I Love going to court....honest....

[hook]

Mike  ???

That is the path she is going down. Click the link, and read, muthafuka!

I did. Its something completely different.

[hook]

So, are you still driving around 

Why, are you going to call the police?

[intergraph19]

Did the judge have you sign a waiver of rights before accepting your plea?

Unfortunatly I did, and it was the prosocuter who counciled me and I mentioned that today in court, on record I hope, and they did look a little worried about that.  I may be able to wiggle out of this, but I don't really know.  I called Jane and she suggested a guy she knows to talk to, just awaiting his call really.

[intergraph19]

So, are you still driving around 

Yes I am.  I got my license back as soon as I could and had I gotten the notice in a timly manner, I would have gotten this fixed before it became a suspension.

[president]

Did the judge have you sign a waiver of rights before accepting your plea?

Unfortunatly I did, and it was the prosocuter who counciled me and I mentioned that today in court, on record I hope, and they did look a little worried about that. 

You fucked up.

[Thespis]

Sure it does. Notice is an essential part of due process which is spelled out in the NH Constitution(Article 15). License suspension requires notification and opportunity for a hearing. Barring that, there is no suspension.

I was unaware of this.

I don't think this is the 'ignorance' ther refer too when they say that.

I'm only going on my personal experience, so I could very well be wrong. When I was 20 my license was suspended for six months because of a retarded law I was unaware of. I didn't know about the suspension until a month had passed, so I had been driving for a month on a suspended license. Fortunately, I was never caught, but when I asked around I was told that not knowing I was under a suspension wouldn't have been adequate defense had I been pulled over.

Anyway, intergraph, it sounds like you could still challenge the ruling because of the prosecutor thing.

[intergraph19]

Sure it does. Notice is an essential part of due process which is spelled out in the NH Constitution(Article 15). License suspension requires notification and opportunity for a hearing. Barring that, there is no suspension.

I was unaware of this.

I don't think this is the 'ignorance' ther refer too when they say that.

I'm only going on my personal experience, so I could very well be wrong. When I was 20 my license was suspended for six months because of a retarded law I was unaware of. I didn't know about the suspension until a month had passed, so I had been driving for a month on a suspended license. Fortunately, I was never caught, but when I asked around I was told that not knowing I was under a suspension wouldn't have been adequate defense had I been pulled over.

Anyway, intergraph, it sounds like you could still challenge the ruling because of the prosecutor thing.

That's what I'm hoping,but I need to get more info before I try that.  My next court date if Feb 10th, so I need to find out soon.  I hope I fight this, I so want to stick it to the State right now for their constant interferance in my life, as if they have that right, the tyrants.

[MaineShark]

From what I understand, pleading no-lo (sp?) is essentially saying you're guilty, but you're asking the court to forgive the charges.

Nolo contendere means "no contest."  It is not and admission of guilt.  Basically, it says "I refuse to either accept or deny guilt, but I am not going to contest the charges."

With a nolo plea, you don't have to worry that you can be accused of confessing to a crime, in future proceedings.

Basically, it's most similar to a not guilty plea, but essentially says, "look, regardless of my guilt or innocence, it's not worth my trouble to contest these charges, so I'll just go straight to the sentencing phase."

That's what I'm hoping,but I need to get more info before I try that.  My next court date if Feb 10th, so I need to find out soon.  I hope I fight this, I so want to stick it to the State right now for their constant interferance in my life, as if they have that right, the tyrants.

Attorney Penny Dean
Concord, NH
(603)230-9999

Tell her that you're a Free State Project member, and that Joe, who is from Maine and also a FSP member, and one of her clients (that should narrow it down enough so she knows who you're talking about) recommended her to you.  Penny is very talkative, and will probably be willing to give you some pointers, if you're clear up front that you were just hoping to get some free advice.  Believe me, she knows about some of the ridiculous stunts the State can pull.

