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Judge Roy Bean

 

  • A trial where there is no prosecutor is unconstitutional. Nonetheless more and more municipalities and States are opting for it in a speeding ticket trial.
  • You can turn this to your advantage by being persistent by consistently objecting every time the Judge or arresting officer does something that a prosecutor should be doing.
  • Only a prosecutor can enter documents into evidence.
  • A Judge is always allowed to question any witness.
  • Only a prosecutor may make objections to your questions of a witness.
  • Anytime that the Judge says that something is irrelevant or not needed say. "Your Honor, with all due respect the defense maintains that it is relevant and with no prosecutor present to argue the relevancy the Defenses position on the relevance on the item or issue must be sustained."
  • Keep bringing up the fact that your sympathies with the Judges precarious position and it is because of the penny pinching actions of the county that the Judge is placed in this position.
  • If the officer says something to the effect that you should let the Judge go on or that you are out of order, Jump his sorry ass. "Officer, you are the witness, Other then as a witness you have no standing in this trial, please keep your unsolicited comments to yourself."
  • Whatever you do, don't let yourself be intimidated. With no prosecutor present you have the upper hand. Never let them forget that it was their decision to proceed without benefit of a prosecutor.

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In Some Trials there will be no Prosecutor

 

 

Although frowned upon it is not unheard of and does happen. Faced with this situation any Defendant is at a serious disadvantage unless he uses the fact that there is no prosecutor against the court itself. 

 

Oregon Residents: Skip this section and read Oregon Updates.

 

First a word about the US Constitution. The constitution prohibits the Judge acting as prosecutor. The Supreme court has further ruled that “even the appearance of a Judge acting as prosecutor is denying a defendant the fair and impartial trial guaranteed by the constitution”.  

 

A Judge, or Magistrate is allowed to ask questions of a defendant and conduct a trial without a prosecutor present. However this does not lead to performing the functions of a prosecutor. An objection to the Judge performing any prosecution duty can make it difficult if not impossible for the trial to proceed usually resulting in a dismissal of the case. If you don’t object the court has the right to assume that its actions are sanctioned and permitted by you.

  

Used effectively this cheapness of the court to avoid paying for a prosecutor will make it almost impossible to convict you. 

Remember a prosecutor costs the municipality anywhere from $30 to $50 per case or on a per hour basis $300 to $700 per hour at trial. They don’t want to share the ticket revenue, as such, no prosecutor. 

 

Defendants that are clueless are as easily convicted where there is no prosecutor and as such in the interest of economics, not justice, the municipality has chosen “NOT TO BE REPRESENTED” It has placed this undue Burdon and legal limitation of presenting the peoples case upon the Judge. The clueless will be found guilty; The Tipmra Defendants will walk away with a smile. 

 

A Judge should not:

 

  • Enter into evidence any material reserved for introduction by a prosecutor.
  • Make objections to your line of questioning.
  • Cross examine the witness in a leading or aggressive manner.
  • Make motions
  • Object to your motions
  • Do anything or make any comment that may foster the appearance that the Judge is acting as both Judge and prosecutor.
  • Present opening statements or closing arguments.

 

How to Proceed

 

 print out what you feel is relevant, you may have to read it in court 

 

First: (when your name is called and before your trial begins) Ask: “Your Honor, I notice the absence of a prosecutor to present the peoples case. Will you be acting as prosecutor on behalf of the people?” He will most likely say NO with some explanation about just listening to the facts.        

 

  • If he says yes:  “ Your Honor, with all due respect the Constitution prohibits this and the Supreme court has ruled that even the appearance of a Judge acting in the dual capacity is unconstitutional. Defendant motions for dismissal or RECUSAL of yourself as Judge as by your own words you have proclaimed a bias favoring the prosecution in open court, thereby denying this defendant his constitutional guarantees to a fair trial by a unbiased trier of facts.” 

    He may dismiss the case, set a new trial date with a prosecutor present or proceed with the trial. In some situations the Judge may say “The arresting officer will present the case” or something to that effect. 

