This is for Information and Educational Purposes ONLY.

This is for Information and Educational Purposes ONLY.

This should be considered ONLY after you have verified the Information Yourself.

(There is at least one mistake – Find it or them)

THE UNKNOWING ARE SLAVES TO LIARS

(Still Under Construction - BKT)

4-2013

Table Of Contents

0002.4 - Traffic Ticket OUTLINE

001 - Pleading When Information Not Filed – Article

002 - Traffic Due Process - Article

003 - Speed Signs - Article

004 - Property Rights Retained Even In Municipality

005 - Notice for Complaint

007 - Recusal First Challenge

008 - Recusal - Not informed of a Visiting Judge

009 - Recusal - Not a Retired Judge

010 - Notice for Information

011 - Motion to Set Aside Complaint

012 - Motion to Set Aside Information

015 - Judicial Notice to Judge

020.1 - Request For Admissions

030 - Motion for Continuance

040 - Certificate Of Discovery

050 - Affidavit Denying a Corporation

055 - Affidavit Denying Involvement in  Commerce

060 – Motion for Nature & Cause

070 - Motion for Following Rules

080 – Motion for a Fair Trial

085 - Radar Calibration Requirement

086 - Radar Certification Procedure

087 - Request For Production

090 - Brief for Quash Accusations

100 – Motion to Quash Accusations

110 - Affidavit In Support Of Motion to Challenge Subject Matter Jurisdiction

120 - Motion to Challenge Subject Matter Jurisdiction

130 – Motion to Waive Trial By Jury

140.1 - Notice of Objection by Accused

150 - Motion in Limine

160.1 – Motion to Show Authority

300 - Motion for a New Trial

310 – Request for Findings of Facts and Conclusions of Law

320 - Memorandum Of Law In Support Of Appeal Bond – MC

330 - Memorandum Of Law In Support Of Appeal Bond – JP

340 - Appeal Bond  from Court of Record

350 - Motion For Arrest Of Judgment

360.1 - Notice of Appeal

370 - Findings of Facts

400 – Recovery of Cost

COMMENTS

What you find in this outline below has been done with different results. Police Officers are all different and react in different ways on different days. People have been put in jail for having the disrespect of police officers for asking “Why have you arrested me?”. All, so called, government authority want you to jump when they say jump and don’t ask them how high. Reacting, as suggested, may get you a trip to see their facilities. These are only suggestions and they should be taken lightly, considering your situation. Something must be done to stop or at least slow down the stealing of our liberty. Knowledge will do this, but it is up to you to gain the knowledge necessary to keep your liberty. No one can do this for you, except you. Attorneys are taught to relieve you of your funds, not to guard your liberties. They win no matter which way the decision goes. Learn NOT to consent and you are half way there. Has a police officer ever asked you ‘Do you know why I stopped you?’. This is a trick question that allows the victim to entrap themselves. The only logical answer is ‘NO’ because you can only assume what someone else is thinking. When the judge asks if you understand or agree with a statement, the only logical answer can be ‘NO’. Even though you may believe that he is speaking English, chances are he/she is not. The language is called Legalese and it is diffidently a foreign language. Example: a ‘person’ is not living and breathing, 99.9% of the time, in court where they accuse you of being the ‘person’ in question. You, in their eyes, are the president of a corporation or association, where the corporation is accused of doing something wrong. If the corporation is found guilty of the wrong doing, then it is the president (CEO) of the corporation that they put in jail, not the corporation. If John Doe was pulled over for speeding and at the arraignment (first court appearance), the bailiff calls the name JOHN DOE (the corporation), and John Doe states ‘Here”; John Doe has stated to the court that John Doe is there representing the corporation JOHN DOE. The proper response to the name called: ‘Mr. Bailiff, I am here in regards to that matter’. These are the games that people play. If people really have liberties, but corporations have only privileges, would it be in the best interest of public servants to twist a meaning, like ‘person’ or change your true name into an ALL CAPITALIZED BILLBOARD NAME corporation as to regulate the corporation’s activity. Sure they would. The judge will state to your face that you do not have any constitutional rights in his court, which he/she is correct, if you are representing a corporation. Below are experiences of guinea pigs that have come before you, to find what you should have done to have a snowball's chance to win on appeal. The court system is so corrupt with getting your money, instead of reducing crime, you will wonder how have they gotten away with it as long as they have. The one and only reason they get away with it is that your grandparents let them, your parents let them and you are teaching your children to let them steal their funds as well. We have found nothing in law that allows them to do what they do to people other than the people going along with the (Matrix) program. We are in the development stage of putting together a package of innocence that will go along with this and previous books put out on this subject. You can look this information up yourself by finding the code that you have assumed to have violated and go to the Special and General Laws book in the law library and look up the actual bill which created the code. This needs to be entered in open court as evidence along with the bills for the same code that defined ‘person’, ‘individual’, operator’ or any other status they try and put you under. Ask yourself why the Legislators don’t make and pass a law for you to wash the government cars, buildings or clean their uniforms or any other function that they would want a slave to do. Then ask yourself, if they did, how did you become subject to the law (they pasted and codified) that would require you to perform the act of washing their government cars, buildings or uniforms. Most people would say they do not have any authority to require you to perform that function for them. When you finally go look at the Texas Bill of Rights located in Article One, Section Twenty-Seven of the Texas Constitution and you see that you have the right to freely assemble with other people, among the assemblies, is to freely go to church, go vote, go to ball games, picnics, BBQs or just to hang out. Where in any document, did the people grant the government the authority to regulate people going from place to place just because the mode of travel changed from walking, riding a horse, a horse or oxen pulling a wagon to the wagon being self powered? When you research the authority yourself, you may find that the authority is limited under the constitutional regulation of commerce, but even that so-called authority is yet to be verified. If you are not in the mode of commerce, then the presumption of government regulation falls off drastically. Stranger yet, if you look for the commerce provision in the Texas Constitution that authorizes the government to regulate 18 wheelers on the public highway, you better bring a lunch, because it is not there. You will not find an attorney that will bring up this defect in the Texas Constitution as an affirmative defense to the charge.  People are still responsible for their own actions, whether in a car, on a horse or just walking around. Actions which breach the peace, harm other people’s property or harm other people themselves is a crime in our society which subject all of us to a penalty that a jury should address. Charged with a commercial crime, while not in commerce, brings us back to the so-called authority mandating you washing the government cars. How did I become subject under this assumed violation? If it is a commercial crime, then I must have been in commerce at the time of the violation, which is an element of the offense that needs to be proven along with the actual charge. Just like if you were charged with ‘Eating Bananas on Tuesday’, you would like to know how you become subject to such a violation and by what authority does the government regulate that type of activity? But, when you get on a jury, the question how or by what authority never comes into play as your grandparents, your parents, and you have told your children that we are subject to such a violation, not because we were shown where, but because we were told its so. It is our responsibility to have all government officials show us the known legal duty to jump and their authority to make us perform, no matter what the allegation. If we fail to question their authority, we are not doing our jobs. This job of ours applies to basic traffic violation allegations. If you cannot learn to help your family with a simple traffic violation, what chances will you have when something serious comes about? Nothing will be considered as legal advice, as none exist. No attorney has blessed this information and if one does, don’t believe him/her either. This information will change from time to time as so do we.

