Archive for August, 2010

When you get a California Traffic Ticket at  some point the courts will want you to enter a plea.  This is just to let you know what Pleas are available to you and a couple of the intricacies. Most people only know of the first 3 pleas. The actual code is below:

1016.  There are six kinds of pleas to an indictment or an information, or to a complaint charging a misdemeanor or infraction:

   1. Guilty.

   2. Not guilty.

   3. Nolo contendere, subject to the approval of the court. The court shall ascertain whether the defendant completely understands that a plea of nolo contendere shall be considered the same as a plea of guilty and that, upon a plea of nolo contendere, the court shall find the defendant guilty. The legal effect of such a plea, to a crime punishable as a felony, shall be the same as that of a plea of guilty for all purposes. In cases other than those punishable as felonies, the plea and any admissions required by the court during any inquiry it makes as to the voluntariness of, and factual basis for, the plea may not be used against the defendant as an admission in any civil suit based upon or growing out of the act upon which the criminal prosecution is based.

   4. A former judgment of conviction or acquittal of the offense charged.

   5. Once in jeopardy.

   6. Not guilty by reason of insanity.

   A defendant who does not plead guilty may enter one or more of the other pleas. A defendant who does not plead not guilty by reason of insanity shall be conclusively presumed to have been sane at the time of the commission of the offense charged; provided, that the court may for good cause shown allow a change of plea at any time before the commencement of the trial. A defendant who pleads not guilty by reason of insanity, without also pleading not guilty, thereby admits the commission of the offense charged.

This is what you can plea with, but our entire focus is for you NOT TO PLEA. If you plea, you are under the jurisdiction and control of the court. You are now under Contract. You will have to operate under their rules. We always still do, but by using our system we beat them at their own game, and we are not under contract or in jeopardy until we do plea. We just keep using the rules of the court to get a dismissal without a plea.

Important note: if you do have to plea Guilty, plea Nolo Contendre as it is the same as guilty but it cannot be used against you again after in a civil court.

Again, I personally have used this on several California Traffic Tickets, namely  speeding tickets, cell phone tickets, commuter lane tickets, red light tickets, red light camera tickets and seat belt tickets to tie them up and use their own rules of court against them. Remember  It  works for all California infractions,  to have them treated for our purposes, to hold them to the Misdemeanor laws and rules of court!

I have included the video below, so you can hear the reading of the code itself!

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Ronald Cupp PhD

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One of the nails in the coffin against the case against you, one of the main reasons for your dismissal. A key ingredient in our recipe for your California Speeding Ticket or any Traffic Ticket dismissal. Ahhh, the ole procedure clause! Those speedy trial rights! 

The actual code is below: Pay attention to what I italic and underline, I will explain after the code.

California Penal Code

1382.  (a) The court, unless good cause to the contrary is shown, shall order the action to be dismissed in the following cases:

   (1) When a person has been held to answer for a public offense and an information is not filed against that person within 15 days.

   (2) In a felony case, when a defendant is not brought to trial within 60 days of the defendant’s arraignment on an indictment or information, or reinstatement of criminal proceedings pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2, or, in case the cause is to be tried again following a mistrial, an order granting a new trial from which an appeal is not taken, or an appeal from the superior court, within 60 days after the mistrial has been declared, after entry of the order granting the new trial, or after the filing of the remittitur in the trial court, or after the issuance of a writ or order which, in effect, grants a new trial, within 60 days after notice of the writ or order is filed in the trial court and served upon the prosecuting attorney, or within 90 days after notice of the writ or order is filed in the trial court and served upon the prosecuting attorney in any case where the district attorney chooses to resubmit the case for a preliminary examination after an appeal or the issuance of a writ reversing a judgment of conviction upon a plea of guilty prior to a preliminary hearing. However, an action shall not be dismissed under this paragraph if either of the following circumstances exists:

   (A) The defendant enters a general waiver of buy propecia cheap the 60-day trial requirement. A general waiver of the 60-day trial requirement entitles the superior court to set or continue a trial date without the sanction of dismissal should the case fail to proceed on the date set for trial. If the defendant, after proper notice to all parties, later withdraws, in open court, his or her waiver in the superior court, the defendant shall be brought to trial within 60 days of the date of that withdrawal. Upon the withdrawal of a general time waiver in open court, a trial date shall be set and all parties shall be properly notified of that date. If a general time waiver is not expressly entered, subparagraph (B) shall apply.

   (B) The defendant requests or consents to the setting of a trial date beyond the 60-day period. In the absence of an express general time waiver from the defendant, or upon the withdrawal of a general time waiver, the court shall set a trial date. Whenever a case is set for trial beyond the 60-day period by request or consent, expressed or implied, of the defendant without a general waiver, the defendant shall be brought to trial on the date set for trial or within 10 days thereafter.

   Whenever a case is set for trial after a defendant enters either a general waiver as to the 60-day trial requirement or requests or consents, expressed or implied, to the setting of a trial date beyond the 60-day period pursuant to this paragraph, the court may not grant a motion of the defendant to vacate the date set for trial and to set an earlier trial date unless all parties are properly noticed and the court finds good cause for granting that motion.

