Re: [tips_and_tricks] Re: I got a summons yesterday.
> The purpose of an arraignment is simply to enter a plea. I always pleadIn California, an arraignment is our chance to require that all the
> not guilty. It doesn't mean that I didn't do something - it simply means
> that the state hasn't proven that I'm guilty, and I'm presumed innocent
> until they do. Some jurisdictions proceed immediately to a hearing;
> others will schedule a hearing at a later date. For the former, I would
> ask for a continuance in order to "prepare an adequate defense." (key
elements of an arraignment are dealt with, before any plea can be entered.
Most times people waive all the requirements so that they can be convicted
and tender their fines and do their sentences earlier than necessary. If
they were to take advantage of all the law provides, they might never get
convicted at all! Permitting easy prosecution can help to make one a
recognized revenue resource in the locality.
Waiving rights and asking for continuances grants jurisdiction, which is a
primary defense for those wishing to avoid penalties.
> You'll also find that veryWithout a properly set court, and a proper arraignment, it requires a
> often, something wasn't done that's required by those statutes and
> regulations, in which case you can get the judge or hearing officer to
> disallow the evidence from the radar (assuming a radar was the
> speed-measuring device). Without that evidence, the state cannot prove
> its case.
dedicated rights-waiver to get convicted.
> Bottom line: the state is trying to use the law to take money from you.Actually, they want a promise of debt. Debt may be used as money with
those ignorant of the properties of money. But debt cannot BE money.
That fact can itself be used to win most cases, if they proceed that far.
> Your job is to make sure that the state (via the officer) isn't violatingIf one were to do that, one might find no officer exists in the situation,
> some portion of the law in order to do that. Make sure every "i" is
> dotted and every "t" is crossed.
but only multiple pretenders taking advantage of the wide-spead American
> In my request for discovery, I ask forThese are good to do only after many other prerequisites have been
> the officer's training records (not just the records relating to his
> training and certification to operate the radar unit), especially his
> training records relating to his ability to "make a visual determination"
> that you were speeding, as required by the statues in my state, and likely
> in yours as well. If those training records indicate that his accuracy
> was never that good in training, I would question his accuracy at the
> hearing and at least introduce reasonable doubt. I ask for copies of
> anything and everything that's mentioned in the statutes and regulations.
> Perhaps the radar unit wasn't calibrated periodically as required.
satisfied. Those who know better in my neighborhood never get that far
down the slippery slope. More people seldom bother to read the law to see
what has to be done to give them three hots and a cot, or a nice cut in
> I would not ask the judge for a copy of his oath because it will only pissThe time to get oaths is as soon as you know you have a problem. If they
> him off. That's something that you would get from the state headquarters
> or the court clerk. If they are unable to provide it, then I would bring
> it up at the hearing, but I would caution you against having a belligerant
are found out of order, there is a process for disqualification. Most
fools can be tricked into qualifying somebody out of their own mouths in
front of witnesses (like talking to them about their lack of oaths and
waiting for an explanation). That is terminal to the disqualification.
Most people fail to disqualify all the pertinent parties. Most people
exhibit symptoms of Stockholm Syndrome in the presence of their captors,
seeking to please ahead of any sense of self-preservation.
> I would approach everything very calmly and matter-of-fact,Not even a judge! Why was THAT waiver made? And no appeal made? And no
> like an attorney would. My son actually had a hearing officer compliment
> him on how well he prepared and presented his case, and even though he
> found my son guilty, he ordered no points on his license and the minimum
> fine because of his attitude and his clean driving record.
money issue raised?
> We (my son andAmericans can adapt to live as serfs, no doubt!
> I) decided that we could both live with that because we had more important
> things to do than fight jurisdictions and so forth.
> Do your homework and make the state (represented by the officer) prove itsBut that would mean no case, at least here in California. Here, it is
> case and jump through all the hoops.
impossible to be convicted (let alone prosecuted!) if one makes their
adversaries "jump through all the hoops".
> I've seen cases dismissed becauseOne thing me and my friends count on is "no officers" and "no case". We
> the officer didn't show for whatever reason, but you can't count on it.
feel so sad watching the other people waive one right after another.
Somehow they either don't know they are doing it, or they think it will
help them somehow.
> Hope for the best, but prepare for the worst. My experience has been thatIf you find yourself being prosecuted, and you have not acted to
> the courts are indeed a neutral arbiter, and they give the greatest
> latitude possible to the individual, not the state, especially if you go
> in thoroughly prepared, and you treat the court with respect. Leave your
> attitude at the door.
disqualify a number of people, you have not prepared for the worst.
> I strongly recommend purchasing the material available atI too recommend that course for one who is totally otherwise unprepared.
> www.jurisdictionary.com. I met the author personally, and he said, "The
> reason I created this course is to protect you from people in my
But having gotten the course, I have to say it presumes that too much
going on is still legitimate. It is a good course, for back when law
meant something to people. Unfortunately, we're well beyond that point
- I am in the State of New Mexico.
