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People of the State of Illinois v ME | class A misd- theft/larceny & poss firearm

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apfmj2

Junior Member
Hello everyone.

Through the course of the last couple of years I have invested some time in keeping abreast and informing myself of the figment we are born and indoctrinated into. A moment has arrived for me to stand and discount the illusory veil.

I've been doubling down and spending time reading and seeing how to implement information from this forum and other sources in preparation for my still largely ignorant stance in refuting a coercive action taken against me.


This summer in anticipation for a birthday celebration for a family member I spent a Friday meeting with several individuals locally I found on craigslist, made appointments over the telephone, and intended on purchasing items needed for the party. The last appointment in the day was a 2 hour away and upon my arrival I was asked that I remain patient and wait on their property for them to conclude a scheduled hardware service taking longer than expected to complete. Hours past until we could finally load my truck and complete our business.

Afterwards, I offered the gentlemen cash in hand to pay for the goods and allow me to be on my way. His son and neighbor were present and I made it clear I was already upset at the unexpected time lost and needing to travel in rush hour traffic back home. The gentlemen refused to accept payment insisting that his mother be paid as she was the one who listed the item on craigslist.

I drove to his home and negotiated with his mother over the amount having her agree to discounting it due to the circumstances. The total amount in question was $70. Later in the evening he phoned me requesting that I mail him the full amount. I disagreed.

Months later a McHenry County police officer phoned me noting a pending investigation on a theft accusation. I ignore the police. A month ago while traveling in my automobile a man in a red and blu lit vehicle signaled for me to stop, abducted me, and towed my automobile. I was 'served' an arrest warrant, documented, and forfeited bail money.

In looking to minimize any greater damage inflicted on my person I presented myself on the date requested by the 'judge' and was informed that the People of the State of Illinois, present physically in the form of a female plaintiff, are accusing me of larceny. I communicated to the judge I will be representing myself in propria persona, I inquired into the nature and basis of the charges, asked whether the damaged party was present, admitted not understanding the charges, and stood mute not answering their request for a plea. He threatened to arrest me for contempt and questioned my competence in my failing to plead (not)guilty, unwillingness to explicitly state my knowing the meaning of the judges' "socially accepted concept of 'theft'", and practicing my right to remain silent.

The judge provided me with documents titled 'WAIVER OF JURY TRIAL', 'AFFADAVIT OF ASSETS AND LIABILITIES AND ORDER APPROVING/DENYING PUBLIC DEFENDER', and 'WAIVER OF COUNSEL/ATTORNEY', and explicitly insisted I hire an attorney, granted a continuance, doubted my competency to perform discovery, and requested I arrive for the next court date with the documents signed if not accompanied by an attorney.




I discovered that the court room has an integrated 'Electronic Recording' system. I have contacted the Court Administrator and requested a transcript for my first appearance. I have also contacted a licensed recorder who recommends I simply use the building's integrated 'ER' system. I think in my interest I ought to hire the 3rd party recorder but will need to serve notice to the court and was informed the plaintiff may deny admission of the hired recorders transcripts(?!). I will be bringing my own recorder with too.

Beyond that, I've got a little bit of time and have been reading the 22nd Circuit Court rules, stickies and threads on this forum, and material by Marc Stevens. I am trying to enhance my ability to remain offensive but not argumentative with my inquiries and asking prudent questions since my first appearance was mostly defensive and reactionary. I am trying to figure out whether I should attempt to get a postponement and request a jury or keep the existing upcoming date and try again in facing the plaintiff and judge and doing my best in questioning the smj and cause of action. Is there any reason to serve them the documents they requested?

This case is meant to give me some practice in said environment and experience with the philosophy it entails. I would not mind outboxing the judge on his turf as I have not spent much time and am not prepared in conducting discovery etc. The transaction was based on a verbal contract, I have no receipt, and the family has witnesses biased to their interest. I fail to understand how this is a criminal case. Note, I will try anything 'reasonable' but I am not looking to risk spending time in the can with big Jake.

-If my techniques serve no benefit during the next court date can I simply motion for another continuance and try another angle next time?
-What if the judge denies the continuance and what might the plaintiff have up their sleeve?
-What's the best method to put in check the sheriff's assault/battery-like behavior when they grab/control your arm/person and threaten you to move, sit etc?
-Any specific points of interest I ought to investigate to strengthen my position?

The judge was already getting very nervous and stressed with my previous performance and unwillingness to submit to his charade which made the sheriff and spectators all the more tense.
 
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apfmj2

Junior Member
On a sidenote, when the man in the costume abducted me he searched my automobile and stole my hybrid pepper spray with built in taser (non-projecting variant).

