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Re: [tips_and_tricks] Definition of the legal term "forthwith."

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  • Email41@aol.com
    ... Sounds like a waiver occurred. I m not sure if a waiver occured, however, what actually occured according to my knowledge is that I demanded a sworn
    Message 1 of 6 , Apr 8, 2008
      > A sworn complaint did not appear in the court records until after two
      > appearances and approximately 6 weeks duration of time.

      Sounds like a waiver occurred.


      I'm not sure if a waiver occured, however, what actually occured according to my knowledge is that I demanded a sworn complaint to be presented at each special appearance. At both appearances there did not exist a sworn complaint in the court record. The complaint was sworn after my second demand. I do this intentionally to ensure on the record of my demand for due process inaccordance with the Tx. Code of Crim. Proc. Rules. I believe this establishes the record of the violation of my right to due process and automatically brings jurisdictional challenges to the alleged case.


      > I am wondering if any court would accept 70 days from the accusation
      > and 40 days from the filing of a sworn complaint as reasonable for the
      > command "shall forthwith?"

      Sounds like somebody accepted it and permitted them to move forward
      without it.


      I suspect that the presiding judge (a Texas Ranger who resigned his office to run for the County Judge's office, was not elected and now occupies the Muni Judge's office) accepted it. The attorney for the STATE OF TEXAS has never appeared at any tribunal nor on paper in this alleged case.


      > It seems to me that the refusal of the state attorney to file an
      > information is an artifice to deprive me of my fundamental and
      > substantive rights of due process.
      >
      >     Any ideas?

      Writ of Mandate, with the alternatives offered being PRODUCE or DISMISS!


      I thought your common strategy was to enter a higher court and sue for a Writ of Prohibition. I have some understanding of the concepts but I have never done this petition before. Would I have to sue for the Writ when they are unable to answer the Writ of Mandate (Mandamus or is that something different)?


      Regards,

      FF





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    • Frog Farmer
      ... I forget, why was a second appearance necessary or made? Without a sworn complaint, what gives jurisdiction there? ... I can understand it occurring
      Message 2 of 6 , Apr 8, 2008
        > I'm not sure if a waiver occured, however, what actually occured
        > according to my knowledge is that I demanded a sworn complaint to be
        > presented at each special appearance. At both appearances there did
        > not exist a sworn complaint in the court record.

        I forget, why was a second appearance necessary or made? Without a
        sworn complaint, what gives jurisdiction there?

        > The complaint was
        > sworn after my second demand. I do this intentionally to ensure on the
        > record of my demand for due process inaccordance with the Tx. Code of
        > Crim. Proc. Rules. I believe this establishes the record of the
        > violation of my right to due process and automatically brings
        > jurisdictional challenges to the alleged case.

        I can understand it occurring because I once put off arraignment 9 times
        in nine months, but they never succeeded and finally "dismissed"
        something that didn't even exist to be dismissed, a CASE.

        > Sounds like somebody accepted it and permitted them to move
        > forward
        > without it.
        >
        > I suspect that the presiding judge (a Texas Ranger who resigned his
        > office to run for the County Judge's office, was not elected and now
        > occupies the Muni Judge's office) accepted it.

        I meant, it looks like YOU accepted it too.

        > The attorney for the
        > STATE OF TEXAS has never appeared at any tribunal nor on paper in this
        > alleged case.

        There you go, "alleged case". Haven't you had enough yet? Who is
        milking this thing, and why?

        > I thought your common strategy was to enter a higher court and sue for
        > a Writ of Prohibition.

        Back in the old days I did do that, but now I know it is ALL show, all
        smoke and mirrors, so I don't play. I disqualify everyone ASAP/IMOC and
        explain that my time on Earth is short and I'm finished pretending and
        playing and I don't mind if they play with the bewildered populace and
        I'll even have fun with them, but I cannot take it seriously or spare
        their game any time or resources. Most appear to understand.

        > I have some understanding of the concepts but I
        > have never done this petition before. Would I have to sue for the Writ
        > when they are unable to answer the Writ of Mandate (Mandamus or is
        > that something different)?

