must testify he did not smell alcohol or think AI was drunk! He has no choice. What is he is going say… he smeeled alcohol, thought i was drunk , and let me drive off, i think not!
If this part of the defense is not pursued it is legal malpractice. no?
You goi tto understand something, i have nothing to lose.
Once the case is lost, and 90 percent of the 3 page defense outline I gave my attortney to follow was not followed. I MUST PURSUE ANY MEANS i CAN TO GET THE CONVICTION OVERTTURNED, INCLUDING ACCUSING MY LAWYER OF MALPRRACTICE, ETHICS VIOLATIONS, AND RULES OF PROFESSIUONAL CONDUCT VIOLATIONS.
I also desperatley want a Law Division Judge /Panel to say the prosecutor was not obligated to follow the NJ Supreme Court Order of Jan 10, 2006 that ordered him to PROCEDD TO TRIAL.
I was entitled to have the police officers testify on direct and cross shortly afte trthe JAn, 10 2006 ORDER!
It is now November 2007 and this basic constitutional right has been denied me!
The NJ Supreme Court specificaly lifeted the ban on the prosecuitions and orderd the state to proceed to trial.
What part of that is not clear? From the State’s perspective.
I will not give away my entire defense, but below is an outline of the pretrial hearings and motions i am demanding.
A) Pre Trial Hearings
1) “Speedy Trial” Law , “Barker Argument” (71,72,67,74,86)
a) 60 day rule (35)
b) Chun Order, Ordered State “proceed to Trial” January 10, 2006 (35,7,40,41,46,69)
c) 4 Elements of barker (36, 37, 38, 38, 46, 51, 69)
1) Length (7,15, 30, 31, 32, 45, 46, 52)
2) Reason (30, 32)
3) Prejudice (30, 32, 36, 40, 45, 74)
4) Speedy Trial rights (30, 32)
d) American Bar Association – speedy trial rules (62)
e) Ethics (13, 15, 19, 30, 31, 32, 40, 42, 43, 44, 52, 64, 65, 71, 72, 67, 73, 83, 86)
f) Lazy (13, 31, 34, 36, 39, 40, 46, 69)
g) “Shepherd” – Court’s failure to (45, 52, 64, 65, 74, 86)
h) State V Farrell (35, 45, 51)
i) State v. Monteagudo (63)
j) Article 6 (13, 18)
k) Intentional and reckless conduct (13, 15, 66)
2) Discovery
a) Alcotest discovery not completed (31, 34)
1) 10 appearance 698 days, 11th appearance 789 days(31)
2) Prosecutor laziness( 31, 34)
b) Security Camera video tape – requested – not received,(2, 47, 48, 50, 74, 82)
1) Exculpatory evidence ( 47, 48 )
2) Ethics ( 19, 31)
c) Radio call logs
d) Officers service record
e) other town officer ( 2, 20, 23, 81, 82)
f) Sgt. — last 300 DUI arrest reports
g) State Police who have names on Alcotest reports must be called as witnesses
1)Mr. Levow said he would call everyone, in the April 5, 2007 answer to the Justices
a)we ned to do the same
3) Double Jeopardy
a) Careless and DUI
4) Terroristic Threats ( 42, 43, 44)
a) prosecutor— threatened to have people shot in Court
1) causing severe distress to attend court
5) Pre Trial Miranda Hearing ( 64, 65)
a) Miranda documents not in order
b) Errors
6) Motion to Suppress
a) Alcotest evidence
b) observation evidence
7)Motion to Dismiss (68, 71, 77, 67)
a) Speedy trial ( 13, 34, 32, 68)
b) Failure to turn over exculpatory video tape (68)
c) Failure of State to sustain a case ( 68)
It i smy right my my attorneys duty to argue each of theses points I have asked him to present the court, with detailed written and oral argument for each point!
I do not care if it takes 2 or 3 court sessions just to get through the pretrail motions and arguments!
My attorney must by law follow my “scope and objectives” or he is in violation of the Rules of professional Conduct!
Looking at the outline for my pretrail motions and hearings I want, you can imagaine my actual case defense is even longer an outline.
I deserve the best, most fullest, most complete, and mnost competant defense .
I deserve to have every detail argured and explored on record!
I deserve a fair trial. I have done the work in my case, my attorney only needs to present it!
