I felt confident cramming for my appearence in Jop court using a combination of Mark Stevens and Ralph Winterood.Surely i had them on both assistance of council and impeaching the witness i projected.In a just court it would be grand slam home run.Alas this was a Justice o peace.(they don't have to be a lawyer or even a graduate of junior high).I had problems with this court from the get go.They refused to wait on the postal person for 4 days of them showing up and being made to wait till they had to leave. Fast forward 2 months later the prosecutor had not even made an effort to get the tape from the police which clearly had him proceeding without assistence of council.He went that day came back while i waited in court with everyone for 30 minutes(cops in same building)He claimed it was erased.Fast foward to today. Case starts with prosecutor asking long questions about the same thing .When he stated to the cop when you say mr nuetron running the stop sign. I interupted objection calls for a legal conclusion witness cannot testify.The prosecutor was enraged that i dare object him.But contiued. Finally i ask the cop what i said.He i asked for a lawyer.I repeated the questions Am i under arrest free to go can't proceed without assistance of council.He Agreed. I motioned for a directed verdict judge declined. I asked why he said thats something he decides. So i ask the officer Would there be a crime if i were not in the state of texas on the date of xyz.The cop answetred but you where,I asked 2 more times he said he didn't understand.
Finally i said is it your testimony that i was in the state of texas on that day
he says yesI asked if was arbitrary or based on facts currently within his knowlegde he said yes.So i ask factually what is the state of texas he says the ground after asking and him not answering .I motion for a dismisal based on lack of personal knowledge.Jop says no. I then sight texas rules of evidence 602 TO THE JOP HE STILL SAYS NO.So after trying to cross examine the cranial challenged cop. The prosecutor says no more questions.
He then asks me if i have anymore witnesses.I look across at the prosecutor and say i would like to question the prosecutor.He looks extremely angry his eyes bulging out of their sockets.Jop says yes as long as it is jermaine to the case(jermaine my word not his)I ask the judge if i could enter things into evidence.He say if he thinks he needs them he will ask for them.I ask the prosecutor if i am allowed to contact him directly. he says no.I ask when he recieved my supeona for the tape of the traffic stop. PRO says hes busy
and dosen't recall he only goes there once a month.I said how about July 19
2 full months after i requested it.He said he didn't recall.I REMINDED HIM you went in the middle of court and you where told it was destroyed.He said hes a real estate lawyer and is there once a month. I ASK HIM is it your normal proceedure to wait that long. Again he says no recall. I told him does he think its fair.The Judge is saying (in open court!)that the case is taking to much time.(my case was under one hour he let some of sap talk about mist for 1 and a half hours before me.)So finally knowing the shaft was coming I ask the prosecutor is there evidence of a complaing party.The office smirks looks down and mumbles i can't answer that smirking harder turning his head behind himself(the judge looks like he dosen't get the joke and the cop looking like he smoked bad mushrooms)I say isn't a complaining party necessary for a cause of action.He again says he can't answer. I said but aren't you the legal guy.I say no further questions.Closing arguement prosecutor says one thing is for sure i was guilty of this extra. I looked at the
JOP who was looking at me waiting for the objection I object saying prosecutor was not there and can't say that. Judge says he means the cop .
I say in closing that the officer violated my assistence of council, the witness was impeached and my evidence was lost to slowness of the prosecutor.The judge says this case is over.I say to the jop but i can appeal right.The judge is even more angry pauses and says yes. He looks to the prosecutor and the prosecutor says i should be charged the maximum.The judge says mumbles guilty and fines me 280.My origial fine would have been 140. My initial reaction is to appeal but in this county it would cost me 560 to appeal.I am also considering filing a judical misconduct complaint also.Any thoughts on this.