Ken Townsend

ktownsend@gmail.com

Member of the San Jacinto Constitutional Study Group

"If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that ye were our countrymen."

- Samuel Adams, speech at the Philadelphia

  State House, August 1, 1776.

Traffic Ticket OUTLINE

Definitions

TC – Texas Constitution

TCCrP – Texas Code of Criminal Procedure

TLGC – Texas Local Government Code

TPC – Texas Penal Code

TRAP – Texas Rules of Appellate Procedure

TRCP – Texas Rules of Civil Procedure

TRE – Texas Rules of Evidence

TGC – Texas Government Code

UCC – Uniform Commercial Code

1.      Lights are flashing in your rearview mirror/ You’re being pulled over by an officer.

a)      Do I stop? Where?

i.)                  If possible, pull off into a parking area where there are people to watch.

ii.)                If you must pull over in a secluded spot, only crack your door glass, with the door locked and ask that the office follow you to a populated area.

iii.)              Tell the Officer, you read in the newspapers about people impersonating police officers and you do not feel safe where you are.

iv.)              Of course, the Police Officer may use his flashlight or other object and breakout your car window and drag you out, but wouldn’t a highwayman do the same.

b)     Do I stay in my car once I’ve stopped?

i.)                  Stay in the car with the door locked, with both hands on the steering wheel.

ii.)                Crack your door glass just enough where a hand cannot reach in.

iii.)              Do not reach for any papers until asked.

iv.)              Men sometime get out, but keep your hands to your sides.

c)      What do I do if I’m asked to “step out of the car”? (What are my rights?)

i.)                  Ask the Officer, "Are you Arresting Me, Detaining Me or Am I Free to Go?"

ii.)                Ask the Officer, ‘Do I really have to get out of my car, at this time?’

iii.)              Ask the officer to call for another police officer so that you can verify that he really is a police officer.

iv.)              After the other patrol car gets there step out of the car, take your keys and lock the door behind you.

v.)                When the police officer asks why you locked the door, say “It is just a habit”.

d)     What do I say when the officer asks “Do you know how fast you were going?”

i)          “I believe was being reasonable and prudent.”

e)      What do I say when the officer asks for “drivers license” and “proof of insurance”.

i)        If you have them and they are current, show them.

ii)      If not, ask the officer “If I show you my “drivers license” will you use it against me? At this point if he answers “No”, you can ask if he would be willing to sign the ‘Affidavit of Officer’ form?

iii)    If you don’t have a current valid license, ‘I am relying upon the privilege provided by the Texas Legislature under Trans. Code, Sec. 521.001(B).’

f)       Questions to ask the officer

            i.)         "You do know I have a right to assemble, don't you officer?"

            ii)         You do not think I was in the activity of commerce, do you officer?

            iii)        You do know I am not driving a commercial vehicle, don’t you officer?"

g)      Are there any statements I should make to the officer?

i.)                  If the officer asks where you assembled at. “That’s personal.”

ii.)                If the officer asks to search your car, never consent to any request to a search. If they ask, then they need your permission. Remember, ‘I reserve my right to refuse giving consent for you to perform that act without a warrant.’

iii.)              Ask the officer to see his license authorizing him to be a certified peace officer.

iv.)              Ask officer if he assumed that you were in commerce when he decided to stop you.

v.)                Tell the officer that you were not involved with commerce and that you are not moving persons or property for hire.

vi.)              Ask the officer if he thought that you had Breached the Peace or had committed a felony.

vii.)            Try to remember the officer’s response to questions for the affidavit later.

h)     What should I get from the officer?

i)                    If you cannot read the officer's name on the ticket, get the Name of Officer

ii)                  Be sure to write down the Officer’s badge number.

iii)                If he will show you his license to be a certified peace officer, write that number down.

iv)                License plate number of the patrol car.

v)                  Patrol cars usually have a body number on the side or rear of the car.

vi)                Write down the date and time of day.

i)        What do I do when he hands me a ticket to sign?

i)                    How do I sign the ticket? (And what are the benefits/drawbacks of each?)