We should even be considering get a State expert psychiatrist to trstify in a pre trtial hearing on what the words “stress and anxiety” mean and how a person can be affected by such a long ILEGAL delay!
That is one court session right there as far as I am concerned!
Although the law Division did say that the 19 month delay in the Farrel case was enough and that no showing of prejudice was necessary, i feel I must have all 4 elemants of Barker nailed down with argument on the municipal level so the Law Division can read it!
26 months = 789 days, 11 appearances and counting, is far far too much time, esPecially after the NJ Supreme Court Ordered the State to PROCEED TO TRIAL.
IT OWULD BE LEGAL MALPRACTICE FOR A SPEEDY TRIAL ARGUMENT NOT TO BE MADE!
A DEFENSE ATTORNEY’S OPINION DOES NOT MATTER ON THIS POINT. THE JUDGE’S OPINION IS WHAT MATTERS, AND THE DEFANDANTS RIGHT OT HAVE HIS SCOPE AND OBJECTIVES ARGUED TO THE JUDGE ON RECORD BY THE NJ DEFENSE ATTORNEY HE HIRED!
Mr. Saile, you missed my question, did not answer it.
I know at the very beginiong of my posts on here over 2 months ago you suggested I had to wait…
After having read all of my arguments and possibly re-reading the Chun Order of January 10, 2006, do you still belive the State was not legaly obligated to initiate a trial shortly after that order?
It is the initiation of the trial that is at the heart of the issue here.
I wanted to move to Florida over 2 years ago, but have been shackled here in NJ to attend 11 well spaced court sessions over 789 days!
We shoul dhave had a trial on January 11, 2006, win or lose, and only call me back one time for sentencing after chun, had some fionding of guilt be in whoole or in poart based on the BAC!
Thats it.
We could have won this case back then and we can win it now!
The issue of over 2 years delay, prejudice, and everything asscociated with Barker, and my Due process issues, have lead to many other issues now at this time!
The Sttae refuses to trial my case and refuses to drop the charges, my attorney refuses to argue the case an dfollow mty defense outline!
As i have said before, this is a complete meltdown of the judicial system on every level.
TO MAKE ME APPEAL A CONVICTION BASED ON SPEEDY TRIAL AT THIS POINT IS APPAULING, …
and if my arguments are not made by my defense attorney, this appeal must include legal malpractice.
I am no reinventing the wheel here, there have been appeals that claimed defense attorey should have made certain arguments and presentations to the court.
Ceratinly the RPC is clear that the scope and objectives as defined by a client must be adhered to.
As you can imagine, tension is building. Judge King’s report is due on Friday to the NJ SUPREME COURT.
I assume the Chun defense attorneys will get a copy of this report at that time as well.
I assume at least on of these attorneys is going to publish the report on their website.
Waiting for this report, man, its taking a lot out of my life.
IF THE REPORT DOES NOT FAVOR A DISMISSAL OF MY CASE, AT LEAST ON THE BAC, I AM GOING TO BE FULLY PREPARED TO HAVE MY ANALYTICAL ARGUMENTS PRESENTED IN MY DEFENSE.
aT THE VERY LEAST THE LOCAL JUDGE AND PROSECUTIR WILL BE EDUCATED ON ANALYTICAL INSTRUMENTATION.
MR SAILE, DO YOU THINK THE COURT COULD PRECLUDE MY ANALYTICAL ARGUMENTS?
OR MUST THEY BE WILLING TO HEAR THEM?
THATS ANOTHER BASIS FOR APPEAL, AT ANY RATE, I WOULD WANT A APPEAL JUDGE TO SAY NO TO ME.
I am a team player in my work. I FEEL PEOPLE WORKING TOGETHER SHOULD SIT DOWN, DEFINE OBJECTIVES, AND WORK ON A PLAN TO GET RESULTS, AT A CONFERENCE TABLE.
It is just work.
ia HAV E DONE A LOT OF RESEARCH, PUT TOGETHER OUTLINE AND DETAILED DECIRPTIONS OF MY ARGUMENT FOR EACH LINE ON THE OUTLINE.
My defense attorney has experience, access to case law, and the ability to strengthen my outline to a degree that MY DUI case could take more than several court sessions of testimony and argument.
This it what a fair trial entails.