About a month ago, on a Friday after 4:00pm, I was pulled over, ostensibly, for
I told the policeman I would sign. Over my signature I wrote "Coactus Feci" and
under the signature I wrote "All rights reserved." and UCC 1-308.
I never showed up for "court".
So now I have a summons with the order to appear on Monday morning, 09:00 am.
for an "arraignment" .
I may be a little late to do you much good at the arraignment hearing. There is little one can do at arraignment for traffic violations other than just listen and try not to give them any more evidence that they can use against you. What Carl wrote was good but I get the feeling you are wanting to fight this with both hands and feet.So to begin with, I will presume you have drivers license, registration and insurance. If you don't that is OK, I think it is better in the long run if you have none of these, but if you do you must first agree that you have consented to being regulated and live with that fact.The court room is not the place for discovery. All the questions you have listed are good discovery questions and should be asked, but I would not ask them at arraignment, not even at trial, all of these questions should be agreed to or disagreed to before trial. I have personally won traffic felony charges, no drivers license, no insurance, counterfeit plates, forgery, concealment, no registration. I will send you sample filings from my case in Md. I must warn you, I am not a lawyer, I do not have a silver bullet for you to load into your gun. My court filings are tools I have used to win my case. The filings will not win your case, they are merely tools that you must learn to us to prove your position. Think of your filing in this way, the documents become witnesses that you will place on the witness stand that will testify in your defense. Justice is blind, it is not about justice, it is about who is the better chess player.Regardless of where your case is, file a Demand For Jury Trial, and a Demand For Speedy Trial. These are not motions they are Demands written much like a motion but are not. File all Demands and Motions separately so each has to be addressed separately. This will buy to time to do some book study. In most states six months later would be a early trial because of the back log of cases. Next you will file a "Motion" For Discovery. Discovery should be limited to the facts that support the charges against you and those persons who will testify against you. Keep it simple, you are wanting to start a good working relationship with the DA's office or the Police Department etc. You want them to comply with discovery. You can always do follow up questions after discovery has commenced.Next and maybe the most important part of your defense will be to fill a "Bill Of Particulars or Request For Particulars." Some states, use different terms so you must get out the rules book and do your home work. The questions you have listed have nothing to do with the facts of the case, so none of them will be asked in discovery. You will ask these and others in your Bill of Particulars. I will send you a sample attached Demand for Jury Trial and Demand for Speedy Trial and a Bill Of Particulars. The Bill will educate you more than I have time for. You will study the flow of the questions and add your questions accordingly. You need to direct case related questions to the DA, and certain question regarding Oaths of Office to the Clerk of the Court. Do not insult the judge by asking him directly in a court room. It is the Clerks job to assign judges to cases, the judge does not get to pick and chose. After reading what I have attached, let me know if I can help you further. Larry Milby Bravo18TC@...
> I told the policeman I would sign. Over my signature I wrote "CoactusIn California, signing a traffic ticket waives several rights, one of the
> Feci" and
> under the signature I wrote "All rights reserved." and UCC 1-308.
best that they can never hardly fulfill is the right to a formal verified
complaint. Accepting the ticket is the alternative most often chosen by
the accused. Waiving that makes it much easier on them. It also waives
the important right to be taken immediately before a magistrate, where the
so-called officer could be instantly disqualified, and then the magisrate
as well, rendering the whole affair a nullity.
> There is little one can do at arraignment for traffic violations otherHere, it is different. Here, first off, you can bring up the pending
> than just listen and try not to give them any more evidence that they can
> use against you.
official disqualifications you have initiated and then if they can
properly set the court (bet against that!) you can demand a formal
verified complaint (which they NEVER have) (because they count on EVERYONE
to waive it!) and demand a competent party to do the arraignment (whom
they also almost never have) and you can demand the list of witnesses
(none) and also you can get time to answer (but few seldom use this time
for what it's for).
> So to begin with, I will presume you have drivers license, registrationI never had those, but won the issues three times three different ways.
> and insurance. If you don't that is OK, I think it is better in the long
> run if you have none of these, but if you do you must first agree that you
> have consented to being regulated and live with that fact.
> Regardless of where your case is, file a Demand For Jury Trial, and aMotions grant jurisdiction while demands do not. Most people are too
> Demand For Speedy Trial. These are not motions they are Demands written
> much like a motion but are not.
timid to make demands. Asking for a continuance grants jurisdiction and
waives the right to a speedy trial. The speedy trial right is very
powerful because today it is nearly impossible for them to prepare fast
> You need to direct case related questions to the DA, and certain questionI ALWAYS ask to confer with the judge and DA "in chambers" specifically to
> regarding Oaths of Office to the Clerk of the Court. Do not insult the
> judge by asking him directly in a court room.
spare them embarrassment in front of the Peanut Gallery. If they ask
"why?" I say, "to discuss several pending disqualications". And even
Clerks and DA's need oaths and bonds, so you may need to hunt up a
competent clerk if yours is a phony. You find this out by going and
getting the oaths and bonds before you actually need them, or as soon afer
the incident as possible.
> assign judges to cases, the judge does not get to pick and chose.Any judge may recuse himself to spare the embarrassment of having you do it.