   (3) Regardless of when the complaint is filed, when a defendant in a misdemeanor or infraction case is not brought to trial within 30 days after he or she is arraigned or enters his or her plea, whichever occurs later, if the defendant is in custody at the time of arraignment or plea, whichever occurs later, or in all other cases, within 45 days after the defendant’s arraignment or entry of the plea, whichever occurs later, or in case the cause is to be tried again following a mistrial, an order granting a new trial from which no appeal is taken, or an appeal from a judgment in a misdemeanor or infraction case, within 30 days after the mistrial has been declared, after entry of the order granting the new trial, or after the remittitur is filed in the trial court, or within 30 days after the date of the reinstatement of criminal proceedings pursuant to Chapter 6 (commencing with Section 1367). However, an action shall not be dismissed under this subdivision if any of the following circumstances exists:

   (A) The defendant enters a general waiver of the 30-day or 45-day trial requirement. A general waiver of the 30-day or 45-day trial requirement entitles the court to set or continue a trial date without the sanction of dismissal should the case fail to proceed on the date set for trial. If the defendant, after proper notice to all parties, later withdraws, in open court, his or her waiver in the superior court, the defendant shall be brought to trial within 30 days of the date of that withdrawal. Upon the withdrawal of a general time waiver in open court, a trial date shall be set and all parties shall be properly notified of that date. If a general time waiver is not expressly entered, subparagraph (B) shall apply.

   (B) The defendant requests or consents to the setting of a trial date beyond the 30-day or 45-day period. In the absence of an express general time waiver from the defendant, or upon the withdrawal of a general time waiver the court shall set a trial date. Whenever a case is set for trial beyond the 30-day or 45-day period by request or consent, expressed or implied, of the defendant without a general waiver, the defendant shall be brought to trial on the date set for trial or within 10 days thereafter.

   (C) The defendant in a misdemeanor case has been ordered to appear on a case set for hearing prior to trial, but the defendant fails to appear on that date and a bench warrant is issued, or the case is not tried on the date set for trial because of the defendant’s neglect or failure to appear, in which case the defendant shall be deemed to have been arraigned within the meaning of this subdivision on the date of his or her subsequent arraignment on a bench warrant or his or her submission to the court.

   (b) Whenever a defendant has been ordered to appear in superior court on a felony case set for trial or set for a hearing prior to trial after being held to answer, if the defendant fails to appear on that date and a bench warrant is issued, the defendant shall be brought to trial within 60 days after the defendant next appears in the superior court unless a trial date previously had been set which is beyond that 60-day period.

   (c) If the defendant is not represented by counsel, the defendant shall not be deemed under this section to have consented to the date for the defendant’s trial unless the court has explained to the defendant his or her rights under this section and the effect of his or her consent. 

Here we go again, again and again.

Your rights must be protected, and these procedures must be followed. When put together with PC 738-740, 872, this becomes so powerful. These 5 ingredients are the basis of your dismissal.

Paragraph A (1)

held to answer for a public offense and an information is not filed against that person within 15 days. (see video and blog PC 738-740)

   (3) Regardless of when the complaint is filed, when a defendant in a misdemeanor or infraction case is not brought to trial ….., within 45 days after the defendant’s arraignment or entry of the plea  , this is your speedy trial rights. Remember all the procedures of 738-740, 853.9, 853.6 & 815(a), and 872 MUST be completed properly before they can try you. (see all videos and blog posts on these to refresh). As a side note: remember the Discovery? (see video & blog for 1054-that gummed up the works for them)

So, in English, if you are NOT in custody, they have 45 days to start trial from your arraignment, and remember your arraignment is the date you appeared in court, were read your charges, and asked how you plea. Period! The courts always get this wrong. They feel that because it says ‘whichever is later’ that they can continue it on forever.

There is a top ranking court case (you will need to see that video and blog post also- Chartuck v. Municipal Court 50 Cal. App. 3d 931; 123 Cal. Rptr. 816; 1975 Cal. App. LEXIS 1828) that states that the Arraignment is complete when court asks defendant whether he pleads guilty or not guilty, and that the entry of the plea is a separate act, not part  of the arraignment, althought it may or not follow at same session in court.

I’m throwing this in as a (What the Heck?)   (A) The defendant enters a general waiver of the 30-day or 45-day trial requirement. A general waiver of the 30-day or 45-day trial requirement entitles the court to set or continue a trial date without the sanction of dismissal should the case fail to proceed on the date set for trial. You see this a lot, and for the life of me I can’t figure out why. There are several places in the code, where you can give up your rights (speedy trial, time frames, waiver of proper verified complaint, etc, etc) so that they can prosecute you on their terms and on their battlefield. You must pay attention, don’t ever give up any of your rights unless you are getting something very special in return for it!