Exploration and argument over every possible angle.
If PARESIDENT CLINTON can spend 5 hours of hearing time trying to define the word “is” , it is my right to explore the meaning of each and every word i can. on record.
Iaf we need to hire a person who works at WEBSTERS DICTIONARY, LETS DO IT.
i HAVE TALKED ABOUT THIS BEFORE.
Lets just take one observatuion made, “mussed” clothes.
The officer must be questioned as to what he believes the definition of mussed is, and what i was wearing and how it was mussed.
This line of questioning alone could take a while, short of the officer conceeding he does not remember what clothes i was wearing or how they were mussed.
This is just one word on a 6 page defense report.
It is not my agenda to go after the SGT. He was very nice to me and even told me at the end he would not, and did not, check the observation box on the report as a basis for the DUI ACHARGE. he SAID, AND THE THE REPORT REFLECTS, THE CAEE IS SOLELY THE bac.
however, we have no idea what the prosecutor is going to do,but, as he stated in a harsh tone, crazed in a way, that he will trial the case based on observatioons alone, at the end of my last court appearance when he tried to make an ilegal plea deal for reckless.
This statemrent by the prosecutor shows me that he has no idea what the case is!
If the prosecutor insists , and does, make the case based on observations, my defense must defend with full zealous.
This should have went on record long ago, shortly after the Jan 10, 2006 NJ SUPREME COURT ORDER, THAT ORDERED THE STATE TO PROCEED TO TRIAL.
my rights to due processs and speedy trial have been taken away from me by the local prosecutor. period.
TAHIS IS A WRONGDOING FROM ANY POINT OF VIEW, ESPECIALY FROM THE STATES POINT OF VIEW.
Mr, Saile, explain to me why in NJ, A DEFENSE ATTORNEY WOULD NOT BE LEGALY RESPONSIBLE TO PRESENT ON CORT RECORD A CLIENTS DEFINED SCOPE AND OBJECTIVES
CONVERSELY, MY ATTORNEY HAS EVERY RIGHNT TO GO TO A TRIBUNAL AND ASK OFF THE CASE.
HOWEVER, I HAVE DONE NOTHING IN THE RPC, OR THAT PARTICULAR AREA, TO WARRANT SUCH A MOVE ON HIS PART.
I WOULD FIGHT THAT WITH ZEALOUS!
I CAN NOT, EVEN AT THIS POIINT, ASSUME MY ATTORNEY IS NOT GOING TO MAKE THE ARGUMENTS I HAVE ASKED FOR.
IF IT GOES TO TRIAL, AND MY ARGUMENTS ARE NOT MADE, THAT IS SIMPLY ANOTHER BASIS FOR APPEAL.
I NEED TO TAKE EVERY SHOT POSSIBLE SO I CAN GAIN EMPLYMENT AGAIN IN MY LIFE!
i cant give up without a fight, can i?, should i?
What kind of defense attorney is going to admit they are willing to make an argument or 2, but not willing to make every possible argument from every possible angle to get a dissmissal or aquital?
DUI can be attqacked form 1000 angles and I have supplied my attorney the outline to foloow. period.
Mr. Saile, my posts 21 through 39, should answer your question of me in your post , number 20.
Are you prepared to answer my question yet?
Was i or was i not, am i, or am i not, entitled to have the officers testify to the stop and arrest, shortly after the nj supreme court order of jan 10, 2006.
a judge should decide the case, no a defense attorney!
a judge should decide what is relevant, not a defense attorney!
if a defense attorney wants to make theswse kinds of decisions, he should apply to be a judge!
i can not wait for the judges olbilgatory question, was i saitidfied with my defense.
only time will tell what answer i will give
all my arguments made, i am satified, thats it.
Mr, Saile, do you think my defense should should go into court, after 26 months time to prepare, make one or two medicocre arguments, lose the case, and me NOT file RPC CHARGES?
I hired a high profile DUI defense attorney.
I expect a high profile defense. It is now 26 months and I have not recieved a defense, in fact, i had to prepare the defense myself!
It has gone beyond the point where I can allow him to act freely without my input!
Legally, I feel I have every standing to dictate my defense, as i have in writing, and he has no legal standing to refuse to present it!
There should be no stone left unturned, including the definition of every word on the police report, even if the word is “is”!
