It's only a complaint if you agree to it or don't stand up for yourself. If someone throws a piece of paper on the ground with jargon on it... is a complaint, well if all parties agree that it is, it is. If you write on a piece of paper, I owe you $100 and write the date on it... is that complaint. Well, if all parties agree to it is.
A cop can't represent the state in court anymore than mickey mouse can represent Disney Inc. in court, unless you allow it. Actually, if I remember correctly some state constitutions even say who the prosecutor can be. Of course, if the cop can represent the state, why can't you, why can't the cop just become an attorney. It's basically back to "equal protection", if they can represent an entity why can't anyone? What's good for the goose is.... the legislative branch can never make law without "equal protection". If they don't need to give discovery neither do you.
1.) If the cop can represent the state, why can't you represent me? "Equal protection"
2.) There is no complaint until it is filed with the clerk.
3.) There is no valid summons until a complaint is filed by the prosecutor.
4.) Summons must be served by someone not involved in the case.
If all of the above is not completed correctly, there is no case which mean no jurisdiction.
I have helped a few people, to be honest I haven't gotten a ticket in 12+ years. Basically, if you don't stand up for yourself, everything is valid. In the few cases I have been involved in, it was just got dismissed. Sometimes they use excuses and such... like cop is not available.
I looked up that Lawyerguy after you posted, looks like he is suggesting the same thing. Another thing I heard someone do was just let it all go until the trial... when the cop shows up to testify... just disqualify him based on him serving you the summon? if you want to call it that.... I have no personal experience with that bullet.
Hope that helps, I don't have any greater insight than that... I would say that Lawyer is saying the same thing... but the disqualification is nice little bullet to use too. None of it is a silver bullet, make them follow their rules... it is possible they could give you a real complaint... it does happen. I like his idea about Motion to Quash, interesting little twist. The problem with the whole thing is there is no case and the judge wants to act like there is one.
Your remaining silent idea takes some guts. I love traffic ticket case, very little pressure... it an easy way of messing with the system. The reason why it's so funny is those guys know what they are doing is wrong, they usually look like kids caught in the cookie jar.
Quote:
|
Originally Posted by steve762
Though a deception, I have heard city prosecutor say, "This is the complaint, and there will be no discovery", happened sometime back was in a case I was attempting to help someone and we were asking questions in court of the prosecutor who was there.
Bailey, have you had any kills with the no complaint / usurpation approach? Palaschak (Lawyerdude) has had some success and am going to call the court to authenticate one of his citation kills.
I have not done it yet and look forward to employing a method that will not require arrest in order to effectivly attack a citation.
I use right to remain silent. It is still effective in spite of Hibble v. Nevada in combating citations.
Unfortunatly they will arrest you for remaining silent
|