(1)               ‘Non-assumpsit’ above your signature means that you do not agree with anything.

(2)               ‘Under Duress’ above your signature means that you were force to sign or go to jail. Putting U.D. works as well.

(3)               ‘R.E. Fused’ signed like a Signature means that you refused the ticket.

(4)               ‘UCC 1-207 Without Prejudice’ above your signature means that you are reserving your rights.

(5)               Signing anything else, but your signature on the ticket, may make the officer mad and he might take you to jail, But, there is no law which prohibits adding things to your signature. (feel lucky?)

(6)               ‘Is it mandatory that I sign the ticket?’

(7)               ‘Is there a penalty if I do not agree and I do not sign?’

j)                   Got Ticket.

i.)                  Make out Affidavit what occurred at the stop as soon as possible, have it notarized.

(1)   Checklist of things to include in the affidavit.

a.       (Write down ONLY the FACTS, keep you feelings out of the document)

b.      What was day and time of the incident?

c.       Where was the location of the stop?

d.      What was the name of Officer, badge number and any identifying details?

e.       What did you said at the stop?

f.       What did the Officer said at the stop?

g.      Know any names of any witnesses?

h.      What were the weather conditions?

i.        What clothes did you have on?

j.        What was the color and make of your car?

(2)   I have see people send the ticket back to the officer within 72 hours and write on it “Refuse to contract under the Truth in Leading Act”.

a.       I have seen the ticket, to never surface again.

b.      I have seen warrants for your arrest issued the day of your assumed arraignment.

c.                  

(3)    

ii.)                Check if Officer has Statement of Officer on file.

(1)   Phone number to get the information for State Officers is  512-463-5654

(2)   After 2001, only DPS, Highway Patrol have to file with the Texas Secretary of State.

(3)   If the Police officer protects the County, the Statement of Officer and the Oath is filed with the County Clerk's Office.

(4)   If the Police Officer protects the City, The Statement of Officer may be filed with the City Secretary.

(5)   When at the County Clerk’s Office get a copy of the Bond that suppose to be there for the cop. Most city police officers do not have an individual Bond, put is insured by the city’s Bond.

iii.)               

k)                 Taken to jail for a Class C Misdemeanor violation.

i.)                  §543.002 of the Transportation Code shows the procedure the Police Officer is suppose to follow. If he does follow the procedure, then §543.008 shows what should be done with that Officer. Look it up, very important.

ii.)                Nothing in Texas Law gives the authority of any police officer to take you to jail for any violation of any Class C Misdemeanor.

            (TCCrP 43.03(b)) 

iii.)              The police do have the authority to take you in front of a Magistrate for a probable cause hearing if you refuse to sign the promise to appear ticket. (TCCrP Art. 15.17(b))

iv.)              The judge cannot authorize any incarceration for a Class C Misdemeanor. (TPC Sec.(s) 12.03(a)(3), 12.03(b) and 12.03(c)

v.)                The judge cannot authorize the incarceration for even failing to pay the fine. (TCCrP Art. 43.03(b))

vi.)              When put in jail for a Class C Misdemeanor, usually they have to release you after 72 Hours. I did say usually.

vii.)            You have the option to Bail Out with some Bail Bondsman or cash (FRNs) up front. The Bail cost is usually 2 times the fine amount, so that you have incentive to show up for court or lose the funds.

l)                     

m)                 

2.      Pre-Arraignment Preparations

a.)    Check with Clerk of the Court, A.S.A.P.

i.)                  Get the name of the court clerk.

ii.)                Get the name of the judge.

iii.)              Keep checking until you find out what the Cause or Case number is.

1.      Send notice of demand for a copy of the complaining witness’s affidavit.

2.      Send notice for a copy of the complaint.

3.      Send notice for a copy of the information.

4.      Ask that you be informed when the documents are available to be picked up.

5.      Give your address and phone number to court clerk to contact you.

iv.)              Ask the Court Clerk for a copy of the Local Rules of Court. (They may or may not have any.)

v.)                Ask the clerk for the address of where you can serve the prosecutor.

b.)   Send a Texas Public Information Request to Public Information Officer that is at the location where the Peace Officer is stationed.

i.)                  Ask for documents that show Officer’s training.

ii.)                Ask for documents of any complaints against the Officer.

iii.)              Ask for documents which show Officer’s certification of completion.

iv.)              Ask for the audio and video of the traffic stop.

c.)     

3.      Arraignment

a.)    Pleading

i.)                  I cannot plead because this court lacks jurisdiction because the record will show that Article 5, Section 17 of the Texas Constitution was not followed which is a lack of due process.

ii.)                I cannot plead because the jury is not set. (TCCrP Art. 45.023)

iii.)              I cannot plead because I have not seen a copy of the complaint.

1.      TCCrP 45.018 states that you should have notice of a complaint at least a day before any hearing. If they can give you notice of a complaint, they should be able to get you a copy, unless one does not exist, then how could they give you notice of one?

