Aug
13

California Penal Code 872. How Does It Help You In Court?

By 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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Comments

  1. skin care says:

    Thanks for that awesome posting. It saved MUCH time :-)

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