Obviuosly i got screwed over in this case.
I would gladly accept my attorney refunding my money so i can find a well spoken attorney who wants to make a name for himself as a zealous attorney.
short of that, i have to go with him, see if he makes my arguments, and if not, file RPC charges
Do you see what I am talking about?
All the details have had time to settle in my head and be put in writting.
This is not a doing of mine. It is the sole responsibility of the STATES PROSECUTOR.
NOWE, IF THE STATES PROSECUTOR WANTS TO OPEN A PANDORAS BOX AND SAY HE WAS IMPROPERLY INFLUENCED, THAT IS OUT OF MY CONTROL, ALBIET WELCOMED.
MY ATTORNEY HAS SEVERAL LONG TIME PENDING DUI CASES IN THIS PARTICULAR CDOURT.. IF THE PROSECUTOR CLAIMS HE WAS ILEGALLY INFLUENED IN ONE, HE WAS ILEGALLY INFLUENED IN ALL CASES.
THIS COULD LEAD TO DISBARRMENT OF THE PROSECUTOR AS WELL AS THE DEFENSE ATTORNEY!
I AM NOT FOLLING AROUNG AROUND HERE.
THIS IS SERIOUS BUSINESS.
ALL PARTIES MUST OBEY A CLEAR AND DIRECT NJ SDUPREME COURT ORDER.
SHORT OF AN APPEAL TOP THE US SUPREME COURT!
as i statred before, win , lose, or draw, im filing cases against all parties, as well as a 5 million dollar law suit againt the state, town, and prosecutor.
I want a judge to rule!win or lose
Jim Says: Your comment is awaiting moderation. October 31st, 2007 at 12:18 pm Mr. Saile, you missed my question, did not answer it.
I know at the very beginiong of my posts on here over 2 months ago you suggested I had to wait…
After having read all of my arguments and possibly re-reading the Chun Order of January 10, 2006, do you still belive the State was not legaly obligated to initiate a trial shortly after that order?
It is the initiation of the trial that is at the heart of the issue here.
I wanted to move to Florida over 2 years ago, but have been shackled here in NJ to attend 11 well spaced court sessions over 789 days!
We shoul dhave had a trial on January 11, 2006, win or lose, and only call me back one time for sentencing after chun, had some fionding of guilt be in whoole or in poart based on the BAC!
Thats it.
We could have won this case back then and we can win it now!
The issue of over 2 years delay, prejudice, and everything asscociated with Barker, and my Due process issues, have lead to many other issues now at this time!
The Sttae refuses to trial my case and refuses to drop the charges, my attorney refuses to argue the case an dfollow mty defense outline!
As i have said before, this is a complete meltdown of the judicial system on every level.
Jim Says: Your comment is awaiting moderation. October 31st, 2007 at 12:38 pm Sometimes I think defense attorneys are out of touch with their client’s needs, feelings, emotions, thoughts, stress, worries, obligations, futures, and well being.
Defense attorneys , especially municipal court attorneys, appear in court several times a week and lose touch with whats going on because the outcome will not affect them.
Because of the delay in my case i have put togetther a solid defense, oulined it, and have the details written out as well to the outline.
NJ LAW requires my outline be followed. Am i wrong? As long as the defense in of itself does not break any laws/statutes!
Is is too much to ask in NJ THAT ARGUMENTS BE MADE AND A JUDGE MAKE A decision?
tell me if it is.
Jim Says: Your comment is awaiting moderation. October 31st, 2007 at 12:55 pm TO MAKE ME APPEAL A CONVICTION BASED ON SPEEDY TRIAL AT THIS POINT IS APPAULING, …
and if my arguments are not made by my defense attorney, this appeal must include legal malpractice.
I am no reinventing the wheel here, there have been appeals that claimed defense attorey should have made certain arguments and presentations to the court.
Ceratinly the RPC is clear that the scope and objectives as defined by a client must be adhered to.
As you can imagine, tension is building. Judge King’s report is due on Friday to the NJ SUPREME COURT.
I assume the Chun defense attorneys will get a copy of this report at that time as well.
I assume at least on of these attorneys is going to publish the report on their website.
Waiting for this report, man, its taking a lot out of my life.