2.       

iv.)              I cannot plead because the complaint is fatally defective.

1.      A complaint is an affidavit swearing that someone believes that you violated some law against the State. (TCCrP Art. 15.04)

2.      If the clerk or other person other than the arresting officer swear to the complaint then the complaint is hearsay.

3.      Cantu v. Holiday Inns, Inc., 910 S.W.2d 113, 116 (Tex. App._Corpus Christi 1995, no writ)__attorney's verification was insufficient when pleadings and affidavit did not show any basis for personal knowledge of relevant facts.

4.       

v.)                I cannot plead Not Guilty if a copy of the Information is not filed in court. (TCCrP Art. 27.17)

vi.)              My plea is a motion to set aside the information for form, as there is no form to the information that does not exist. (TCCrP Art. 27.02(1))

vii.)            I cannot plead because I would be entering false information in the record. When pleading, you are agreeing or not agreeing with all the information or complaint. (TCCrP Art. 27.17)

viii.)           

b.)   Complaint

i.)                  The complaint is a document filed in court which is sworn to by someone that alleges that you broke the law. (TCCrP Art. 15.04)

ii.)                The requisites for filing the complaint is found at (TCCrP Art. 45.019)

iii.)              The complaint filed in a Justice of the Peace court must state the county name where the offense occurred. (TCCrP Art. 45.019(b))

iv.)              The complaint filed in a municipality must state the offense occurred within the territorial limits of the municipality. (TCCrP Art. 45.019(c))

v.)                You must object to the form or substance of the complaint before the start of the trial or you will waive any problems with the complaint. (TCCrP Art. 45.019(f))

vi.)              You should object to every complaint which states that someone believes that you did something wrong, even though the rules state that it is allowed. Affidavits are considered insufficient if someone swore to a belief instead of a fact. (TC Art.  1, Sec. 5)

vii.)            Article 1, Section 5 of the Texas Constitution states that oaths will be under the penalties of perjury of which the Complaints are never done.

c.)    Information

i.)                  The Information is a document which is prepared by the county or district attorney that represents the state which states all elements of the offense to be proven. This document is created after the complaint is sworn to. Information is in place of an indictment from a grand jury, but is only prepared by the county or district attorney which will represent the state and is usually created only for all Misdemeanor violations. City attorneys have no authority to create an information. (TCCrP Art.(s) 2.05 & 21.20)

ii.)                The Texas Constitution states that a court does not have jurisdiction until a copy of the Information or Indictment is filed in Court. (TC – Art. 5, Sec. 12(b) & 17)

iii.)              The requisites for filing the information is found at (TCCrP Art. 21.21)

iv.)              The Information must be signed by the district or county attorney, officially. (TCCrP Art. 21.21(9))

v.)                The Information and the Complaint will be filed together in court. (TCCrP Art. 21.22)

vi.)              The primary pleading in a criminal action on the part of the State is the indictment or information. (TCCrP Art. 27.01)

vii.)            The court gets it’s jurisdiction from the filing of the Information. (Texas Const. Art. 5, Sec. 12(b))

viii.)          Failure to file the Information will keep bail or bond from being collected. (TCCrP Art. 22.13)

ix.)               

d.)   Ask for a TCCrP Article 28.01 Pre-Trial to Hear Motions.

i.)                  The Pre-Trial is used to argue your Motions that you file, before the jury comes into play.

ii.)                Also, always object if the Judge sets your Pre-trial earlier than 45 days, as you need 30 days to get discovery from the prosecutor.

e.)     

4.      Pre-Pre-Trial Preparations

a.)    Discovery

i.)                  We have had Judges and Prosecutors argue that Civil Rules do not apply in Criminal Cases.

1.      The argument to that claim is that Civil Rules apply throughout the Criminal Code.

2.      TCCrP Art. 39.04 thru 39.06 state that civil rules in discovery apply to Criminal Cases.

ii.)                Remember that the discovery documents go to the prosecutor, but you want THE STATE OF TEXAS to reply to the discovery, since it is the party coming against you and not the police officer.

iii.)              Send the prosecutor a Request for Admissions.

1.      This is found in TRCP, Rule 198.

2.       

iv.)              Send the prosecutor a general set initial Interrogatories.

1.      This is found in TRCP, Rule 197.

2.       

v.)                Send the prosecutor a Request for a Production of Documents.

1.      This is found in TRCP, 196.

2.      Ask for a production of documents showing Officer qualified to operate and calibrate the speed indicating devise, if Speeding.

A.    Name, address and phone number of the manufacture of the speed indicating devise unit used in this case.

B.     Make, model, serial number, date of purchase, and date placed into service of the speed indicating devise used.

C.     Operations manual from the department and manufacture of the speed indicating devise used in this case.

D.    Calibration logs of the speed indicating devise used in this case for the last 90 days.

E.     Calibration certifications performed on the speed indicating devise from the date purchased to present.

F.      Name, address and qualifications of individuals performing calibration certifications on the speed indicating devise.

G.    Maintenance and service records for the speed indicating devise in this case.

H.    Copy of the officer standard operating procedure in using the speed indicating devise.

I.       Copies of any audio and or video recordings of the arrest and issuance of the charge in this case.

J.       Copy of all statements or other written documents to be used at trial.

K.    A copy of the issuing officer’s personnel file, speed indicating devise certification sections, and all re-certification documents to include but not limited to test, test results and field observation reports.

