question for court

[raemom]

I believe I will finally be able to testify after 6 long months on wed. I am really looking forward to it, but a very big problem I have had for as long as I can remember is when I am under stress, I have a signifacant problem of expressing myself correctly. I seem to jump ahead. It will be hard to focus when there is so much I need to get out to the judge. As hard as I always try, this seems to happen over and over again in other events in my life. Those who know me understand me. I do not have a strong personality like my husband.

Do any of you have any suggestions? Is there there something that helped you get through it? Just telling myself to be strong never seems to work.

[scarfyrre]

My biggest help was taking a xanax, but if you can't do that then try this.

I made myself a talisman. You obviously do it in your own religious manner, but on a piece of silk cord I put an amethyst, a lapus lazuli, and a religious figure. It gave me something small to play with so my nervousness went there instead of my mouth (I talk too much when I'm nervous). I made it mind of the goddesses for justice and truth, and although the process has been slow, both of those came out.

If you want more info or pictures, PM me.

[Gary Shaw]

If you have an attorney, you and the attorney should develop a list of questions for you to be asked. Plan them to allow you to tell your side of the story. Keep your answers factual and as short as possible. It is not wise to personally attack any of the participants against you, even if you are right, just state the facts and let the Judge decide. It is important to put your side of the story into the record, Judges can not consider any information that is not a record of the court.

If you do not have an attorney, take the time to sit down quietly and make a list of the things you feel you need to say. Read them over and over, practice your delivery so that you will become comfortable. You do not have to memorize, you can have your list in court to remind you, but it is best if you don't just read it, that way you can make eye contact with them when you speak. Look them straight in the eye, they are wrong not you.

If you can it is best to cite the illegal acts they have committed; the time and date; who did it; and the State or Federal Law they broke.

Try not to let them make you angry or cry. It is very difficult but if they can make you become emotional it is not good.

Keep your chin up. You can depend on the fact that most on here will be saying a Prayer for you, in their own way. You will not be alone in that courtroom, although we can not be there with you, in fact, we will all be with you in spirit. Keeping that knowledge with you will make you stronger.

[Dan Sullivan]

If you can it is best to cite the illegal acts they have committed; the time and date; who did it; and the State or Federal Law they broke.

You don't need to quote any laws.

On cross you'd get portrayed as a lunatic.

And it would open the door for you to be questioned about an area you have no expertise in.

Laws should only be discussed by lawyers and the Judge.

Keep your tesitmony short and to the point.

Avoid testifying if you can.

Best, Dan

[Bob_Lynn]

1. There's nothing wrong with writing down everything you want to say and bringing it with you to court and even reading from it if it's easier for you.

2. If you have a lawyer, go through everything with him/her before the hearing and make sure you're both on the same page. Don't ever let your lawyer tell you "just go along with everything they want and it will all just go away eventually". Fire any lawyer who tells you that.

3. If you don't have a lawyer, study all the laws you believe will help you and all the laws you believe they violated and bring those to court with you. Make sure you know how they violated those laws. The overriding laws are those found in the Constitution of the United States, study those hard and cite all the laws you believe they broke. This advice is just the opposite of what Dan advises. You never, ever keep your mouth shut when you don't have a lawyer and ALWAYS CITE YOUR RIGHTS! If you don't, it will be assumed that you waive those rights. Even if this goes against you in the lower court, the fact that you cited your rights and everything was recorded will help you tremendously on appeal. Here's some information that may help you:

http://www.gocrc.com/constitution.html#contents

There's more if you need more, just e-mail or PM me.

Good Luck!

[Dazeemay]

Gary said, "

Judges can not consider any information that is not a record of the court.

This is why you need to do a declaration of facts and an objections corrections form filed in the courthouse. Everything will be in there. We even put laws and case laws in our forms. These forms make it a record of the court even if the judge does not hear it during the hearing.
Dan said,

"You don't need to quote any laws. And it would open the door for you to be questioned about an area you have no expertise in.

I agree with Dan on this, although, I question this about lawyers and judges.

