What is the name of your state? NJ
This is in regard to a municipal court traffic violation.
I believe my first hearing was procedurally mishandled by the prosecution or the court. At my first hearing the prosecutor tried to intimidate me into pleading guilty by threatening to up the charges. I wanted my say in court. He told me different ranges of fines on two different occasions. He made me wait to be the last person in court as he tried to locate the citing officer. The bench had to ask me who I was because they had no paperwork from the prosecutor on me. I went to the prosecutor to tell him the judge needed to know what was up He told me he couldn't locate the officer. I told him I want to file for dismissal. He said okay and sent me into the courtroom. He handed a slip to the bench, left the room, and I was called up.
The judge asked me if I wanted to file for dismissal. He asked if the prosecutor knew, to which I answered yes. He said "okay, you're free to go."
Then the case was rescheduled. I called the court administrator and she told me the prosecutor told the judge he didn't know I was filing for dismissal. Well he sure did, and how did the judge know to ask me if I was filing for dismissal if not from the paperwork handed him by the prosecutor?
I have a few questions:
1) Why would the court ask me what the prosecution knows rather than him?
2) Why isn't a procedure in place to protect me from such a discrepancy?
3) Isn't it even legal for a prosecutor to discuss my case with the judge outside of my presence?
4) Since I don't trust the prosecutor, can I record our future meetings?
5) what about in the courtroom - can I record my own case? I know they do it and I can order transcripts ($100), but can I make my own recording for personal use?
6) If I end up appealing would the lower court prosecutor and court administrator be subpoenaed to testify?
This is in regard to a municipal court traffic violation.
I believe my first hearing was procedurally mishandled by the prosecution or the court. At my first hearing the prosecutor tried to intimidate me into pleading guilty by threatening to up the charges. I wanted my say in court. He told me different ranges of fines on two different occasions. He made me wait to be the last person in court as he tried to locate the citing officer. The bench had to ask me who I was because they had no paperwork from the prosecutor on me. I went to the prosecutor to tell him the judge needed to know what was up He told me he couldn't locate the officer. I told him I want to file for dismissal. He said okay and sent me into the courtroom. He handed a slip to the bench, left the room, and I was called up.
The judge asked me if I wanted to file for dismissal. He asked if the prosecutor knew, to which I answered yes. He said "okay, you're free to go."
Then the case was rescheduled. I called the court administrator and she told me the prosecutor told the judge he didn't know I was filing for dismissal. Well he sure did, and how did the judge know to ask me if I was filing for dismissal if not from the paperwork handed him by the prosecutor?
I have a few questions:
1) Why would the court ask me what the prosecution knows rather than him?
2) Why isn't a procedure in place to protect me from such a discrepancy?
3) Isn't it even legal for a prosecutor to discuss my case with the judge outside of my presence?
4) Since I don't trust the prosecutor, can I record our future meetings?
5) what about in the courtroom - can I record my own case? I know they do it and I can order transcripts ($100), but can I make my own recording for personal use?
6) If I end up appealing would the lower court prosecutor and court administrator be subpoenaed to testify?