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02-05-10 Rule Of Law
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Special Guest: Ron Avery, architect and member of Architects & Engineers for 9/11 Truth. Ron is host...
Randy has the night off. Eddie [at 0hr04m30s] has been closely reading the purpose and objectives of Chapter 45 (“Justice and municipal courts”) of the Texas Code of Criminal Procedure and has serious concerns for the constitutional question it raises. Apparently, the Legislature has opted for “flexibility” for the courts, thereby placing the entire burden upon the people. Eddie explains the lack of Chapter 45 legal process for an information, discovery, assistance of counsel, the right to be heard, the introduction of evidence, cross-examination of witnesses, and compulsory process for witnesses in one’s favor. Chapter 45 is illegal. He explains how courts are not allowed to issue jail sentences for Chapter 45’s Class C misdemeanors, even though Chapter 45 is in a title of the Criminal Code that allows jail sentences. He asks how one can be put in jail after arrest in such a case (noting that arrest itself is a form of jail/imprisonment). And how is bail to be set?
James (CO) says [at 0hr33m] he has a date with a traffic court over his lack of carrying his DL and insurance with him. He was attacked by the fearful police when he stepped out of his car. Eddie says to get a blank criminal complaint form from the police department and file that at his arraignment (i.e., examination trial). Deborah says that James should cite the criminal statute that was violated on the form and then attach his statement of probable cause (i.e., his narrative of events) on a separate sheet.
Marvin (TX) says [at 0hr53m30s] he got a ticket and he sent a motion to dismiss based on in persona jurisdiction and the clerk sent him a document saying his motion was denied by the judge, who didn’t sign off on this. Eddie says that is allowable, but Marvin should file a motion for findings of facts and law concerning this denial.
Michael (MD) returns [at 1hr04m] to revisit a subject (the applicability of the common law in administrative “courts”), which was previously discussed on the ROL shows dated 20100722 [at 0hr05m] and 20100723 [at 3hr19m]. Michael has previously noted that the English common law is explicitly mentioned in the Maryland constitution. Eddie claims that the people are entitled to the common law, whereas Randy said that it is only common law when written down. He also asks hypothetically what to do in a court case when one is asked how one pleads and one answers that one does not understand the nature of the charges, the nature (e.g., civil, administrative) of the court, and the identity of the complaining party. Eddie says that in an administrative setting there is no need for a complaining party because it is a rules-driven “court”. Michael then notes that the federal and Maryland constitutions only mention criminal and civil courts, not administrative “courts”. Eddie agrees and says this is why he believes that the people are not bound by administrative rules unless they have entered into a contract binding them to such rules. Thus only city employees and contractors are bound by city ordinances. Eddie also says that in a civil case there must also be a contract of some kind, wherein a breach occurred for the complainant to complain.
Randy (not Kelton) (TX) calls [at 1hr24m50s] about his July 2nd speeding ticket and sent the motions that Eddie had suggested he file. He has received no responses to those as yet, but notes that the ticket has April 2 as the date of the violation. Eddie says that, yes, this should be a fatal flaw, but that the judge will try to circumvent that.
Rebecca (CA) [at 1hr33m] talks about an Idaho friend arrested on a DUI and held 18 days without an examination trial. He has filed motions and now lives in California, but the court is insisting on a personal, not telephone, appearance. Eddie doesn’t think there’s a way around the personal appearance since no motion was filed for that, but thinks a motion of finding of fact and law should be filed for the motions (all of them) that the judge denied. Eddie says that his speeding ticket conviction in absentia means that he is being charged under administrative law.
Floyd (TX) describes [at 1hr37m50s] receiving a pedestrian ticket even though he was riding his bicycle. He also wants to know about the laws concerning identity theft as his teenage son just had his stolen.
Samuel (GA) wants to know [at 1hr43m] about police bonds.