Laws should only be discussed by lawyers and the Judge.

The only time laws were discussed was when we put it in our dec of facts and the assistant attorney general lawyer from their side quoted a law a couple of times that did not even exist trying to sound intelligent to keep our dec of facts off the record.
Then at the closing our lawyer quoted the law we gave him about the facts that they had to have. At no time in any of our hearings did they quote the law.

Article 2.

Uniform Child-Custody Jurisdiction and Enforcement Act.

Part 1. General Provisions.

§ 50A-101. Short title.

This Article may be cited as the Uniform Child-Custody Jurisdiction and Enforcement Act. (1979, c. 110, s. 1; 1999-223, s. 3.)

§ 50A-102. Definitions.

In this Article:

(1) "Abandoned" means left without provision for reasonable and necessary care or supervision.

The Juvenile Code contained in our General Statutes provides that an adjudicatory hearing is “a judicial process designed to adjudicate the existence or nonexistence of any of the conditions alleged in a petition.” N.C. Gen. Stat. § 7B-802 (2003). Thetrial court is obligated during the adjudicatory hearing to “protect the rights of the juvenile and the juvenile's parent to assure due process of law.” Id. “The allegations in a petition alleging abuse, neglect, or dependency shall be proved by clearand convincing evidence.” N.C. Gen. Stat. § 7B-805 (2003).

The judge said he was very well aware of this statute.

[Frustrated]

I have a really bad Memory Problem while testifying in another Court Case. What really helped me is to make them repeat the Question and claifiy it. You have the right to make them to do that to make sure you understood the Question clearly. It helps me when I don't babble in 10 minutes long which would waste the Judge's time. I just merely answer the questions in a "Yes and NO" answers and it gives a clear and swift procedure. Make sure the Lawyer ask the right Questions, but be prepared the other side of the Attorney will ask leading Questions that would set you off. That is why you need to remain calm and think before you answer. Never act out or lash out in front of the Judge or whatever, they will know something is up with you. Just say Yes or No- or tell them to repeat the question so you can understand it better. I have been testifying for other cases in Court for Years. The trick is to remain CALM and be rational. It always helps to tell a honest and truthful answer to the best of your ability. The truth is always the best ammunition for the Defense.

[DontBiteMyNose]

I agree with bob 100%. Keeping your mouth shut as well as complying with orders from the Goons, will only make you spiral down further. Demand your rights and know the law.

I can imagine having the internet on April 18th, 1775.
Instead of hearing that famous cry from Mr. Revere, what would we hear?

"Comply with them! Don't cite your rights! You would just sound like some colonial lunatic!"

[Gary Shaw]

I believe I said cite the law, not quote the law. It worked for us so far and it did not take 5 or 15 times.

[Dazeemay]

My apologies Gary. I should have went back and looked at the original post.

You did use the word cite, but this word also means quote. However, often when we use the word cite the majority of people think of it as a reference.

Instead of Raemom quoting the whole law she will be just giving the reference # to the law and whether it is federal, state, etc.

[Dan Sullivan]

I agree with bob 100%. Keeping your mouth shut as well as complying with orders from the Goons, will only make you spiral down further.

Citations, please.

[daddyanddede]

DANO
you are just like a FLY NOW YOU FIGURE THAT OUT

[Dan Sullivan]

DANO
you are just like a FLY NOW YOU FIGURE THAT OUT

I can figure out lots of things.

You know that, don't you, David?

[daddyanddede]

dano
i know a lot i know who you are and i know what you are

[Dan Sullivan]

dano
i know a lot i know who you are and i know what you are

Have ya heard of punctuation?

Start from there.

[daddyanddede]

dano
keep up the good work. you are going to tell on yourself before long. people will be able to see for themself. will say no more, don't have to you will do it yourself.

[hls94137]

please do tell!

[scarfyrre]

Seriously, can the petty arguments and insults between board members stop? This helps no one, and it just causes tension between people who all want CPS stopped.

[good dad]

well put scar..