Re: [tips_and_tricks] trust
- Bear - This is a responsive post I made to the writer in blue text ('B' in another group), but after reviewing it I thought it might be beneficial for those on tips and tricks.
For Newbies: The most significant lesson I got hard-wired into me (which we all know but sometimes forget we know it) applies to any and all charges: they make a “charge” against you but for “traffic charges” it’s typically not a sworn, formal compliant with witness signature. They keep wanting you to “plea” something but you cannot plea unless you have a sworn, formal compliant which also shows the SPECIFIC LAW you alledgedly trespassed. How on earth can one plea anything when you have no idea of the specific law you’re being charged with trespassing, signed by the witness? IMHO that’s one worth remembering....I didn’t remember it...my friend did and that’s why I was indeed lucky in this case.
B- and Newbies. Get this in your head!!!
In Texas, if you plead without the disclosure of a sworn complaint
and a properly filed information into the proper court of jurisdiction,
You are committing a crime!
(CCRP = TEXAS CODE OF CRIMINAL PROCEDURE)
Without the presentment of a lawful complaint or lawful information, it is legally impossible to enter a plea of not guilty. The CCRP defines the plea of not guilty as:
"The plea of not guilty shall be construed to be a denial of every material allegation in the indictment or information. Under this plea, evidence to establish the insanity of defendant, and every fact whatever tending to acquit him of the accusation may be introduced, except such facts as are proper for a special plea under Article 27.05." CCRP Art. 27.17 PLEA OF NOT GUILTY CONSTRUED.
Notice is given that without the presentment of a lawful complaint or lawful information, it would be an act of perjury to enter a plea of not guilty in that a plea of not guilty is to be construed to be a denial of every material allegation in the information. The facts of the issue show in the Court record and in your Correspondence that no information has been properly filed in the above stated cases.
Without the presentment of a lawful complaint or lawful information, it is legally impossible to enter a plea of nolo contendere. CCRP defines the plea of nolo contendere as:
"(5) A plea of nolo contendere, the legal effect of which shall be the same as that of a plea of guilty, except that such plea may not be used against the defendant as an admission in any civil suit based upon the growing out of the act upon which the criminal prosecution is based." CCRP Article 27.02 DEFENDANT'S PLEADINGS.
Notice is given that without the presentment of a lawful complaint or a lawful information, it would be an act of perjury to enter a plea of nolo contendere in that a plea of nolo contendere shall be the same as that of a plea of guilty. The facts of the issue show in the Court record and in your Correspondence that no information has been properly filed in the above stated cases. It is therefore legally impossible to determine if a plea of nolo contendere is proper or an act of perjury.
Without the presentment of a lawful complaint or lawful information, it is impossible to determine if a plea of guilty is proper or an act of perjury.
"Impossiblium nulla obligatiio est."
[There is no obligation to perform impossible things. Black's Law Dictionary 7th ed., Appendix A: Legal Maxims, Pg 1642]
To be forced to enter a plea under these circumstances would constitute an act of aggravated perjury which is a third degree felony in violation of the Texas PENAL CODE Art. 37.03 and/or a class A misdemeanor in violation of Art. 37.02, towit:
PENAL CODE Art. 37.02. PERJURY.
"(a) A person commits an offense if, with intent to deceive and with knowledge of the statement'she makes a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath; or
(2) he makes a false unsworn declaration under Chapter 132, Civil Practice and Remedies Code.
(b) An offense under this section is a Class A misdemeanor."
PENAL CODE Art. 37.03. AGGRAVATED PERJURY.
"(a) A person commits an offenseif he commits perjury as defined in Section 37.02, and the false statement:
(1) is made during or in connection with an official proceeding; and
(2) is material.
(b) An offense under this section is a felony of the third degree."
The insistence (usually badgering) by the magistrate to force you to plead is an enticement for you to commit a felony. This is a insistence on behalf of the magistrate is called "tampering with witness" (which also is a felony) and constitutes an act of "official opression" (which is a misdemeanor) and should be sufficient charges to attack their official bond.
TEXAS PENAL CODE § 36.05. TAMPERING WITH WITNESS. (a) A person commits an offense if, with intent to influence the witness, he offers, confers, or agrees to confer any benefit on a witness or prospective witness in an official proceeding or coerces a witness or prospective witness in an official proceeding:
(1) to testify falsely;
(2) to withhold any testimony, information, document, or thing;
(3) to elude legal process summoning him to testify or supply evidence;
(4) to absent himself from an official proceeding to which he has been legally summoned; or
(5) to abstain from, discontinue, or delay the prosecution of another.
(b) A witness or prospective witness in an official proceeding commits an offense if he knowingly solicits, accepts, or agrees to accept any benefit on the representation or understanding that he will do any of the things specified in Subsection (a).
(c) It is a defense to prosecution under Subsection (a)(5) that the benefit received was:
(1) reasonable restitution for damages suffered by the complaining witness as a result of the offense; and
(2) a result of an agreement negotiated with the assistance or acquiescence of an attorney for the state who represented the state in the case.
(d) An offense under this section is a state jail felony.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 721, § 1, eff. Sept. 1, 1997.
TEXAS PENAL CODE § 39.03. OFFICIAL OPPRESSION. (a) A public servant acting under color of his office or employment commits an offense if he:
(1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;
(2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or [my note - See: Tex. Const. Art. 1 Sec. 10; ...He shall have the right to demand the nature and cause of the accusation against him, and to have a copy thereof...."]
(3) intentionally subjects another to sexual harassment.
(b) For purposes of this section, a public servant acts under color of his office or employment if he acts or purports to act in an official capacity or takes advantage of such actual or purported capacity.
(c) In this section, "sexual harassment" means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, submission to which is made a term or condition of a person's exercise or enjoyment of any right, privilege, power, or immunity, either explicitly or implicitly.
(d) An offense under this section is a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1989, 71st Leg., ch. 1217, § 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 16, § 19.01(34), eff. Aug. 26, 1991. Renumbered from V.T.C.A., Penal Code § 39.02 by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
You should report that magistrate immediately to the nearest peace officer, then swear out a formal complaint and give it to the District Attorney or present it to the next impanelled Grand Jury of the county where the felony occurred.
TEXAS PENAL CODE § 38.171. FAILURE TO REPORT FELONY. (a) A person commits an offense if the person:
(1) observes the commission of a felony under circumstances in which a reasonable person would believe that an offense had been committed in which serious bodily injury or death may have resulted; and
(2) fails to immediately report the commission of the offense to a peace officer or law enforcement agency under circumstances in which:
(A) a reasonable person would believe that the commission of the offense had not been reported; and
(B) the person could immediately report the commission of the offense without placing himself or herself in danger of suffering serious bodily injury or death. (b) An offense under this section is a Class A misdemeanor.
Added by Acts 2003, 78th Leg., ch. 1009, § 2, eff. Sept. 1, 2003.
Start the year off right. Easy ways to stay in shape.