L.     List how the speed indicating devise was connected to the power source.

M.   Maintenance and service records and speedometer calibrations for the patrol vehicle used.

N.    Serial numbers of any tuning forks used for the speed indicating devise in this case.

O.    A copy of the issuing officer’s supervisor’s personnel file, speed indicating devise training section.

P.       

3.      Send a request to the prosecutor for a copy of the complaint.

4.      Send a request to the prosecutor for a copy of the information.

5.       

vi.)              At least 10 days before the date of the Pre-Trial, file the following documents with the court clerk (Original) and to the prosecutor (Copy). Have a copy for you and have it file stamped by the clerk, if hand delivered, and by the prosecutor or secretary of the prosecutor, if you can find one. Sometimes the court clerk will take the copy for the prosecutor.

1.      Motion to Set Aside the Complaint

A.    This is used because of all the errors the prosecutor does with the complaint.

B.      

2.      Motion to Set Aside the Information

A.    This is used because the prosecutors rarely file a copy of an information in court.

B.      

3.      Notice of Judicial Notice

A.    We have found that the Judge is a dumb wooden post, when he/she sits on the Bench, so it is you obligation to educate him/her what the law is.

B.     This is entered into the record under the Texas Rules of Evidence.

C.     Judicial Notice can be given of published documentation.

D.    The judges prefer certified documents, but we have found that you can certify the documents yourself, by making an affidavit of where you obtained the document. (like “Defendants Exhibit A is a true and correct copy of the Texas Transportation Code, Section 201.904 that I acquired at the Harris County Law Library.”)

E.     TRE – Rule 201(d) indicate that the Judge is not allowed to deny what a law or public information states, if you give him a copy of the law or public document with the Notice.

F.      TRE – Rule 201(g) indicates that the Judge is obligated to give the same copy of the law and public document, that you gave the Judge, to the Jury so that they can see what the law or public document says for themselves.

G.    This is put in hopes to turn the court into a judicial court instead of an administrative court.

H.    Usually you will find the judges Oath of Office and put a copy of it behind the notice to remind him that he/she is obligated to go by the constitution and laws of this state.

4.      Affidavit Denying Involvement in  Commerce

A. If you were not engaged in Commerce at the time of the traffic stop, then fill in the Affidavit and file it as well.

5.      Motion for Continuance.

A.    This is used if you have not received the discovery materials from the attorney and you see that your pre-trial is going to take place before the prosecutor has 30 days to answer.

B.     Remember that you do not have to file a copy of the discovery request with the court. The original documents goe to the prosecutor. The discovery request should be sent right after the arraignment, when you have a case number and location to serve the prosecutor the requested discovery.

6.      Certificate of Discovery.

A.    This is filed in court to notice the court that you served discovery on the other party. It is not necessary to file in court the actual discovery documents sent to the attorney.

B.      

7.      Affidavit Denying that you are a Operator of a Vehicle.

A.  This document is used because of §542.002 of the Transportation Code specifies that only a vehicle owned by the United States, this state, or a political subdivision of this state can have an operator.

8.      Affidavit Denying that you are a Corporation.

A.    This document is used under Rule 52 of the TRCP.

B.     If you deny that your name in all Cap letters is not a corporation, the burden of proof is then on the other party to prove it is.

C.     A most important document to have on the record.

D.    The evidence, like affidavits and documents that go with Notices, need to be filed in open Court, not just filed with the Court Clerk.

9.      Motion for the Nature and Cause of the Charges.

A.    This documents demand the attorney indicate the type of law being used and which specific violation that you are accused of.

B.     Nature is the type or kind of law that you violated. (Like “Transportation Code, Health and Safety code; Family Code; etc…)

C.     Cause is the individual violation done that is found in the type or kind of law. (Like TC545.351(a))

10.  Motion for Following the Rules.

A.    This document moves the court to follow the TCCrP. They never do.

B.      

11.  Motion for a Fair Trial

A.    This document moves the court to give you a fair trial, which they never do.

B.     If the judge denies this motion and you can get a copy of the signed denial, will help anyone from going in front of the same judge. Judges have denied this motion before and have lost their job because of it.

C.      

12.  Motion to Challenge Subject Matter Jurisdiction.

A.    This document objects to the court proceeding when an Information has not been filed in court.

B.     Just another gate to close on the Judge.

13.  Affidavit in Support Of Motion

A. File this only if you filed the Motion above.

14.  Motion to Waive Jury Trial

A.    This document will allow you to have a trial by Judge instead of Trial by Jury.

B.     If you want to argue law during trial, the Judge will not allow you to tell the Jury what the law is, unless you file the Judicial Notice and enter the evidence in Open Court.

C.     If want to have a Jury, leave this motion out.

D.    Our standard operating procedure is to always get a jury when you are in front of a Justice of the Peace or a municipal court of non-record, because when you appeal the decision, it is a trial de novo to the county court as though nothing ever happened, then we get a trial by Judge to put the decision squarely on the shoulders of the judge.

E.     It has been found that juries are brainwashed and actually believe that you are guilty because the cop says you are and the law and lack of evidence has nothing to do with it.

15.  Notice of Objection by Accused.

A.    This document is used to confirm that you have objected on the record, if an information has not been filed in court and the Judge allows the trial to continue.

B.     This perfects another error for the appeal.

C.      