(c) If the defendant is not represented by counsel, the defendant shall not be deemed under this section to have consented to the date for the defendant’s trial unless the court has explained to the defendant his or her rights under this section and the effect of his or her consent. They never do explain your rights under this section, so don’t hesitate to ask for your dismissal for this also. 

Again, I personally have used this on several California red light tickets and traffic tickets, namely cell phone tickets, commuter lane tickets, speeding tickets, red light camera tickets and seat belt tickets to tie them up and use their own rules of court against them. Remember  It  works for all California infractions,  to have them treated for our purposes, to hold them to the Misdemeanor laws and rules of court!

Ronald Cupp PhD

One of the nails in the coffin against the case against you, one of the main reasons for your dismissal of your California Traffic Ticket.   A key ingredient in our recipe for your dismissal. Ahhh, the ole probable cause and procedure clause!

The actual code is below: Pay attention to what I italic and underline, I will explain after the code. 

California Penal Code

872.  (a) If, however, it appears from the examination that a public offense has been committed, and there is sufficient cause to believe that the defendant is guilty, the magistrate shall make or indorse on the complaint an order, signed by him or her, to the following effect: “It appearing to me that the offense in the within complaint mentioned (or any offense, according to the fact, stating generally the nature thereof), has been committed, and that there is sufficient cause to believe that the within named A. B. is guilty, I order that he or she be held to answer to the same.”
   (b) Notwithstanding Section 1200 of the Evidence Code, the finding of probable cause may be based in whole or in part upon the sworn testimony of a law enforcement officer or honorably retired law enforcement officer relating the statements of declarants made out of court offered for the truth of the matter asserted. An honorably retired law enforcement officer may only relate statements of declarants made out of court and offered for the truth of the matter asserted that were made when the honorably retired officer was an active law enforcement officer. Any law enforcement officer or honorably retired law enforcement officer testifying as to hearsay statements shall either have five years of law enforcement experience or have completed a training course certified by the Commission on Peace Officer Standards and Training that includes training in the investigation and reporting of cases and testifying at preliminary hearings.

Paragraph (a) is the arrow in their heart. Your rights must be protected, and these procedures must be followed. When put together with PC 738-740, 1382, this becomes so powerful. These 5 ingredients are the basis of your dismissal.

Again, it says, (in English) ‘appears from the examination’ (means a probable cause hearing was held), the Magistrate (not a commissioner-see PC 807-808) shall  indorse, ON THE COMPLAINT, an order, signed BY THE MAGISTRATE,  “It appearing to me that the offense in the within complaint mentioned, has been committed, and that there is sufficient cause to believe that the within named A. B. (this is you-Mr. A.B.) is guilty, I order that he or she be held to answer to the same.” Answer same means to go to trial, be arraigned, read your charges, and ask how you plea?

Feed it back to them; ask to see your original filed copy of the NTA. Ask them to show you the probable cause and indorsement, and more importantly, the Magistrates signature on it. See my video and blog post for PC 738-740 for these requirements and time frames and filing requirements.

Again, I personally have used this on several California Seat Belt tickets and traffic tickets, namely cell phone tickets, commuter lane tickets, red light tickets, red light camera tickets and speeding tickets to tie them up and use their own rules of court against them. Remember  It  works for all California infractions,  to have them treated for our purposes, to hold them to the Misdemeanor laws and rules of court!

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Ronald Cupp PhD

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I have studied the California Penal Codes and many of them can help in your  California Traffic Ticket Defense.  Nails, Nails, Nails – Procedures, Procedures, Procedures. What does it take for them to get prescription pills online this right? It’s easy, but they don’t do it with us Traffic People. 

The actual Penal Codes are below, and I italic and underlined what is important. Notice it is all italic and underlined?

863.  The commitment for examination is made by an indorsement, signed by the magistrate on the warrant of arrest, to the following effect: “The within named A. B. having been brought before me under this warrant, is committed for examination to the Sheriff of ____.” If the Sheriff is not present, the defendant may be committed to the custody of a peace officer.

864.  At the examination, the magistrate must first read to the defendant the depositions of the witnesses examined on taking the information.

865.  The witnesses must be examined in the presence of the defendant, and may be cross-examined in his behalf.

Were you called before a Magistrate (within the 15 days time frame)? Were you read the depositions of the witnesses examined on taking the information? Were the witnesses  examined in your presence? Did you have the ability to cross examine them?

If any of the above were not followed, your due process rights were violated and you need to ask for your dismissal.

Again, see video’s and blog posts for 738-740, 815(a)-853.6-853.9, 872, 1382, Heck, everything. This is how the examination, probable cause,  and indorsement are to be held. All prior to the filing of the complaint (which we demand be verified).

I personally have used this on several California cell phone tickets and traffic tickets, namely  speeding tickets, commuter lane tickets, red light tickets, red light camera tickets and seat belt tickets to tie them up and use their own rules of court against them. Remember  It  works for all California infractions,  to have them treated for our purposes, to hold them to the Misdemeanor laws and rules of court!

Ronald Cupp PhD

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