Archive for Penal Code 807

This is short and sweet.  The Penal Codes play a huge part in getting your Californina Traffic Ticket dismissed.  The following Penal Codes are about a Magistrate.  Who has the power to judge you? I included just two Penal Codes, they are short and below: I am italic and underlining what is important.

807.  A magistrate is an officer having power to issue a warrant for the arrest of a person charged with a public offense.

808.  The following persons are magistrates:

   (a) The judges of the Supreme Court.

   (b) The judges of the courts of appeal.

   (c) The judges of the superior courts.

The big distinction is that a Magistrate can arrest you (of course he does not-he issues a warrant to have the Peace Officer(s) arrest you) for a Public Offense (don’t know what a private offense is?)

Then it lists who are Magistrates. Notice you do not see Commissioners listed. 99% of us appear before a commissioner when we are in Misdemeanor or Traffic court. I have seen several types of ‘name’ tags (little name plates on the judges bench or plaques to show their designation). I have seen several things like ‘Judicial Officer’, but then have seen them sign as ‘Commissioner’.

So, why does this matter? Keep browsing my blog or videos. Everything in the code states that a Magistrate must do or conduct something like a ‘preliminary examination’ or indorse a commitment against you. Even a Commissioner can not correct something done incorrectly or out of sequence, and you can call them on their judicial status.

Again, I personally have used this on several California stop sign tickets and traffic tickets, namely 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 cheapest propecia online the video below, so you can hear the reading of the code itself.

Ronald Cupp PhD

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