        Writ of Mandate (English word) is the same as Mandamus (Latin word). It
        is a writ that commands that a ministerial duty be performed. The duty
        has to be identified and articulated.

        A Writ of Prohibition is the opposite - it commands that an act NOT take
        place.

        CALIFORNIA PENAL CODE
        SECTION 995-999a

        995. (a) Subject to subdivision (b) of Section 995a, the indictment
        or information shall be set aside by the court in which the
        defendant is arraigned, upon his or her motion, in either of the
        following cases:
        (1) If it is an indictment:
        (A) Where it is not found, endorsed, and presented as prescribed
        in this code.
        (B) That the defendant has been indicted without reasonable or
        probable cause.
        (2) If it is an information:
        (A) That before the filing thereof the defendant had not been
        legally committed by a magistrate.
        (B) That the defendant had been committed without reasonable or
        probable cause.
        (b) In cases in which the procedure set out in subdivision (b) of
        Section 995a is utilized, the court shall reserve a final ruling on
        the motion until those procedures have been completed.

        996. If the motion to set aside the indictment or information is
        not made, the defendant is precluded from afterwards taking the
        objections mentioned in Section 995.

        997. The motion must be heard at the time it is made, unless for
        cause the court postpones the hearing to another time. The court may
        entertain such motion prior to trial whether or not a plea has been
        entered and such plea need not be set aside in order to consider the
        motion. If the motion is denied, and the accused has not previously
        answered the indictment or information, either by demurring or
        pleading thereto, he shall immediately do so. If the motion is
        granted, the court must order that the defendant, if in custody, be
        discharged therefrom; or, if admitted to bail, that his bail be
        exonerated; or, if he has deposited money, or if money has been
        deposited by another or others instead of bail for his appearance,
        that the same be refunded to him or to the person or persons found by
        the court to have deposited said money on behalf of said defendant,
        unless it directs that the case be resubmitted to the same or another
        grand jury, or that an information be filed by the district
        attorney; provided, that after such order of resubmission the
        defendant may be examined before a magistrate, and discharged or
        committed by him, as in other cases, if before indictment or
        information filed he has not been examined and committed by a
        magistrate.

        998. If the court directs the case to be resubmitted, or an
        information to be filed, the defendant, if already in custody, shall
        remain, unless he or she is admitted to bail; or, if already admitted
        to bail, or money has been deposited instead thereof, the bail or
        money is answerable for the appearance of the defendant to answer a
        new indictment or information; and, unless a new indictment is found
        or information filed before the next grand jury of the county is
        discharged, the court shall, on the discharge of such grand jury,
        make the order prescribed by Section 997.

        999. An order to set aside an indictment or information, as
        provided in this chapter, is no bar to a future prosecution for the
        same offense.

        999a. A petition for a writ of prohibition, predicated upon the
        ground that the indictment was found without reasonable or probable
        cause or that the defendant had been committed on an information
        without reasonable or probable cause, or that the court abused its
        discretion in utilizing the procedure set out in subdivision (b) of
        Section 995a, must be filed in the appellate court within 15 days
        after a motion made under Section 995 to set aside the indictment on
        the ground that the defendant has been indicted without reasonable or
        probable cause or that the defendant had been committed on an
        information without reasonable or probable cause, has been denied by
        the trial court. A copy of such petition shall be served upon the
        district attorney of the county in which the indictment is returned
        or the information is filed. The alternative writ shall not issue
        until five days after the service of notice upon the district
        attorney and until he has had an opportunity to appear before the
        appellate court and to indicate to the court the particulars in which
        the evidence is sufficient to sustain the indictment or commitment.










        >
        >
        >
        >
        > Regards,
        >
        > FF
        >
        >
        >
        >
        >
        >
        > **************
        > Planning your summer road trip? Check out AOL Travel Guides.
        > (http://travel.aol.com/travel-guide/united-
        > states?ncid=aoltrv00030000000016)
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