16.  Motion in Limine

A.    This is used to set the ground rules before you get started.

B.     It is a little known rule, asking the judge to instruct the prosecutor that if he brings up something where the jury or judge would assume that the accused was doing an activity, in some status or had some item, or performed some function, the burden of proof would be upon the prosecutor to prove such allegations.

17.  Motion to show authority.

A.    This document is based from Rule 12 of the TRCP.

B.     Where the criminal code does not supply a remedy, then civil rules apply.

C.     It asks the prosecutor to bring proof to the court that he can represent the State of Texas or whoever, before the trial can commence.

18.  Notice of Radar Calibration Requirement

A. This is used only if Speeding was one of the charges.

19.  Notice of Texas Radar Certification Procedure

A. This is used only if Speeding was one of the charges.

20.  Request For Production

A. This is used only if Speeding was one of the charges.

21.  Brief for Quash Accusations

A. File this only if you don’t think that you have filed enough paperwork.

22.  Accused Demand For Dismissal and Quash Accusations

A. File this only if you don’t think that you have filed enough paperwork.

23.  Notice of Objection by Accused

A. File this if you have not got a copy of the information at pretrial.

24.   

vii.)             

b.)     

5.      Pre-Trial (TCCrP Art. 28.01)

a.)    If you do not stand when you talk, you will have no standing in court.

b.)    Try and take at least 3 witnesses with you to watch the Pre-Trial.

i.)                  Taking 3 witnesses will allow you to put in a Motion to Set Aside the Complaint and Information, because it was not filed or there was errors in the form. (TCCrP Art. 27.03)

ii.)                You will need am Affidavit from each witness stating that the accused did not get a copy of the information and that the accused was going to file a Bill of Exceptions that the primary charging instrument was not filed giving the court subject matter jurisdiction. (TRAP Rule 33.2)

iii.)              We have used a Motion to Change Venue to move from a court that you can tell will not give you a fair trial. It takes a affidavit from the accused and three affidavits from three witnesses that live in county. The courts usually have never dealt with this and have dismissed the case on other issues that go to the trouble. This remedy is found in the Texas Rules of Civil Procedure Rule 257(c), but you do not need to put the rule down.

c.)    Ask the judge if this is a Court of Record.

i.)                  If it is, ask that the Court reporter be present at the Pre-Trial and ask for a continuance, if the Court Reporter is not there.

ii.)                If the Court Reporter is there, you have to look at the Court Reporter and state: ‘I want you to record everything that is said.”(very important)

iii.)              If it isn’t a Court of Record, don’t worry about it. It is only practice Court and you will get to do it all over again in the County Court.

d.)   This is where you need to offer evidence in the record.

i.)                  Evidence is admitted using TRE.

1.      Putting in a Motion to Dismiss for lack of evidence or in the alternative have the prosecution produce all evidence pursuant to TRE, Rule 107 and the Brady Rule.

2.      You can notice the judge by Judicial Notice pursuant to TRE, Rule 201(d) of any fact or Texas law that you will argue in court.

3.      You can give Judicial Notice to the judge of laws in other states pursuant to TRE, Rule 202.

4.      Anything that you Judicial Notice the judge about can be given to the jury for consideration under Rule 201(g).

5.      You can even give Judicial Notice to the judge of foreign laws (United States & etc.) pursuant to TRE, Rule 203 as long as you do it 30 days before the trial.

6.      You should object to the admission of the complaint pursuant to TRE, Rule 602, if the complaint is not sworn to by someone with first hand knowledge.

7.      Anything filed in the County Clerks Office can be considered evidence and admissible in court if you get a certified copy pursuant to TRE, Rule 1005.

ii.)                Evidence is admitted when you offer it in open court and not just by filing it.

1.      Give a copy to the prosecutor then one to the bailiff, which should give it to the judge.

2.      If the bailiff is not around, the judge may ask you to hand him a copy, but don’t directly hand it to him without permission.

iii.)              Remember you are guilty until proven innocent, by use of evidence.

iv.)              Affidavits are considered evidence.

e.)    After the judge dismisses all your motions and notices & discovery.

i.)                  Tell the judge that you will be filing a Motion to Set Aside Information and a Bill of Exceptions.

ii.)                This is where your 3 witnesses come in handy, under rule 33.2(c)(3) of the TRAP you need 3 affidavits from 3 witnesses to be filed with your Bill of Exceptions, when the judge will not agree.

f.)      

6.      Trial

a.)    During Jury Vor Dier

i.)                  Raise your hand and ask the panel “Who believes I’m Innocent”.

ii.)                The ones that don’t raise their hand, you state that you are challenging each juryman that did not raise their hand for cause per Article Art. 35.16(a)(9) of the TCCrP.

iii.)              Raise your hand and ask the panel “Do you believe that a fact has to be proven”.

1.      The ones that don’t raise their hand, you state that you are challenging each juryman that did not raise their hand for cause per Article Art. 35.16(a)(4) of the TCCrP.

2.       

iv.)              Raise your hand and ask the panel “Do you know it is a fact that Oswall shot President Kennedy.

