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Jury trial??

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bones774

Guest
What is the name of your state? NY
I have been arretsed/ Charged with simple trespass and harassment both violations. It is simply one word against another, not a shred of evidence(discovery motion), the ADA(rookie) is simply to petrified of the complainant threatening her about giving me special treatment(because of my position) that she will not deal and only wants to go to trial to absolve herself of any responsibilty. These case are routinely dismissed/ACD or deferred prosecution it is a travesty to go to trial. I was wondering how far to take it till she (ADA) or her supervisor realizes that it is far enough. How about Jury trial can this be done for violation. Any other thoughts?Thanks
 


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DRN

Guest
I had some jerk ADA try me for a no seatbelt violation.

I just served him with a 70 page appeal brief.
 
D

DRN

Guest
Yes, I was.

Lap belt on and connected, shoulder harness under my arm and across my chest.

Spotter cop testified that as I drove by at 55 mph, in his sight for a full 5 seconds, I reached over with my right hand and pulled the seatbelt across my chest and connected it.

He radioed ahead to the roadblock.

Cop at roadblock testifies that I unhooked my lapbelt to get out my wallet.

I argued:

1. Burden of proof not met
2. Wearing lap belt put me in compliance.

There are other issues in the appeal but that was the meat of the underlying matter.

PS: This happened before they amended the law to say that the shoulder harness must be worn correctly.
 
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bones774

Guest
??

The burden of proof cannot be met in my case I intend to file a motion at start of trial, but what about the jury trial thing is it possible?You are now appealing after conviction, tough road, the cops testimony is practically taken as fact by the judge.
 
D

DRN

Guest
Unfortunately, in the local justice courts and most small city courts, you won't get a fair trial, motions for dismissal won't even be read (never mind understood) and you will be convicted 99% of the time.

If you have good grounds to win, it is only on appeal you will win.

Yes, cop's testimony is taken as gospel, despite the fact that it is rehearsed, they only recite the manual's elements of the crime necessary to justify the arrest and any other questions regarding the incident are answered by "I don't recall." They have very selective memories when it comes to court testimony.
 
B

bones774

Guest
You are on the money about cop testimony, for sure. I love when they go thru their radar testimony, everyday the same exact testimony.
With my case though there is no police testimony, just one civilian word against another, I hope that gives me better than 1% chance of winning. What about Jury trial is that possible?
 

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