Gerald (TX) calls [at 1hr46m] about his son’s drawn-gun arrest in his closed garage. (Listen to Anthony’s description on the ROL show dated 20100806 [at 3hr23m20m].) Gerald is concerned about the lack of public access to the court’s proceedings (in the jail!) in this matter. He recorded, and had witnesses, when court employees told him that the public could be denied access to the courts. Eddie says he needs to file criminal and judicial conduct complaints against the judge and those employees. In the meantime, a jail guard confronts them and grabs his pistol. The sergeant did not want to deal with the situation. Gerald asks if he should send the tort letter to the county commissioners. Eddie strenuously urges everyone in a similar situation (and any witnesses) to immediately write an affidavit of everything that happened and get it notarized. If in Texas, send a copy to ROL for taking to the TX Legislature to prove how corrupt the courts are.
Damon (CA) [at 1hr51m] describes his brother being forcefully being removed from his car and held 48 hours without any legal proceeding (e.g., a hearing before a magistrate). Eddie says that when he is asked to plea at the arraignment that he should say he doesn’t know the nature of the charges against him and he needs a continuance of the arraignment until he receives this information.
Carl (TX) [at 1hr56m30s] has a docket appearance coming up. When he asked the nature of the court, the judge previously told him that it was a criminal court. Carl then asked for court-appointed counsel. The judge told him that that did not apply to offenses that do not carry jail time. Carl asked about a jury trial. The judge said that, if the court could not hear his case on the scheduled trial date, Carl could be brought back. Up to four times! Eddie: “Those are all lies.” Deborah says to simply move to have the case dismissed at that point.
HOUR 1 & 2
Monday is traffic night.
Eddie discusses purpose and objective of Texas chapter 45 of code of criminal procedures. Will lead to constitutional question.
Article 45.001 of code of criminal procedure. Put in place to remove “undue formalism”.
Why set up a court that doesn’t have to follow rules or formalities of other courts?
Article 45.002 of code of criminal procedure.
Has this made justice more friendly for pro se litigants without having to know all formal rules of other courts or has this allowed them to more easily take our money?
What if people don’t want the easiness and simplicity, because it allows them to run roughshod over us? How to move case to a more formal court?
Since justice and municipal courts can only hear cases with fines, how do they force community service? Why does article article 45.014 contain “warrant of arrest”.
Why does article article 45.015 contain “jail”.
Why does article article 45.016 contain “bail”.
No other defendant does not get a court appointed attorney.
No other defendant must post double bond.
No other defendant can be held indefinitely before posting bond (class C misdemeanor does contain “48 hours” clause).
If you go into court room showing you know what is happening, then you have a chance.
32:52
James from Colorado.
Traffic ticket for expired license plate. At the time did not have driver’s license and insurance in the vehicle. He approached officers in their vehicles and was handcuffed. He sent letter asking for nature of charges and has not received a response. He says police are paranoid.
Eddie says to appear with criminal complaints against officers. Go to police station or court clerk and ask for a blank criminal complaint form.
Deborah says to pull criminal complaint form that has been filed in the courts. It is a specific legal document in Texas. Need to name specific statute that was violated, sign it, notarize it. Attach statement of probably cause (story of what happened).
Several methods to get the criminal complaint in front of a magistrate. Could attach it to documents in your current case so the judge will get it in his hands.
Get the documents presented to the judge and in his hands.
Deborah thinks in Colorado judges are magistrates, and thinks this is true in all states. They may tell you to go to a Justice of the Peace. Duty of magistrate is invoked when they get a criminal complaint in their hand. If judge does not accept criminal complaint it is a crime so file motion to have judge dismissed from your case.
Filing affidavits in your case typically has no effect. File a motion, possibly with motions attached. File judicial notice if you want court to take notice of something, don’t file an affidavit. Affidavit is for you declaring under penalty of perjury that you have personal knowledge of something. Don’t file affidavit telling court how to interpret law.
Caller asks if they know “IRS Humbug” Frank Karolick (sp?).
Deborah suggests retitling affidavit to “judicial notice”.
53:21
Marvin in Texas.
Traffic ticket. Has sent motion to judge to dismiss for lack of jurisdiction. Clerk responded with denial.
