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”.