IF THE REPORT DOES NOT FAVOR A DISMISSAL OF MY CASE, AT LEAST ON THE BAC, I AM GOING TO BE FULLY PREPARED TO HAVE MY ANALYTICAL ARGUMENTS PRESENTED IN MY DEFENSE.
aT THE VERY LEAST THE LOCAL JUDGE AND PROSECUTIR WILL BE EDUCATED ON ANALYTICAL INSTRUMENTATION.
MR SAILE, DO YOU THINK THE COURT COULD PRECLUDE MY ANALYTICAL ARGUMENTS?
OR MUST THEY BE WILLING TO HEAR THEM?
THATS ANOTHER BASIS FOR APPEAL, AT ANY RATE, I WOULD WANT A APPEAL JUDGE TO SAY NO TO ME.
Jim Says: Your comment is awaiting moderation. October 31st, 2007 at 1:09 pm I am a team player in my work. I FEEL PEOPLE WORKING TOGETHER SHOULD SIT DOWN, DEFINE OBJECTIVES, AND WORK ON A PLAN TO GET RESULTS, AT A CONFERENCE TABLE.
It is just work.
ia HAV E DONE A LOT OF RESEARCH, PUT TOGETHER OUTLINE AND DETAILED DECIRPTIONS OF MY ARGUMENT FOR EACH LINE ON THE OUTLINE.
My defense attorney has experience, access to case law, and the ability to strengthen my outline to a degree that MY DUI case could take more than several court sessions of testimony and argument.
This it what a fair trial entails.
Exploration and argument over every possible angle.
If PARESIDENT CLINTON can spend 5 hours of hearing time trying to define the word “is” , it is my right to explore the meaning of each and every word i can. on record.
Iaf we need to hire a person who works at WEBSTERS DICTIONARY, LETS DO IT.
Jim Says: Your comment is awaiting moderation. October 31st, 2007 at 1:28 pm i HAVE TALKED ABOUT THIS BEFORE.
Lets just take one observatuion made, “mussed” clothes.
The officer must be questioned as to what he believes the definition of mussed is, and what i was wearing and how it was mussed.
This line of questioning alone could take a while, short of the officer conceeding he does not remember what clothes i was wearing or how they were mussed.
This is just one word on a 6 page defense report.
It is not my agenda to go after the SGT. He was very nice to me and even told me at the end he would not, and did not, check the observation box on the report as a basis for the DUI ACHARGE. he SAID, AND THE THE REPORT REFLECTS, THE CAEE IS SOLELY THE bac.
however, we have no idea what the prosecutor is going to do,but, as he stated in a harsh tone, crazed in a way, that he will trial the case based on observatioons alone, at the end of my last court appearance when he tried to make an ilegal plea deal for reckless.
This statemrent by the prosecutor shows me that he has no idea what the case is!
Jim Says: Your comment is awaiting moderation. October 31st, 2007 at 1:40 pm If the prosecutor insists , and does, make the case based on observations, my defense must defend with full zealous.
This should have went on record long ago, shortly after the Jan 10, 2006 NJ SUPREME COURT ORDER, THAT ORDERED THE STATE TO PROCEED TO TRIAL.
my rights to due processs and speedy trial have been taken away from me by the local prosecutor. period.
TAHIS IS A WRONGDOING FROM ANY POINT OF VIEW, ESPECIALY FROM THE STATES POINT OF VIEW.
Jim Says: Your comment is awaiting moderation. October 31st, 2007 at 2:12 pm Mr, Saile, explain to me why in NJ, A DEFENSE ATTORNEY WOULD NOT BE LEGALY RESPONSIBLE TO PRESENT ON CORT RECORD A CLIENTS DEFINED SCOPE AND OBJECTIVES
Jim Says: Your comment is awaiting moderation. October 31st, 2007 at 2:21 pm CONVERSELY, MY ATTORNEY HAS EVERY RIGHNT TO GO TO A TRIBUNAL AND ASK OFF THE CASE.
HOWEVER, I HAVE DONE NOTHING IN THE RPC, OR THAT PARTICULAR AREA, TO WARRANT SUCH A MOVE ON HIS PART.
I WOULD FIGHT THAT WITH ZEALOUS!
I CAN NOT, EVEN AT THIS POIINT, ASSUME MY ATTORNEY IS NOT GOING TO MAKE THE ARGUMENTS I HAVE ASKED FOR.
