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Posts posted by SpecOps2087
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If they have not provided you with discovery - or provided it 2 days before trial (it is a trial...) then you have the right to ask for and demand a continuance because the PROSECUTOR FAILED TO REPLY TO YOUR WRITTEN REQUEST FOR DISCOVERY in a timely fashion. Do not buckle. Do NOT let your legal process be railroaded. Explain to the judge that you either "just" received discovery or have not YET received discovery. The judge will just set a new date. If the prosecutor continues to fail to provide discovery then you should notify the judge.
By the way... Perjure from the Latin perjurare "to swear falsely"
Yep, I will be requesting discovery and demand to face my accusor (his firefighter buddy that apparently ID'd me since the cop couldn't do that...already illegal there )
And yes, I know my spelling is terriable especially when it comes to latin words and such
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I've never done any of this before (100% clean record) so excuse the probably lame questions, is the court date listed the date where I must present my case to the judge / question the clocking officer and the officer that actually pulled me over / person who ID'd me? Or is the first court date to talk to the DA, discuss a plea bargin (not going to happen btw), and set a trial date for sometime later?I just want to be prepared with all of my evidence / questions if the day listed on my ticket is the day I must actually defend myself in court. I look forward to making this guy purger himself on the stand...
The prosecutor will not be prepared to try your case on your first appearance. I doubt you would be able to obtain your discovery by then anyway. The judge will only read off your charges and accept your not guilty plea and advise you to seek legal council. Kind of a waste of your time.
Ok, that's what I figured would happen. The police captain advised me to go in for this court date to talk to him and see if he will just drop the charges due to insufficent evidence beyond a reasonable doubt (don't you also have to prove I was the one driving the car along with IDing the car itself?)
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I've never done any of this before (100% clean record) so excuse the probably lame questions, is the court date listed the date where I must present my case to the judge / question the clocking officer and the officer that actually pulled me over / person who ID'd me? Or is the first court date to talk to the DA, discuss a plea bargin (not going to happen btw), and set a trial date for sometime later?
I just want to be prepared with all of my evidence / questions if the day listed on my ticket is the day I must actually defend myself in court. I look forward to making this guy purger himself on the stand...
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If this goes all the way, here comes NJ CCW...plain and simpleNot exactly..what it will do is open the door for NJ CCW..it is still going to take multiple lawsuits to get NJ to comply.
Well yes, that's a given, but the floodgates are open
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If this goes all the way, here comes NJ CCW...plain and simple
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Thank you for the advice e80!
Suprisingly, the police captain called me back to hear my side of the story. I appologized for getting a little heated with the dispatcher and gave my story. He was very laid back, even laughed at all of the inconsistencies, and recommended that I go to court and talk to the prosocuter. He did say he hasn't talked to the officer yet but says if everything I say is true, the charges will be dropped. Only issue is that the mircrophones in the police cars havn't worked in some time apparently, I'm afraid the cop will change his story as soon as he talks to the judge or whoever.
Makes me feel better about the situtation....
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Do police have microphones on them when they stop you?Long story short, cop pulls me over, admits he didn't actually see me but gives me a speeding ticket anyway.
I know damn straight when I go to court he is going to deny ever saying that and it will come down to my word against his. Even though I work for the navy, a cop can NEVER be wrong so I guess I'm boned?
I will fight this to the end...the ONE time I'm actually NOT speeding is when I get a speeding ticket? Oh the irony
I believe that every department has MVRs nowadays. Talk to the Records Bureau of the PD who issued the ticket and get a copy of the MVR footage for your stop. You can then present that in court.
I will do that, thanks!
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as with any driving ticket they will likely try to play the "here you pay this fine you get no points" game..
were you HONESTLY speeding?
If anyone knows traffic on route 9 at 4:30pm in the afternoon, they could all atest it is pretty much impossible to speed, total grid lock. I was the last car to go through the traffic light (I thought this was why I was stopped) so there were easily 15 cars ahead of me and with NJ having a huge left lane hugger problem, there is no way I could have been speeding.
