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bry@n

I've been subpoenaed for a civil action, have ???'s

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Nah we have thrown the 6th out, you can now get speeding tickets and tickets for running red lights with your accuser being a camera and you have no right to cross examine a witness.  The constitution is only used any more to fold up and place under a table leg to stabilize it :)

I do not like red light cameras. You can go to court on that red light camera ticket though, plead not guilty and face whoever signed the ticket and present evidence to dispute it. I don't know where you got the idea you couldn't fight a camera ticket. There are people who have fought them and were found not guilty for various reasons.

 

Yes, there have been abuses of Constitutional Rights. If you feel the Constitution is so far gone can you name a place where you have more rights? Cuba and North Korea have no rights but I don't think they are better places to live.

 

If you really feel that way about the Constitution how can you expect anyone to listen to you when you argue your Constitutional Rights? They are only good to prop up a table leg according to your statement. You either believe in what the Constitution says, all of it, or you don't.

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I do not like red light cameras. You can go to court on that red light camera ticket though, plead not guilty and face whoever signed the ticket and present evidence to dispute it. I don't know where you got the idea you couldn't fight a camera ticket. There are people who have fought them and were found not guilty for various reasons.

 

Yes, there have been abuses of Constitutional Rights. If you feel the Constitution is so far gone can you name a place where you have more rights? Cuba and North Korea have no rights but I don't think they are better places to live.

 

If you really feel that way about the Constitution how can you expect anyone to listen to you when you argue your Constitutional Rights? They are only good to prop up a table leg according to your statement. You either believe in what the Constitution says, all of it, or you don't.

You have me all wrong, I believe in it all, I just saying the way it is we are losing everything in it.  Heck it seems like we don't have three branches of government anymore except on paper.  Why is it the congress lets the POTUS get away with the crap he does.

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BTW, the 6A guarantee of facing your accusers only applies to when you are going to trial. You can go through the system from arrest, initial appearance, grand jury, and arraignment without seeing your accusers. Hearsay is also allowed thoughout the system until you go to trial.

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You have me all wrong, I believe in it all, I just saying the way it is we are losing everything in it.  Heck it seems like we don't have three branches of government anymore except on paper.  Why is it the congress lets the POTUS get away with the crap he does.

The only reason I have you all wrong is from the statement you made.

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Ok, so I called lawyer today to have date changed because I'm busy that day. He tried giving me a run around but I was prepared for him.

 

Turns out my boss said he'd pay me so that's a non issue. I did tell the lawyer he was paying for my parking because they chose an area that was good for them.

 

Having to go to toms river , near the courthouse is a pita.

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plode, I agree you shouldn't be harassed. However, the police recording your statement is hearsay. There are other Amendments than the 2nd and the 6th guarantees a defendant the right to be confronted in court by witnesses against them and the right to obtain witnesses for their defense. As.far as forgetting what happened there is nothing wrong with you being provided a copy of the police report to refresh your memory.

 

You just can't buy part of the Constitution.

 

If I'm reading the police report to remind myself of what happened...then whatever I'm being reminded of is in the police report. 

As a volunteer firefighter...in the 2-3 month period after the accident that the insurance companies seemed to wait to contact me...I was on at least 15 car accident scenes.  After a while they all blend together. 

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plode, the police report by itself is hearsay. You can't swear in that piece of paper. You need to be present for both sides and the judge to ask questions. Read the 6A. As much of a right as any other.

 

Many times a LEO has to testify to events months or even years later. That is the purpose of notes and reports to enable the LEO to testify to what they saw or heard. The purpose of the police taking statements from witnesses is to record those statements for the investigation whether its motor vehicle or criminal.

 

I can't understand why people who claim they support the 2A want to ignore the rest of the Constitution if it inconveniences them. They bitch, moan, and complain about things that infringe on their rights and privacy but don't want to participate in something that is working as per the Constitution.

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Really? 

 

Judge:  Getting paid handsomely

Attorneys (Both sides):  Getting paid handsomely

Stenographer:  Yep getting Paid

You: Show up at your own expense and possible loss of pay for "Civic Duty" or "Integrity",  Not a chance.  Never once did I say Lie about what you observed but if someone is making a buck off of me they are going to make me whole, and pay for my Lost time and travel expenses, or they get bupkiss.

 

 

 

1.  How so?  A doctor shows up at a malpractice hearing, is he compensated?  Forensic accountant? Paid?  LEO?  Paid?  Please tell me ANY profession that goes throught the time and effort to show up at a legal proceeding out of the goodness of their heart. 

 

2.  There is a big difference between testifying for the highest bidder and not taking a personal LOSS for showing up.

 

Question: If you are called to testify in a case you were involved in do you do it on your own time or on the clock?