1.      Use your peremptory and challenge any jurors that raise their hand.

2.       

v.)                 

b.)    Ask the judge if this is a Court of Record.

i.)                  If it is, ask that the Court reporter be present at the Pre-Trial and ask for a continuance, if the Court Reporter is not there.

ii.)                If the Court Reporter is there, you have to look at the Court Reporter and state: ‘I want you to record everything that is said.”(very important)

c.)    Put into court a Motion in Limine.

i.)                  Ask the court to instruct the Prosecutor that he is barred from labeling the Defendant unless proof is entered in the record, establishing that the Defendant is in fact a Person, Individual, Operator, Operating, was Driving a Motor Vehicle, or was Operating a Motor Vehicle as defined in the statute that was violated.

ii.)                Ask the court to instruct the Prosecutor that he is barred from labeling the Defendant unless proof is entered in the record, establishing  Defendant was required to do some act or performance.

d.)   Tell the Judge you would like to Invoke the Rule.

i.)                  This makes the Cop(s) and any other witnesses wait outside the court room.

ii.)                 

e.)    ‘For the Record, I question the jurisdiction of this court because the record will show that the constitutional requirement of Article 5, Section 17 was not followed creating a lack of jurisdiction and lack of due process.’

f.)     ‘For the Record, I question the subject matter jurisdiction of this court because of copy of the primary charging instrument has not been filed in this court as per Art. 21.20 through 21.33 and 22.13 of the TCCrP.’

g.)    ‘Object’ to every statement that the prosecutor says, on the grounds that the prosecutor is testifying and does not have first hand information.

h.)    Tell the judge that you are challenging Jurisdiction, because there is not a copy of the Information filed in court.

i.)      ‘I demand that the case be dismissed on the grounds that the police officer has not brought forth any physical evidence of wrong doing or any independent witnesses corroborating his testimony, unless the Officer is willing to wave his immunity against the penalties of perjury.’

j.)      After you are found guilty, you must file the Motion for a New Trial within 1 day after sentencing in a JP court and within 10 days of a municipal court or county court.

k.)    The motion for a new trial is based upon the errors that occurred before being found guilty.

i.)                  Was not given a copy of the complaint a day before any preceding.

ii.)                The court violated the speedy trial provision of having trial within six months of arraignment.

iii.)              Court erred for not dismissing the case for lack of jurisdiction as no information was filed giving the court jurisdiction to here the case as required under Article 5, Section 12(b) of the Texas Constitution.

iv.)              Court erred for not dismissing the case for lack of jurisdiction as the administrative procedure was not performed under Article 5, Section 17 of the Texas Constitution that would assign this case to the presiding court violating the accused right to due process.

Art. 5, Section 17 – Texas Constitution.

“…Grand juries empaneled in the District Courts shall inquire into misdemeanors, and all indictments therefor returned into the District Courts shall forthwith be certified to the County Courts or other inferior courts, having jurisdiction to try them for trial;…”

v.)                No indictment or information was filed in the court, as per Article 5 Section 17 of the Constitution of the State of Texas that showed the complaint was issued by a grand jury.

vi.)              Since the accused was on his way to an assembly, Article 1, section 29 of the Texas Constitution forbids the Texas Legislature creating a law abridging the accused right to assemble.

vii.)            The Court erred by failing to take Judicial Notice of Article 1 Section 27 of the Constitution of the State of Texas regarding the Accused’s vested right to assemble.

viii.)          The Court erred by failing to take Judicial Notice of Article 1 Section 29 of the Constitution of the State of Texas which states the Accused vested rights are excepted from powers of government and to forever remain inviolate.

ix.)              The court erred by not following the Texas Code of Criminal Procedure.

x.)                The Court erred by telling the defendant that “speeding” was an actual law found in the Texas Transportation Code and that “speeding” was the “nature” of the charge.

xi.)              All elements of the assumed offense were not addressed on the complaint.

xii.)            The complaint violated Article 1, Section 5, as the complaint “shall be taken subject to the pains and penalties of perjury”.

xiii.)          The Court erred by failing to dismiss the case do to the fact that the accused was not paid consideration to perform the obligation of the promise to appear under the Texas Business Code, Section 3.408.

xiv.)          The City; County, State is a for profit corporation that must abide by the Texas Business Code.

xv.)            If a complaint, information or indictment is not submitted as evidence before trial, then there is no subject matter jurisdiction.

xvi.)          The prosecution failed to present any proof that the court had subject matter jurisdiction.

xvii.)        No proof was presented to the court showing the Accused was engaged in the activity of commerce at the time of the traffic stop.

xviii.)      No injured or damaged party was presented to the court.

xix.)          The prosecution failed to present any contract or evidence that showed the state had any interest in the Accused private automobile.

xx.)            The prosecution failed to present any evidence that showed the Accused was presumed to be a person, individual, operator, operating a motor vehicle, or driving a motor vehicle as defined in the Transportation Code as associated with the statute the Accused was assumed to have violated.

xxi.)          The prosecution failed to timely produce any material or factual evidence against the Accused.

xxii.)        The prosecution failed to timely answer the Accused’s Request for Production, and presented no evidence that a laser/radar gun or any other speed-indicating device ever existed.

xxiii.)      The prosecution failed to timely answer the Accused’s Request for Admissions, which was then entered on the record as admitted.

xxiv.)      The Court erred by failing to take Judicial Notice of the Texas Code of Criminal Procedure Section 39.04, which allows the Accused’s Request for Admissions to be entered on the record as admitted.

xxv.)        The Court erred by failing to take Judicial Notice of the Texas Code of Civil Procedure Section 198.1, Request for Admissions, which is allowed under the Texas Code of Criminal Procedure Section 39.04.

xxvi.)      The Court erred by failing to take Judicial Notice of the Texas Rules of Evidence Rule 201(d), which states it is mandatory “A court shall take Judicial Notice if requested by a party and supplied with the necessary information”.