As I said, the ONE time I don't speed is when I get a ticket of driving "a silver 4 door subaru..." talk about beyond a resonable doubt huh?
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Do police have microphones on them when they stop you?
Long story short, cop pulls me over, admits he didn't actually see me but gives me a speeding ticket anyway.
I know damn straight when I go to court he is going to deny ever saying that and it will come down to my word against his. Even though I work for the navy, a cop can NEVER be wrong so I guess I'm boned?
I will fight this to the end...the ONE time I'm actually NOT speeding is when I get a speeding ticket? Oh the irony
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I think the soft spot is that NJ is subjective and at the whim of a judge, not objective.Yup, that's the problem. Your ccw is ultimatly decided by one of the county judges rather then your town sheriff / police captain. Since all judges in this state are DARK BLUE, you're basically SOL. I do, however, believe McDonnald opens the doors to fighting the "need" part of the application.
If I could get the backing of either an attorny / major 2a org, I have no problem applying. However, I'm 23 and white with no real need aside from "self defense" -- not the best subject.
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Keep in mind this may not affect you ONLY in NJ. Just about any application that I have filled out for a non-resident CCW (and I have 5), asks if you have ever been denied a CCW. If you apply in NJ and get denied - which you surely will - you will have to answer "yes" on any and all applications, which will increase your likelihood of being denied there also. Kind of a Catch-22.Adios,
Pizza Bob
There is an area to explain why you answered yes. Would "unjustified need" really make you seem like a bad person and get denied an out of state ccw permit? If so, sounds like other states are just as bad as NJ then...
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If you were to walk in apply for a permit to carry and (a year later) be denied?
I understand you have to say you've been denied the right to carry on your weapons "application" when you purchase a new firearm but does that REALLY mean anything? Is "unjustified need" going to make it impossible for you to purchase future firearms?
With the recent McDonnald decision saying right to keep and bear arms / self defense is a fundamental right along with decisions such as the one where police don't have a constitutional duty to protect / restrictions in secure gov buildings but nothing about public areas / self defense doesn't end at your front door / past cases with fundamental rights being violated, one could make a fairly strong arguement about justifiable need. It's a long shot but realistically what other option do we have? The NRA has left NJ and there is no real political 2a power here as well.
Just curious...
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As much as I would like to believe mcdonnald will bitch slap NJ, I think the only way NJ will be a shall-issue state is if / when there is a national CCW law or a large supreme court case on CCW (as of now both, are not on the docket...)
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a ccw vote in november wouldn't be pretty in a state like NJ that is filled with yuppies
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This is what I would like to know...
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3 / 6 / 9
Yes I have sent letters to my senators asking for CC support. Being that monmouth county is republican, they have showed support.
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Also, last I heard, its not outright illegal for privately owned firearms to be brought on to a military installation. The vast majority of military installations do not allow for privately owned firearms to be carried, but there are definitely exceptions-- its the decision of every installation commander. The location I had worked at did allow for firearms to be carried (conceal or not) on to the installation, though the firearm had to be kept in the vehicle (and not allowed into the actual facilities/buildings).Correct, we allow hunting on lakehurst (for employees / retired military) and fort dix (employees / retired military / small amount of public)
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No matter what kind of permit you have from whatever state, you are not allowed to carry on military bases unless otherwise specified.
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1. Working on my cars (spending too much money making them too fast )
2. Video games
3. Guns
4. Computer stuff
5. Outdoors stuff (hiking, rafting, climbing, etc)
6. Photography
7. Whole bunch of random stuff
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Hornady Critical Defense
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This is why I don't buy "american"
Both of our subarus were made here in america, same goes for our honda. The only exception is our sports car that was made in japan but read the fine print and a majority of the parts came from the USA.
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I personally found this movie a little dry / boring throughout most of it.
Now if you want a really good WW2 movie, check out Valkyrie
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I somehow doubt an 80 year old man was resisting arrest...prob just the cops throwing the book at him.
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Good for the old man...
I'm curious where this will head now
New Resident Evil movie is legit
in General Discussion
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zombies in 3d? What can be more win than that?