sgent
06-03-2009, 04:55 AM
Back in 2006 I was convicted for burgulary(accomplice), when I was arrested, the police took money from me, that was from a paycheck I received from my employer. During sentencing I was never credited for this money for restitution or my fines. I paid all fines and restitution in full with out being credited for this money. I have drafted a motion for the court, because the ADA does not want to cooperate with me at all. The formatting is correct, it is just copying and pasting kind of screws it up. I do judgment recovery in the civil part, and i know the drafting of motions is pretty much the same. Can anyone tell me if this looks correct?
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION - MORRIS COUNTY
(Omitted)
Address Omitted
Pro-Se
State of New Jersey
Indictment no. XXXXXXX
Vs. CRIMINAL ACTION:
NOTICE OF MOTION TO RELEASE PROPERTY
HELD AS EVIDENCE
Omitted
(Defendant) ORAL ARGUMENT IS NOT REQUESTED
PLEASE TAKE NOTICE that on a date and time to be set by this Court, (Omitted), will request that this court release $971.00 that was seized from him as evidence in the referenced Indictment number.
NOTICE: IF YOU WANT TO RESPOND TO THIS MOTION YOU MUST DO SO IN WRITING. Your written response must be in the form of a certification or affidavit. That means that the person signing it swears to the truth of the statements in the certification or affidavit and is aware that the court can punish him or her if the statements are knowingly false. You may ask for oral argument, which means you can ask to appear before the court to explain your position. If the court grants oral argument, you will be notified of the time, date, and place. Your response, if any, must be in writing even if you request oral argument. Any papers you send to the court must also be sent to the opposing party's attorney, or the opposing party if not represented by an attorney.
The order sought by the defendant will be entered in the discretion of the court unless you notify the clerk of the court and the undersigned, in writing - as explained above - that you object to the entry of the order within ten (10) days after service of this motion.
_____________________________________
(omitted)
Defendant
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION - MORRIS COUNTY
Name and Address Omitted
Pro-Se
State of New Jersey
Indictment no. XXXXXX
Vs. CRIMINAL ACTION:
MOTION TO RELEASE PROPERTY HELD AS EVIDENCE
Omitted
(Defendant)
1) On or about February 5th, 2005 Omitted was arrested in connection to the above indictment. While under arrest, the Rockaway Township Police seized all paper money that was in his possession at the time which amounted to $971.00.
2) On or about February 4th, 2005 Omitted was paid by his employer at the time Omitted. At that time, Omitted did not maintain a bank account.
3) On or about April 7th, 2006 Omitted was sentenced in the above indictment and was ordered to pay $360.00 to VCCA, $15.00 to CDRF, $125.00 to VWAF, and $1,750.00 in Restitution to the victim of the crime. At the time the money seized from Omitted was not credited towards any of his fines or restitution.
4) On or About July 14th, 2006 Omitted was admitted into the Intensive Supervision Program herein known as “ISP” and was ordered to pay $30.00 to the Law Enforcement T/E Fund, $75.00 to SNSF, and $1000.00 as an ISP Supervision Fee.
5) During Omitted time on ISP, all fines and restitution was paid to ISP and was disbursed to the appropriate parties, including the Ordered $1750.00 to the victim. (See Exhibit “A”)
6) Throughout this time, Morris County has held $971.00 that was never credited to Omitted. It is Omitted's contention that if the $971.00 was credited to him he would have overpaid his Court ordered restitution and fines.
7) Omitted has made numerous attempts to speak with ADA (Omitted) to release these funds, but has refused to do so.
Omitted respectively requests that the Court Orders that the Morris County Prosecutor’s office release the funds of $971.00 to Omitted. Given that all of the Court Ordered fines and restitution have been paid off, without the $971.00 being credited to him.
Respectively Submitted,
_______________________________
Omitted (Defendant)
Address Omitted
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION - MORRIS COUNTY
(Name and Address Omitted)
Pro-Se
State of New Jersey
Indictment no. XXXXXXX
Vs. CRIMINAL ACTION:
ORDER TO RELEASE PROPERTY HELD AS EVIDENCE
(Omitted)
(Defendant)
IT IS ON THIS day of , 2009
ORDERED AND DECREED that:
1) The money that was seized by the Rockaway Township Police from Omitted in the amount of $971.00 in connection to the above indictment number, shall be released to Omitted.
IT IS FURTHER ORDERED that:
___________________________________________
, J.S.C.
CERTIFICATION OF SERVICE
I served Assistant District Attorney (Omitted) Morris County Prosecutors Office on via Regular Mail and Certified Mail Return Receipt Requested.