xxvii.)    The Court erred by not dismissing the case as the State had admitted there was no damaged party, being an element of the charge if no contract existed.

xxviii.)  The Court erred by failing to take Judicial Notice of the Texas Transportation Code Section 201.904 regarding the definition of Speed Signs.

xxix.)      The Court erred by failing to take Judicial Notice of the Texas Government Code Section 311.021, which states the Intention In Enactment Of Statutes handed down from the Texas Legislature.

xxx.)        The Court erred by failing to take Judicial Notice of the Texas Government Code Section 312.005, which states the Legislative Intent in interpreting a statute handed down from the Texas Legislature.

xxxi.)      The Court erred in its ruling since the adverse party (THE STATE OF TEXAS) against the Accused did not appear at trial to be cross-examined.

xxxii.)    The Court erred in failing to require the prosecutor to produce his delegated authority to represent the Plaintiff.

xxxiii.)  Because of the above referenced, the Accused request a new trial.

l.)      After the Motion for a New Trial is denied, file:

i.)                  Motion For Arrest of Judgment.

ii.)                Notice of Appeal.

iii.)              Appeal Bond

iv.)              Memorandum of Law in Support of Appeal Bond.

v.)                Request for Findings of Fact and Conclusion of Law if you had a Trial by Judge.

m.)  If the judge threatens to put you in jail if you do not come up with the money to pay the fine or cash bond, ask him to read Art. 43.03(b) of the TCCrP and ask him where he is authorized to put you in jail for a Class C Misdemeanor. The TCCrP Article 44.281 specifically states that the municipal court does not collect the fine until the appeal is over. If the JP court states that that code has nothing to do with them, state that would be a violation of denial of equal protection of the law, if a demand for a cash bond is required.

n.)    If the Judge Dismissed the case for some reason.

i.)                  Get a copy of the Dismissal before you leave.

ii.)                File the ‘Recovery of Cost’ document and try and get some of your money back you wasted, fighting the ticket. You never know, they may send you a check without suing them.

o.)     

7.       

8.      Which Court

a.)    Justice of the Peace Court

i.)                  Uses the District Attorney’s Office for a supply of different attorneys to represent the State of Texas.

1.      Assistant District Attorneys can be served at the District Attorney’s Office at the Justice of the Peace Division.

2.      The Assistance District Attorney usually does the arraignment and instructs you what your options are.

ii.)                Not a Court of Record (Practice Court)

iii.)              Judge usually not an attorney.

iv.)              Clerk usually swears that she believes that you did what the cop said you did. (Complaint)

v.)                JP Court Judge usually will go by Chapter 45 of the TCCrP but ignores the rest.

vi.)              The Judge should have an Oath and Statement of Officer and Bond filed in the County Clerk’s Office.

b.)   Municipal Court

i.)                  Uses City Attorneys to represent the State of Texas

1.      These attorneys can usually be served at a certain law firm in town, which can be found by asking the clerk of the court where they are located.

2.      City Attorneys do not have qualified immunity like county and district attorneys.

ii.)                TGC, Sec. 30.00006(e)“The municipal judge shall take judicial notice of state law and the ordinances and corporate limits of the municipality.” (for a court of record.)

iii.)              Judges are usually attorneys

iv.)              Judges are appointed and not elected.

v.)                Judges should have an Oath and Statement of Officer filed with the City Secretary. The judge has no Bond, but relies on the risk management that insures the City.

vi.)              You may see more than one judge before it is over.

c.)    County Courts

i.)                  Uses Assistant District Attorneys

1.      Court Clerk will usually get you the address where to serve the attorney.

ii.)                Uses Assistant County Attorneys

1.      Court Clerk will usually get you the address where to serve the attorney.

2.       

iii.)              Judges are elected but are not required to be attorneys.

iv.)              Have a bad habit of bringing in Visiting Judges to do a railroad on you.

v.)                The Judge should have an Oath and Statement of Officer and Bond filed in the County Clerk’s Office.

vi.)              You may see more than one judge before it is over.

d.)    

9.       

10.  Appeal from JP or Municipal Court

a.)    From a JP or Municipal Court of no record, the Appeal usually becomes a trial de novo (brand new trial, as though nothing took place before).

i.)                  In this County Court you will do the exact thing that you did in the previous court, up to this point.

ii.)                 

b.)    From a municipal court of record, the Appeal is taken under the TRAP to the County Court.

i.)                  When appealing out of a municipal court of record, the city attorney will represent the State in the county court.

ii.)                By the TRAP, there is supposed to be 3 County Court Judges sit together to rule on the Appeal. It usually doesn’t happen. Another appealable issue.

c.)     

11.  Appeal from a County Court

a.)    This appeal goes to the Court of Appeals.

i.)                  Which Appellate Court will be determined by which state district that you are in.

ii.)                 

b.)     

12.  Appeal to Court of Appeals

a.)    The Appeal is taken under the TRAP.

b.)     

13.  Appeal to Court of Criminal Appeals

a.)    The Criminal Appeal taken under the TRAP

b.)    Discretionary Review – which means if they do not want to here the appeal, they don’t.

14.  Appeal to the Texas Supreme Court

a.)    The Civil Appeal taken under the TRAP

b.)    Petition for Review - which means if they do not want to here the appeal, they don’t.

15.   

Now you have a good review of the tip of the iceberg. Remember our saying “Its Over When I Say Its Over”.