Eddie says clerk in Texas does not have authority to dismiss. An unsigned order in Texas is considered a denied motion. File “demandings of fact and conclusions of law” so judge will show why. This motion is in traffic seminar material.
Ask for name and full contact information of prosecutor. Find out who they work for. If the prosecutor works for a private firm or is a city attorney, he can not prosecute state law.
63:55
Michael from Maryland.
Question of applicability of common law.
Eddie says people (not employees nor contractors) can not be bound by rules unless it is in the common law. Employees and contractors must follow the rules.
As an example of unwritten law, Eddie says morality is a law.
Deborah says common law is wrote down in the Magna Carta.
Caller emailed concerning Texas City chemical leak. Deborah says “Sea Breeze” published it. It was an equipment failure and they didn’t shut down the refinery. Everyone exposed is at risk of early death.
71:00
Randy is giving mortgage fraud seminar at 1 PM Saturday. No charge. Will not discuss due process at this seminar (may be done at cost to fund the network).
Traffic Seminar is available for purchase to help fund the network.
Order Jurisdictionary through the website to help fund the network.
If the radio show helps the callers, please provide a donation.
75:15
Michael from Maryland.
How to ask prosecutor to show complaining party when in administrative court?
Eddie says administrative court is about rules, not injury to someone else. There is no adverse party.
Caller says constitution only specifies civil and criminal. Eddie says that is why people are only bound to these rules if the people agree to contract.
Eddie says to ask complaining party to show where defendant has agreed to be bound by those rules. Ask the to show:
1) enforceable agreement
2) two parties
3) breach of contract.
Deborah says Randy is over-worked.
84:44
Randy in Texas.
Traffic speeding ticket on July 2. On ticket the date of offense is 4/2/10.
Eddie says that makes it defective, though judge will not consider it to be a fatal defect. Consider going to trial and have office read ticket. Point out it is invalid.
Review code of criminal procedure to learn the process.
93:00
Rebecca in California.
Idaho DUI case. Held in jail for 18 days before seeing magistrate. Now lives in California. Motions to appear by phone instead of in person have been ignored.
Eddie suggests judge show due cause and foundation for denying motion.
Failure to appeal will cause a warrant to be issued. Has person been served?
Person was served by mail after speeding case was heard.
If they can find guilt in absentia, then it is administrative.
Read the procedural rules.
97:44
Floyd from Texas.
Bicycle ticket issued as a pedestrian.
Eddie says bicycle is considered traffic, though not a vehicle. Does offensive on ticket exist in law?
Look up definition of: pedestrian, roadway.
Texas Constitution, Article 3, Section 29, enacting clause.
Son had identity stolen.
Go to county attorney or district attorney. Get credit report. File disputes with credit agencies.
102:47
Samuel from Georgia.
How to check bond and insurance carrier of public official.
It depends on state law of where they will be located. Determine this by reading constitution or statutes.
Deborah says only elected officials have individual bonds. Police have a bond for entire department.
105:57
Gerald in Texas.
Son Anthony previous called about Portland police. Son arrested with friends in garage. Says they admit there is no public access to hearings, and recorded this conversation. There were two witnesses.
File criminal charges and tort letter to county commissioners against judge and others in court for violation of state law of open courts.
In Texas when this happens, write up everything in an affidavit, have witnesses do the same. Send to Rule of Law Radio.
111:05
Damon from California.
Brother has arraignment for not voluntarily exiting vehicle during traffic stop. Was placed in jail without going first to magistrate.
Review California law about process after placing person under arrest. In Texas the statutes say to go to magistrate before jail.
Arraignment is to get person there with a name, and to ask for plea. When judge asks for plea, ask for nature of crime to be put in writing. Ask for continuance (reschedule) of arraignment. If judge enters please for brother, this can later be appealed.
116:24
Carl in Texas.
Docket appearance in Austin. Asked judge nature of court. Judge said criminal and that no counsel can be appointed because no jail time can be given and that jury trial can be rescheduled up to four times.
If jury trial does not take place, file motion to dismiss with prejudice.