IF IT GOES TO TRIAL, AND MY ARGUMENTS ARE NOT MADE, THAT IS SIMPLY ANOTHER BASIS FOR APPEAL.
I NEED TO TAKE EVERY SHOT POSSIBLE SO I CAN GAIN EMPLYMENT AGAIN IN MY LIFE!
i cant give up without a fight, can i?, should i?
Jim Says: Your comment is awaiting moderation. October 31st, 2007 at 2:24 pm What kind of defense attorney is going to admit they are willing to make an argument or 2, but not willing to make every possible argument from every possible angle to get a dissmissal or aquital?
DUI can be attqacked form 1000 angles and I have supplied my attorney the outline to foloow. period.
Jim Says: Your comment is awaiting moderation. October 31st, 2007 at 2:43 pm Mr. Saile, my posts 21 through 39, should answer your question of me in your post , number 20.
Are you prepared to answer my question yet?
Was i or was i not, am i, or am i not, entitled to have the officers testify to the stop and arrest, shortly after the nj supreme court order of jan 10, 2006.
Jim:
I think once the Alcotest machine is approved by the NJ Supreme Court, most of not all NJ Municipal Court judges will not entertain your analytical arguments.
You will have to somehow get the matter back before the Supreme Court and prove that the infomation that the NJ Supreme Court is now making a decision is bad information.
This could possibly take several years.
Jim:
I told you, I like some of your arguments. I will not comment on your personal situation because I am not you lawyer and you are not my client.
I do not know the facts of your case, therefore, I am not in a position to determine your best defense.
I suggest that if you are unhappy with your present attorney, you should talk to he or she and work out your differences. Schedule a meeting in his or her office so that you can talk face to face. This will force your attorney to address your concerns.
If that does not work, you should find a new attorney before trial.
I have already pursued the meeting phase to no avail. it was terrible meeting..
i think you are wroing on thids point. i have already paid a top, high profile, nj dui attorney money to see it thorugh.
My NJ Dui attorney is obligated to argue my defense, is he not?
fmy cas eid not argued i canh appeal, .. i have no money to hire an alternate attorney!
I AM OU TOF WORK BECAUSE OF THE STATES PREJUDICE AGAINST ME!!!!!!!!
THATI S FINE ABOUT THE MUNICPAL COURT JUDGE NOT ALLOWING MY ANALYTICAL ARGUEMNTS, i HAVE A RIGHT TO APPLEAL.
i HAVE A BASIC RIGHT OT A GD TRIAL BEFOIRE I GET THERE.
I NEED ARGUMENTST BE MADE! OR I WILL GET NOWHERE!!!!!
I WANT ARGUMENTS TO BE MADEI N FRONT TOF THE BENCH, STAETING ON THE MUCNICIPAL LEVEL. IS THAT SO HARD TO UNDERSTAMND?
Jim how are you going to appeal your case if you do not have the funds?
WHAT FUNDS ARE NEED TO APPEAL, IT IS JUST PAPER WOREKM I CAN DO MYSELF AT THAT POINT. The farell paperwork is published , i can copy it and add to it!!
Furhtermore, the particulars of my case and NJ dui cases, do not pertain to my questeion….
Mt questiuon is, “do you believe the State had no legal responsibility to obey the NJ Supreme Court Order of Jan 10, 2006??
Answer it, at this time!
Mr Saile, you have giving your opinions on here many times..
do you believe the State had no legal responsibility to obey the NJ Supreme Court Order of Jan 10, 2006??
for that matter, do you belive a state’s prosecution has a legal respo9nsibility to obey any nj sdupreme court order?
It is not even an opinion i am asking you for,
I am asking you 2 questions, that are not specific to my case.
1) Do you acknowledge the NJ Supreme Court wrote and signed an Ordrer on Jan 10, 2006 that ordrred prosecutions to proceed to trial for the Alcotest?
2)Do you acknowledge the State needed to follow that order and PROCEED TO TRIAL?
These are not difficult questions.
Blogorrhea
A portmanteau of “blog” and “logorrhea”, meaning excessive and/or incoherent talkativeness in a weblog
Here the link the State of NJ has for instructions and forms on how to appleal a municpal court decision.
http://www.judiciary.state.nj.us/prose/10559.pdf
It does not look like it will cost a lot, just money to send first class return receipt mail. The trranscripts can be had for nothing it says if the person can not afford them.
