What would happen if the police asks you your name and you tell him, "If I tell you my name will I have entered into contract with you?" again and again, and same with the judge in court.
For more details, please read Mary's Croft's e book.
www.natural-person.ca-pdf-mary_croft.pdf
What would happen if you don't swear the oath?
What would happen if during allocution you do not accept the sentence?
2007-06-28 02:19:53 · 6 answers · asked by Janice K 2 in Politics & Government ➔ Law Enforcement & Police
Well, there's an assumption going on here.
The assumption is that the police officer has reason to be asking for your name. In most states in the US, the police cannot simply walk up and demand ID, or that you identify yourself with cause. HOWEVER, in the course of an investigation, they certainly may do so, and failure to cooperate can become obstruction of justice, and so on.
There's knowing your rights, which is good and I'm all in favor of, and there's being an unreasonable jerk because you don't like cops.
If you are operating a motor vehicle, you must comply with a demand/request for ID because you are operating a vehicle under the condition that you are licensed and approved by the state to do so. Failure to comply can result in lots of bad things.
As for being before a judge and acting that way, well be prepared for a set of handcuffs and some jail time. It's called contempt of court. Most judges don't like that.
As for not accepting your sentence, you don't have to accept it, but you will serve it.
I don't have to accept an officer's allegation that I was speeding, but I will be getting a ticket/warning if he pulls me over and says I was speeding. I don't have to accept it, but I will be getting it.
The point is, there are other ways to fight it, but standing there before the judge/officer acting like a jack@$$ isn't the way to go about getting it done.
2007-06-28 03:35:55 · answer #1 · answered by Shrimp 3 · 0⤊ 0⤋
This is how it works. The Police have reasonable grounds to believe that you have committed/will committ a criminal offence and arrest you. Once you arrested, police will then decide how and if, to release you.
They can't release you unless certain conditions are met. They must be sure that they know your identity, address, that you won't continue the offence and that you will show up for court.
If it is a first offence then you may be released with a piece of paper (Canada called an appearance notice) that tells you when your court/fingerprint date is.
If you have no address, a long criminal history for the same offence, convictions for failing to appear you will be held for bail and YOU will have to convince the Justice of the Peace (Canada) why they should let you go.
Identity is the most important of all of these, refuse to identify (for ANY reason) and you WILL not be released. Quite simple actually, and I'm not reading someone's e-book.
If you do the same with a Judge, you will remain in jail until you identify yourself. Judges have very little patience for games, and neither to police officers.
If you refuse to accept a sentence, they will drag you to jail and you will serve it anyway. (You can appeal a sentence, but I don't think this is what you are talking about).
If you are a witness you can swear to an oath or make a solemn affirmation (the first involves God, the second not).
If you refuse to do either, you will not be allowed to testify.
2007-06-28 03:09:15 · answer #2 · answered by joeanonymous 6 · 0⤊ 0⤋
I would simply ask what I'm being arrested for, how many phone calls I can make and when, and then I would tell them I'm keeping silent unless my lawyer advises me to say something. Then I would let my lawyer do all the work.
If I felt I was unjustly convicted, then I would have to accept the sentence at first, then appeal at a later date.
I believe this is the civilized way to behave in such a situation.
2007-06-28 02:30:18 · answer #3 · answered by my brain hurts 5 · 0⤊ 0⤋
If you refuse to provide information to law enforcement by the manner of which you state, you can be arrested for "Failure to Identify" or possibly "Hindering a Governmental Operation."
If you fail to respond to the judge you can be held in "Contempt of Court" and serve jail time.
In most courts you will hear "Do you solemnly swear OR affirm..." which the term "affirm" is the legally and socially accepted form for those opposed to the term "swear."
If one fails to "accept the sentence"....there's always those pretty silver braclets and tasers used as a minimum force necessary to take one to jail!
Best wishes.
2007-06-28 02:28:22 · answer #4 · answered by KC V ™ 7 · 1⤊ 1⤋
You can theorize about that all day, in the end you would go for a psych eval and be placed in a mental facility because you aren't able to understand the base rules of society.
2007-06-28 02:26:29 · answer #5 · answered by Officer 4 · 0⤊ 0⤋
they will run you fingerprints. contempt of court
2007-06-28 05:43:59 · answer #6 · answered by Anonymous · 0⤊ 0⤋