My feeling would be that the case is without merit, because a crime requires mens rhea (state of mind - knowledge of the act), and they cannot demonstrate that.  Basically, since you didn't know your license was suspended, you couldn't possibly have known you were "driving with a suspended license."  This is different from "ignorance of the law is no excuse," as you are not claiming that you didn' t know it was an illegal thing to do, but rather that you didn't know you were doing it.

Or, more informally, it's like the movie plot where the villian attaches something contraption to a doorknob and leaves the hero to his doom, having set it up so the first person to turn the knob will trigger a device that kills the hero.  If you turned that knob, you would have killed the hero, but you would not be a murderer, because you had know way of knowing that it had been booby-trapped.  It's not that you were ignorant of the law against murder, but that you were behaving in a reasonable manner, without any knowledge that your actions might cause that result.

However, given your plea, I don't know how much you will be able to do, regarding fighting this.  In that way, you are trying to claim ignorance of the law, and they will rarely let it go.

Just be glad they're only trying to roll you for $600.  They're threatening me with seven years...

Joe

[intergraph19]

Wow, thanks!  I'll try to contact her tomorrow if I can!  What on earth are they trying to toss you away for, if I may be so bold?

[MaineShark]

Wow, thanks!  I'll try to contact her tomorrow if I can!  What on earth are they trying to toss you away for, if I may be so bold?

I'll let her know to expect your call sometime in the near future, and let her know that it's okay to fill you in on my case.

Joe

[Russell Kanning]

Well, I did NOT pay them the $600.00, nor will I pay them.  Kiss my behind.  I went to another hearing today and the judge told me that if I didn't pay the $600.00 by Feb 10th I migth as well "bring your toothbrush, cause you're going to jail for 10-12 days."  Since when does the court resort to these kind of tatics?  In any case, they are not getting my money, period.

Now that is the way to handle it .... just refuse to pay.
You can bring your own toothbrush? I will have to keep that in mind.

[intergraph19]

Well, I did NOT pay them the $600.00, nor will I pay them.  Kiss my behind.  I went to another hearing today and the judge told me that if I didn't pay the $600.00 by Feb 10th I migth as well "bring your toothbrush, cause you're going to jail for 10-12 days."  Since when does the court resort to these kind of tatics?  In any case, they are not getting my money, period.

Now that is the way to handle it .... just refuse to pay.
You can bring your own toothbrush? I will have to keep that in mind.

LOL  Well I knew I could count on your approval of my decision!  They won't send me to jail, I know that.  I'm not a "real" criminal for heaven's sake.  I wonder how much of their determination to get my money comes from the idea that I have money.  I've been dressed for work when I go to court and I wear nice clothes.  I think next time I'll come dressed way down and see if that helps!

[Russell Kanning]

I had that happen once .... they threw the book at me and a well dressed Japanese business man once in LA. They let all the others off with basically nothing. Now I just don't pay the bill or show up for court. It works much better.

[intergraph19]

I had that happen once .... they threw the book at me and a well dressed Japanese business man once in LA. They let all the others off with basically nothing. Now I just don't pay the bill or show up for court. It works much better.

Yeah well, I'm still going to show up at court, and work something out legally, like community service if I can't reverse the plea and fight this.  I don't really want a bench warrent or anything outstanding.

[Thespis]

From what I understand, pleading no-lo (sp?) is essentially saying you're guilty, but you're asking the court to forgive the charges.

Nolo contendere means "no contest."  It is not and admission of guilt.  Basically, it says "I refuse to either accept or deny guilt, but I am not going to contest the charges."

With a nolo plea, you don't have to worry that you can be accused of confessing to a crime, in future proceedings.

Basically, it's most similar to a not guilty plea, but essentially says, "look, regardless of my guilt or innocence, it's not worth my trouble to contest these charges, so I'll just go straight to the sentencing phase."

And, now you know why I don't (shouldn't) give legal advice.