Later that evening he informed me that the manner in which I transported, "immediately accessible", the taser constituted possessing/carrying a firearm. Note that pepper spray is not cited in Illinois Statutes as a firearm.. who knows for how long. I believe the case was forwarded to the county as a felony as opposed to a misdemeanor (possibly due to the proximity to a school). I assume this because he infomred me the bail for possession was significantly higher than the larceny bail I paid earlier. I do not know whether my asserted right to a speedy trial will be regarded differently if this is a felony as opposed to a misdemeanor.


Illinois General Assembly - Illinois Compiled Statutes
Illinois General Assembly - Illinois Compiled Statutes


I mailed a confirmed USPS mail with a 'SPEEDY TRIAL DEMAND - Pursuant to 725 ILCS 5/103-5' immediately to the county court. I have received a reply from the court with my original speedy trial request and a new letter requesting that I 'turn myself in'

From what I gather, assuming I do not get arrested for 4 months, the Serna case among other things can be used to motion for a dismissal. I sparingly tested the pepperspray/taser and never had to use it as a deterrent but I do not believe the battery functioned. The police officer would not provide a receipt for the taser/pepperspray. I do not think asserting the taser inoperable will suffice as the statute reads 'can send out current'... unless I can be convincing in its dual use as a pepper spray.

Should I try and wait out at least 4 months w/o arrest and then 'turn myself in', pay bail, show up to court and if the move to dismiss under the speedy-trial rule does not work in my interest I could as a last resort try and interrogate the officer in an attempt to have the judge impeach him as incompetent? Maybe requesting a jury and appealing to their emotions while addressing the ensuing economic crisis and increase in crime may justify possessing such a unit. Also, what actions would I need to take to retain my property?... I really liked that hybrid unit.
 

efflandt

Senior Member
With all your rambling, you neglected to say if you actually paid anyone anything for the goods or if you got a receipt, only that you "negotiated".
 

apfmj2

Junior Member
With all your rambling, you neglected to say if you actually paid anyone anything for the goods or if you got a receipt, only that you "negotiated".
"I drove to his home and negotiated with his mother over the amount having her agree to discounting it due to the circumstances."

I paid her cash and I do not have a receipt.
 
:rolleyes: Wow.... sounds like it is everybody else's fault and I can see how you must be found not guilty.

I now even believe that those scammers from craigslist set the whole transaction up just to railroad you. Make sure that the Judge lets you cross examine Mama (the ring leader) as a hostile witness.

You should also demand that the Police buy you a new tasser/pepper spray since they kept yours for so long.

What ever you do, don't take any BS from the DA or the Judge. Remind them that you pay their salery!

When you get out, please post back and let us know how you made out. :D
 

outonbail

Senior Member
"I drove to his home and negotiated with his mother over the amount having her agree to discounting it due to the circumstances."

I paid her cash and I do not have a receipt.
Hire an attorney and stop playing around in the courtroom. You didn't even have the sense to get a receipt for whatever it was you claim to have paid for. I don't know why you believe you will have the sense to defend yourself in this criminal case.

The more you ramble on, the more you look guilty of the charges. Stop convincing yourself that you can get through this successfully and hire an attorney before you do any further damage to your case.

Or plan on gaining a criminal record for your shenanigans.
 

apfmj2

Junior Member
Then it is your word against theirs.
Appears to be so. However, I have dozens of transactions completed successfully from craigslist, 3 others on the day of this accusation, and hundreds of strictly positive feedback on ebay.

I may include in the affadavit facts that will substantiate my flawless historical transactions with people, etc, particularly document the other parties I met with on the same day and note by phone record or similar my excessive wait experienced with party in question.
 

apfmj2

Junior Member
Hire an attorney and stop playing around in the courtroom. You didn't even have the sense to get a receipt for whatever it was you claim to have paid for. I don't know why you believe you will have the sense to defend yourself in this criminal case.

The more you ramble on, the more you look guilty of the charges. Stop convincing yourself that you can get through this successfully and hire an attorney before you do any further damage to your case.

Or plan on gaining a criminal record for your shenanigans.
Admittedly, I must be a one of the select few who does not acquire receipts for every single friendly exchange of federal reserve notes that I have partaken in my entire life.

I am not looking to ramble on and attempt to be as concise in my communication as possible. Further, I look for more constructive information rather than an iteration of 'an officer of the court will most successfully protect my interests'.
 

apfmj2

Junior Member
:rolleyes: Wow.... sounds like it is everybody else's fault and I can see how you must be found not guilty.

I now even believe that those scammers from craigslist set the whole transaction up just to railroad you. Make sure that the Judge lets you cross examine Mama (the ring leader) as a hostile witness.

You should also demand that the Police buy you a new tasser/pepper spray since they kept yours for so long.

What ever you do, don't take any BS from the DA or the Judge. Remind them that you pay their salery!

When you get out, please post back and let us know how you made out. :D
Exactly ;)

Everyone will come around to see it from my point of view. I will keep you posted on the progress.
 

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