Looks like the whole thing would be less than 100 bucks easy.
Besides, i cant use my atorney to appleal, if I want to name him as one of the reasons for appeal
Tim I am sure Kevin would agree with you.
Wow,
I cant believe I read this whole blog…I am also waiting on the Supreme courts decision for about 2 years now….Jim you are going to give yourself a heart attack…and I feel like I am now less intelligent for having read it.
i will await your apology..you wasted my time, just like you are wasting yours with these rediculous arguments….
Mr. Saile– talk about ideal clients?
LOL!
Sorry Ryan if you have read through every word….had to be painful.
If Jim has a heart attack he may want to bring an action against the State of New Jersey for the stress!
Jim,
I figured that you would probably want hire a lawyer for an appeal. Appeals are complicated and involve strict rules and procedure, let alone arguing your case before the Appellate Division.
I have performed analytical methods that are a hundred times more complicated and many more steps than the 8 page instrucions on how to file an appeal..
You dont think I can follow a simple 8 page instruction packet?
I believe the appeal goes to the Law Division not the appealate division.
It is an open and shut case on appeal. There can be no reason or excuse to disobey the NJ Supreme Court.
Every citizen of NJ has the right to expect out State Officials to obey the Nj Supreme Court.
What the State has done in my case has not only hurt me, but hurt every citizen of NJ.
If hte State did not want to go to trial in my case they needed to appeal the NJ Supreme Court Order to the US Supreme COurt. They did not do this.
Instead the State has stolen 2 years ofmy life and have no reason or excuse for it, stolen my freedom, stolen everyone’s freedom.
Is the Nj Supreme Court’s decision on the Alcotest going to mean anything or carry any weight for example? I would think it will.
It will carry the same weight the Nj Supreme Court Order of Jan 10 , 2006 should have had.
Only the State ignored and disobeyed that Order>
With absolutley nothing on record in my case, from any party to justify a delay, the Law Divison is going to have no choice but to say my rights were violated, that the NJ Supreme Court Order needed to be followed!
I will win that argument with little effort or expense on my part!
I will be shocked if the Law Division says the a Nj Su[reme Court Order need not be taken seriously and does not really have to be followed or obeyed.
Wont you be shocked?
It is a basic Due Process vilation that has led to many negatives in my case.
Local Court’s are suppose to uphold Nj Supreme Court Orders.
Ultimatetley, I feel the Court is going to squirm through some hole, and all the blame is going to go on the prosecutor, and that would be fine.
Mr. Saile
If it was the Supreme’s Court intention to have a stay on trials, they would have said that, and upheld a Middlesex County Judges STAY, they did not do this, they Ordered tprosecuitions to proceed to trial.
If there were some legitmate defense argument to not have a trial in my case, it would have been argured on record, … if there was a legitimate prosecution argument to not have a trial in my case, it would have been argued on record. — NO ARGUMENTS WERE MADE OF ANY KIND.
I HAVE BEEN LEFT TO HANG IN THE WIND FOIR 11 APPEARANCES OVER 789 DAYS, GETTING SENT HOME EVERYTIME WITH NO VALID REASON!
MY postings on this site are clear indication of the prejudice I have suffered.
There are so many violations in the handling of my case, the list would go on and on and on.
The law division is going to be blown away when they see what I have to argue.
Jim I hope you win so that you can put this behind you and you can move on with your life.
Maybe something good will come out of this. Maybe you will go to law school after your fight.
You really do not believe someone as incoherant as me good pass law school, do you?
I took the Rugtgers Camden Law School entrance apitiude test they had online a few years ago and scored like 80 percent without having any law schooling at all.
The fact is over 2 years of my life has been stolen by the State, for failing to obey the NJ Supreme Court Order, the Chun Order.
This is a punishment that goes far beyond the Statue for a first offense low level DUI with no special circumstances of any kind.
Punishment for low level motor vehicle violations should never include the taking away of basic constitutional rights!
The burden must be 100 percent on the State to go in fron tof the judge and say, your honor, I am ready for trial. Defnse motions and objections can then be heard.
The States refusal to initiate the process in my case is a clear Due Process Violation!