Filing a motion to vacate

[Neville Goddard]

I am from Indiana, and I was in court the other day. The judge denied my right of cross examining the witness unless I put in a plea.

Does anyone know what information I need to put int he motion to vacate, and also does anyone know of a template I could use?

Thank you,


Neville

[racer72]

Vacate is generally a term only used in civil court proceedings. If this was a traffic ticket, your only option is to appeal to a higher court. Your obvious lack of knowledge of court proceedings means you need an attorney, you are just setting yourself up for failure again. The judge was correct, till you enter a plea you have no standing in the eyes of the court. None of your rights were denied.

[Neville Goddard]

Actually when I was in court and asked, the judge said this WAS a Civil Case. I don't want to spend the extra money for an attorney, especially if it got denied then I would have to go ahead and pay the ticket and waste more money for the attorney.

I would just rather file the motion myself and if it gets denied, then I will go ahead and pay the ticket. I have until the end of March.

Also I asked the judge if I could get a fair trial if there was a conflict of interest and his reply was: " I don't know" Strange response from a judge.

[BobFlannagan]

How can the trial begin without you entering a plea?

If you refuse, I guess contempt is a means that the court has to give you time to decide.

I'm pretty sure you entered a plea though... otherwise the trial would not begin.

Judge probably meant "I don't care" as opposed to "I don't know".

If he disallowed you from cross-examining witnesses then just appeal the decision. Sounds like a simple appeal. Cost : ~250 - 500 bucks DYI ... not hard to file an appeal.

But you need to see if any motions can be filed to insure its an appellable (?) judgment --

[Neville Goddard]

Bob,

You are correct, however I could not ask any questions in the hearing UNTIL I entered a plea. I told him that I planned on pleading guilty and had my money ready to pay but didn't understand the nature of the charges that were against me. As far as the judge saying 'I don't know' meant he didn't care, I agree with you 100%.

According to Indiana law, you must be informed of the charges before you and understand BEFORE you enter the plea. That's why they ask if you understand the charges that are brought against you before you plea in the hearing. If you say no, that you wanted to ask a couple of questions, then he should have let me ask so THEN I coud plead guilty or not guilty.

The only problem I have with the appeal is that it's just as much as the ticket which means the state gets their money either way, so I will probably just pay it instead of it being denied and paying $500.00.



Neville

How can the trial begin without you entering a plea?

If you refuse, I guess contempt is a means that the court has to give you time to decide.

I'm pretty sure you entered a plea though... otherwise the trial would not begin.

Judge probably meant "I don't care" as opposed to "I don't know".

If he disallowed you from cross-examining witnesses then just appeal the decision. Sounds like a simple appeal. Cost : ~250 - 500 bucks DYI ... not hard to file an appeal.

But you need to see if any motions can be filed to insure its an appellable (?) judgment --