I served the Rockaway Township Police Department on via Regular Mail and Certified Mail Return Receipt Requested.
I certify that the foregoing statements are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.
_________________________________________________
(omitted)
Defendant(Pro-Se)
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION - MORRIS COUNTY
(Omitted)
Address Omitted
Pro-Se
State of New Jersey
Indictment no. XXXXXXX
Vs. CRIMINAL ACTION:
NOTICE OF MOTION TO RELEASE PROPERTY
HELD AS EVIDENCE
Omitted
(Defendant) ORAL ARGUMENT IS NOT REQUESTED
PLEASE TAKE NOTICE that on a date and time to be set by this Court, (Omitted), will request that this court release $971.00 that was seized from him as evidence in the referenced Indictment number.
NOTICE: IF YOU WANT TO RESPOND TO THIS MOTION YOU MUST DO SO IN WRITING. Your written response must be in the form of a certification or affidavit. That means that the person signing it swears to the truth of the statements in the certification or affidavit and is aware that the court can punish him or her if the statements are knowingly false. You may ask for oral argument, which means you can ask to appear before the court to explain your position. If the court grants oral argument, you will be notified of the time, date, and place. Your response, if any, must be in writing even if you request oral argument. Any papers you send to the court must also be sent to the opposing party's attorney, or the opposing party if not represented by an attorney.
The order sought by the defendant will be entered in the discretion of the court unless you notify the clerk of the court and the undersigned, in writing - as explained above - that you object to the entry of the order within ten (10) days after service of this motion.
_____________________________________
(omitted)
Defendant
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION - MORRIS COUNTY
Name and Address Omitted
Pro-Se
State of New Jersey
Indictment no. XXXXXX
Vs. CRIMINAL ACTION:
MOTION TO RELEASE PROPERTY HELD AS EVIDENCE
Omitted
(Defendant)
1) On or about February 5th, 2005 Omitted was arrested in connection to the above indictment. While under arrest, the Rockaway Township Police seized all paper money that was in his possession at the time which amounted to $971.00.
2) On or about February 4th, 2005 Omitted was paid by his employer at the time Omitted. At that time, Omitted did not maintain a bank account.
3) On or about April 7th, 2006 Omitted was sentenced in the above indictment and was ordered to pay $360.00 to VCCA, $15.00 to CDRF, $125.00 to VWAF, and $1,750.00 in Restitution to the victim of the crime. At the time the money seized from Omitted was not credited towards any of his fines or restitution.
4) On or About July 14th, 2006 Omitted was admitted into the Intensive Supervision Program herein known as “ISP” and was ordered to pay $30.00 to the Law Enforcement T/E Fund, $75.00 to SNSF, and $1000.00 as an ISP Supervision Fee.
5) During Omitted time on ISP, all fines and restitution was paid to ISP and was disbursed to the appropriate parties, including the Ordered $1750.00 to the victim. (See Exhibit “A”)
6) Throughout this time, Morris County has held $971.00 that was never credited to Omitted. It is Omitted's contention that if the $971.00 was credited to him he would have overpaid his Court ordered restitution and fines.
7) Omitted has made numerous attempts to speak with ADA (Omitted) to release these funds, but has refused to do so.
Omitted respectively requests that the Court Orders that the Morris County Prosecutor’s office release the funds of $971.00 to Omitted. Given that all of the Court Ordered fines and restitution have been paid off, without the $971.00 being credited to him.
Respectively Submitted,
_______________________________
Omitted (Defendant)
Address Omitted
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION - MORRIS COUNTY
(Name and Address Omitted)
Pro-Se
State of New Jersey
Indictment no. XXXXXXX
Vs. CRIMINAL ACTION:
ORDER TO RELEASE PROPERTY HELD AS EVIDENCE
(Omitted)
(Defendant)
IT IS ON THIS day of , 2009
ORDERED AND DECREED that:
1) The money that was seized by the Rockaway Township Police from Omitted in the amount of $971.00 in connection to the above indictment number, shall be released to Omitted.
IT IS FURTHER ORDERED that:
___________________________________________
, J.S.C.
CERTIFICATION OF SERVICE
I served Assistant District Attorney (Omitted) Morris County Prosecutors Office on via Regular Mail and Certified Mail Return Receipt Requested.
I served the Rockaway Township Police Department on via Regular Mail and Certified Mail Return Receipt Requested.
I certify that the foregoing statements are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.
_________________________________________________
(omitted)
Defendant(Pro-Se)