 

I am not questioning your integrity or anyone else that shows up,  I just don't expect anyone else to make money at my expense.  That's why I DETEST the whole court system we have.  I pretty sure my employer thinks my time is more important than 5 dollars a day,  I am absolutely positive my mortgage company will have a problem if I can't make a payment because I missed work for 7 weeks on a trial.  But yet judges and lawyers have no problem treating people like dirt.

 

Show up at least 1/2 and hour early and wait till you are called.  Do whatever they say under penalty of contempt. 

There are 2 people that tell me what to do, my employer and my wife.  And if I find what my employer wants me to do to offensive I walk, and look for a new job not spend the night in jail.

 

Professionals are paid to go to court and testify because there is no moral compulsion to do so... They were no witnesses to a wrong that needs to be made right... They are being hired to do professional work that relates to the business that you are involved in...

 

 

A witness on the other hand is simply a matter of chance... Seeing something wrong done right in front of you... And the opportunity to participate in making it right... That is what drove me to show up at court when the state asked... Not getting paid... I have a job where I earn an income... I don't need to be paid to help make something right...

 

If someone falls on the street and looks hurt... And you going by do you stop and help them? Or do you first calculate the fair market hourly value of that help, and decide based on if you think someone will pay you at some point for rendering that help?

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Professionals are paid to go to court and testify because there is no moral compulsion to do so... They were no witnesses to a wrong that needs to be made right... They are being hired to do professional work that relates to the business that you are involved in...

 

 

A witness on the other hand is simply a matter of chance... Seeing something wrong done right in front of you... And the opportunity to participate in making it right... That is what drove me to show up at court when the state asked... Not getting paid... I have a job where I earn an income... I don't need to be paid to help make something right...

 

If someone falls on the street and looks hurt... And you going by do you stop and help them? Or do you first calculate the fair market hourly value of that help, and decide based on if you think someone will pay you at some point for rendering that help?

Doing the right thing and helping someone that falls down is one thing, spending hours or days in court at your economic loss is another.  No one (well not me at least) is saying that you should be rewarded for being a witness.  What is being said is that you should not be harmed financially for helping out.  That means that any lost wages and direct expenses should be paid so that you come out no better and no worse for being a good guy.  Why should you be forced to lose one or maybe more days pay plus direct expenses just because your were in the right or wrong place at the time and happened to see something.

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Doing the right thing and helping someone that falls down is one thing, spending hours or days in court at your economic loss is another.  No one (well not me at least) is saying that you should be rewarded for being a witness.  What is being said is that you should not be harmed financially for helping out.  That means that any lost wages and direct expenses should be paid so that you come out no better and no worse for being a good guy.  Why should you be forced to lose one or maybe more days pay plus direct expenses just because your were in the right or wrong place at the time and happened to see something.

 

BINGO.  THIS^^^^^^^^^^^.  I don't mind helping out but there is NO WAY IN HELL I am taking a loss so someone else can make a buck.

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Doing the right thing and helping someone that falls down is one thing, spending hours or days in court at your economic loss is another.  No one (well not me at least) is saying that you should be rewarded for being a witness.  What is being said is that you should not be harmed financially for helping out.  That means that any lost wages and direct expenses should be paid so that you come out no better and no worse for being a good guy.  Why should you be forced to lose one or maybe more days pay plus direct expenses just because your were in the right or wrong place at the time and happened to see something.

 

 

sometimes helping someone else comes at your expense.. that's life... I am not stressed over that one day... or two days.. or even one week of loss over the course of a lifetime.. 

 

everyone is different... 

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I have been a witness once when a guy on a motorcycle got hit and hurt pretty badly, i was put through the same wringer pain in the ass and vowed i will never step forward and be a witness again unless its a murder. i have witnessed accidents after that and i get lost as fast as i saw what happened. If the system want to maintain the witness system they will have to treat witnesses with respect and compensate them

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I have been a witness once when a guy on a motorcycle got hit and hurt pretty badly, i was put through the same wringer pain in the ass and vowed i will never step forward and be a witness again unless its a murder. i have witnessed accidents after that and i get lost as fast as i saw what happened. If the system want to maintain the witness system they will have to treat witnesses with respect and compensate them

 

And if you got hit and hurt pretty badly, you'd want anyone who witnessed it to behave similarly?    

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And if you got hit and hurt pretty badly, you'd want anyone who witnessed it to behave similarly?    

I would but i wouldnt have bad feelings towards him if he chose not to. its very simple treat people with respect and youll get some in return, the lawyers and the victims are getting millions of dollars, its plain greed that they cant spend a few hundred bucks to reimburse someone who is actually helping their case.

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