Showing posts with label jail. Show all posts
Showing posts with label jail. Show all posts

Tuesday, August 11, 2009

CASE #1a: We have our court date

Hi everyone,

this is just the first in a series of posts centered around tracking our progress in various cases that we are working on so you can see first-hand how this works and so we get practice. Again remember, we don't have a ton of experience with this stuff, but at least we're going to stand up for what we know to be right and the constitution is in plain black and white.

Only thing to worry about is that as usual the theory is great on paper, but in real life, this stuff is a bit muddy, especially with stubborn judges and crooked cops/lawyers who will do everything in their power to railroad you.

Anyways, this case is for a member of the organization and good friend of mine, Mike, who received a ticket in the mail several weeks ago for running a red light. One of those camera tickets that seems to clearly prove his guilt.. or does it? This happened at the intersection of HWY 190 and Fort hood road where McDonald's is located.

The court date is set for august 27th, giving us about 2 weeks to prepare.

Follow and see what happens. in the next blog posts, I will go through what our strategy will be.

Monday, August 10, 2009

Easy out # 1: Cops don't know the law

There is a very simple technique for exercising your rights in court and defending from almost any illegal case thrown at you. This is something called impeaching the witness, and in most cases we face the only witness is a cop. If you get the witness to be shown incompetent in a court, none of his testimony can be accepted from that point forth and in a real justice system, the case would be dismissed (a little harder than that with real life judges).

One easy way to impeach the cop is to ask him a few very simple but profound questions during your cross-examination.

1. Are you alleging that a crime has been committed Mr. officer?
2. O.k. well, what elements make up a crime?
(according to the supreme court the corpus delicti in any case [corpus= body delicti=of a crime] is made up of 2 things, proof of injury loss or damage i.e. violation of rights and proof of it being caused by the defendent .. see standing cross reference article)

For one, most cops don't know the law and won't even know crimes have elements. Well, you obviously don't qualify to accuse someone of a crime if you don't know what it is. and if he does know, he will perjure himself by answering because most traffic cases don't meet the 2 elements required for a crime.

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