Encounter with SD Sheriffs - HA!

[redy2fiyt]

Here we go:

Originally Posted by Codee

Now does the Penal Code FORBID a BENCH TRIAL for public offenses?

If so where?

BENCH TRIAL is not listed in the CA Penal Code anywhere that I could find.

Before I go any further, is there a more technical term for BENCH TRIAL that may be listed in the codes?

[Codee]

Originally Posted by redy2fiyt

Here we go:



BENCH TRIAL is not listed in the CA Penal Code anywhere that I could find.

Before I go any further, is there a more technical term for BENCH TRIAL that may be listed in the codes?

COURT TRIAL or TRIAL BY JUDGE

[Codee]

Here is one of the things I was getting at. The code only says one cannot be CONVICTED of public offense without a jury trial. Thus there was no conflic in the law. It stated that no person may be convicted unless by jury OR by plea of guilty....

So there are ways to CONVICT me without a trial by jury howevr CONVICTION is not possible by a COURT TRIAL.

So can the court try me and then not convict me? yeah.

Thereis no conflict because the Penal Code does not GUARANTY a jury trial... it simply forbids CONVICTION without one.

That is why I feel Battle was decided wrongly.

The case tou are citing from that disagrees with battle was a Supp case and cannot overide Sava.

The fact that it is unpublished lends weight to the assumption it is not going to be able to be relied upon to counter Battle however it may convince the upper
courts that the issue needs deciding.

Seems like Sava upheld the case and Sava is a real appellate court.

[James]

Quote:
Originally Posted by redy2fiyt
I think we are gonna start with renewing our licenses and signing "without prejudice" and "under duress". Although this is not the preferred method, I gotta take it one battle at a time with the wifey. This way, if all goes south on a traffic stop, and she loses her arguements with the arresting officer, she can always pull the ace out of the sleeve and hand it to them.

Quote:
Originally Posted by Livefire
I tried the without prejudice thing here in Michigan and they will refuse the application if you try to use a restrictive endorsement. I was told by the clerk that their computer is set up to reject any such application. (not that they were necessarily being truthful, but JRB is right, agencies and courts dont operate in a vacuum!)
You may run into the same problem.


Send a letter, certified or registered-mail with return receipt requested, informing them that you are amending the application, nunc pro tunc, to incorporate the language “without prejudice” above your signature.

[Codee]

I got without prejudice on my licence and it had no noticable affect on my life.

[redy2fiyt]

Originally Posted by Codee

When and where did the term "PUBLIC OFFENSE" first enter into the California Codes?

Why are some actions made into CRIMES (It shall constitute a crime... Shall be a crime...) and why are some actions made UNLAWFUL (It shall be unlawful...)?

These are great questions that I have been picking my brain on and researching, but can't find the answers to. Can you help a brotha out?

[FreeFromContract]

Originally Posted by James

Send a letter, certified or registered-mail with return receipt requested, informing them that you are amending the application, nunc pro tunc, to incorporate the language “without prejudice” above your signature.

You sure about that? I thought only a court could issue a nunc pro tunc order in order to correct an omission arising from an event that happened in the past. I haven't tried it or heard of anyone trying it. It would be my guess that the licensing agency would respond by stating a new application would need to be filed, if you get any response at all.

[Codee]

Originally Posted by redy2fiyt

These are great questions that I have been picking my brain on and researching, but can't find the answers to. Can you help a brotha out?

Ill call you... we'll set up a study.

PM me your phone number again.

does any one know what going on with this forum or lawresearchgroups web page. every time i try to link to something i can not. also i have ordered some things i have been charged for it but never recieved the material i paid for. it has been several weeks i can not contact any one. phone# are disconnected no reply from the group NOTHING. can any one piont me in the right direction. i feel i have been taken. (made payment no product) thanx

[Difranco]

Originally Posted by Codee

I got without prejudice on my licence and it had no noticable affect on my life.

A term I heard would work better above your signature is "Not Amenable to Process"