Response to a Pre Trial Conference/Preliminary Hearing,
Citation (criminal complaint):
- Step
One:
Part 1
You: Ask the court
(judge/prosecutor) if this hearing is being recorded by a Court Recorder
(Telegrapher) or is it being electronically recorded?
Prosecutor: says no
State that: All criminal
proceedings shall be recorded by statute.
State that: If this court is not
recording this hearing, this is the wrong venue.
Part 2
You: If it is not recorded,
request to the court to set this hearing for another time so this court will have ample time
and preparations to have a Court Recorder available to record this hearing.
You: If he continues, then
pull out a tape recorder you have brought with you, and start recording, keep
in mind before hearing, prior to this recording you already need to have the
Date of the Hearing, Time, who is present, (name, badge number, rank).
- Step
Two:
You: Is there a proper
complaint sworn out before a qualified judge, under oath by a qualified
officer having witnessed a crime committed, and has the judge called witnesses,
to verify and establish the officers statement.
Prosecutor: Yes, this is a
Ticket Form Complaint.
You: A ticket form
complaint, is not a proper complaint before this court, as stated in Rules of
Criminal Procedure, Rule 2.3.
- Step
Three:
You: I move this court in
an Oral Motion, “Motion to Dismiss with prejudice, for lack of subject-matter
jurisdiction”. See. Phillips vs. Arizona.
- Step
Four:
(quote court cases which loose immunity
by failing to have jurisdiction.)
Note: If the Judge fails to
rule on Motion to Dismiss, or if the prosecutor objects to a dismissal and
continues without jurisdiction.
Note:
If the court want to commit legal suicide, by moving without jurisdiction the judge
and the
prosecutor looses complete immunity.
DW
