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Old 02-04-2006, 07:08 AM
SansRecours SansRecours is offline
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Join Date: Oct 2004
Posts: 93
Words of State in Red

If the notice to appear is not verified, the defendant may, at the time of arraignment, request that a verified complaint be filed.

This is a typical twisted sentence. What does verification of a notice to appear (which by the way cannot be verified unless a complaint exists) have to do with a verified complaint?

This is a trick to con the receiver of the alleged notice, to grant subject matter and in personam jurisdiction by making the request.

all misdemeanors and infractions must be prosecuted by written complaint under oath subscribed by the complainant. Such complaint may be verified on information and belief.

Who has the authority to bring a complaint in the name and the authority of the people of California? Upon whose signature can such a complaint commence?
Once again it does not say by whom it is verified.

Interesting the grouping of misdemeanor and infraction. If the prosecutor or attorney is the sole authority to commence actions in the name of the state and its people, and the Legislature (the people) is grouping the two into the same statement, does it not follow that a complaint bearing only the signature of a police officer is insufficient in fact to be a complaint?

The first pleading on the part of the people in a misdemeanor or infraction case is the complaint

Amen to that! Now show as a matter of law and fact who has the authority to bring it.

The administrative evil hiding in the statute is at 40513 (a)Whenever written notice to appear has been prepared, delivered, and filed with the court, an exact and legible duplicate copy of the notice when filed with the magistrate, in lieu of a verified complaint, shall constitute a complaint to which the
defendant may plead "guilty" or "nolo contendere."
If, however, the defendant violates his or her promise to appear in court or does not deposit lawful bail, or pleads other than "guilty" or "nolo contendere" to the offense charged, a complaint
shall be filed that shall conform to Chapter 2 (commencing with Section 948) of Title 5 of Part 2 of the Penal Code, which shall be deemed to be an original complaint, and thereafter proceedings shall
be had as provided by law, except that a defendant may, by an agreement in writing, subscribed by him or her and filed with the court, waive the filing of a verified complaint and elect that the prosecution may proceed upon a written notice to appear.

Has the legislature made the determination that all receiving these notices are subject to administrative quasi-judicial procedure without specifically defining the identity of that class subject to it? Where is the waiver of judicial due process of law and republican form of government guarantee?

Is the legislature is saying that upon appearance that which is not a fact and cannot be a fact, or evidence suddenly becomes one leaving the receiver of the notice at his peril?

How can a notice become a complaint in the name of the State/People without a prosecutor signature?

Run Forrest! Run!

SansRecours
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