 

  • Tries to set a new court date: Object: “ Your Honor, The municipality in its desire for financial gain has decided to proceed without the expense of a qualified prosecutor. This should not be used against the defendant. The trial was set for today, if the people chose to came unprepared for trial then the consequences of this rests with prosecution not the defense. Furthermore if the defendant would be found guilty the people and this court would not consider or grant a new trial based upon the prosecutor being absent. Most importantly there is no one present, representing the people to make this motion.”  

 

  • Says the trial will continue: “Your Honor, Defendant motions that it be entered into the record that this court had chosen to proceed where the trier of facts will act in distain and contravention to the constitution in the dual capacity of prosecutor and Judge”. This will piss him off and he may dismiss. If he proceeds expect to lose, however you have guaranteed yourself a new trial or dismissal on appeal. This is a classic Kangaroo court and no matter what you do, you can’t win. By making the record for appeal you have damaged this Judge, he knows that his ruling will be overturned if you appeal and to save being overturned he may dismiss.  

 

  • Says something to the effect that the ticket or the officer will act as prosecutor: Ticket: “Your Honor, the ticket is the charge; it has no legal standing other the charge. It can not call or examine witnesses or present evidence. Defendant motions for Dismissal.” 
    Officer: “Although the officer is also an officer of the court he is not licensed or certified by this State to practice law or act in the capacity of a prosecutor. Acting as both prosecutor and witness he can not examine himself on the stand. Defendant motions for Dismissal.”  
       
     
  • If he or she says NO, He will not act as prosecutor: “Your Honor, Defense is relieved that the trier of facts will act in a fair and impartial manner." Then Say: “Your Honor, the municipality, the people have knowingly chosen to proceed without benefit of a qualified prosecutor. This should not be held against the defendant. Limitations presented as such are a Burdon they have chosen to accept.”
     
  • Now hand him the case laws: “Your Honor, without objection the Defense presents the following pertinent case laws for your review and consideration.” 

 

The Judge will then call the arresting officer and proceed to examine him. When you ask the TIPMRA questions the Judge may say that you should have asked for them in advance. Say “Your Honor, without a prosecutor there can be no objection to my request for foundation. The people chose not to use an experienced prosecutor who would present proper foundation to the evidence presented. It is not the burden of the defense to present the prosecutions case or subpoena relevant foundational material from a non existent prosecutor. The material requested is no less relevant in the absence of a prosecutor presenting the peoples case.” 

 

If you are Brazen Bold and Fearless try this

 

  • Cut and paste the following Form your word processor and fill in the blanks.
  • Hand the form to the Judge saying: "Your Honor, since this is a trial where the people are not represented I just want to make certain that my constitutional rights to a fair trial are not jeopardized. I have put together a list for your consideration." Then hand him the printed form.

 

Print from below the line and fill in the blanks: Better Yet, Copy and Paste to your favorite Word Processing software.

 

 

In the case of _Dumb Nuts County________________________ v. _____Joseph K. Smoe________________________________ 

The people have chosen to proceed without benefit of a prosecutor. The limitations posed thereto should not take away from the defendant’s right to a fair trial, or the trier of facts prerogative to solicit and hear testimony. Pursuant to State and Federal constitutional considerations including rulings and case law by both State and Federal Supreme Courts the Defense presents for your consideration the following.

           

  • The trier of facts should make no opening statements or closing arguments normally reserved for a prosecutor.
  • The trier of facts is should be precluded from entering into evidence any material reserved for introduction by a prosecutor.
  • The trier of facts should be is precluded from entering objections or motions on behalf of the prosecution that require rulings where these objections and motions are generally reserved to the function of a prosecutor.
  • The trier of facts should be precluded from objecting to motions by the defense where objection to these motions, and or objections are reserved to the normal function of a prosecutor.
  • The trier of facts should not ask leading questions, solicit hearsay or other evidence that would in the normal course of trial be objected to by the defense and referred to the trier of facts for a ruling.
  • The trier of facts should consider in the cross examination any witness questions to which competent objections would be raised by the defense for rulings by the trier of facts.
  • The trier of facts shall not act in the dual capacity of Prosecutor and impartial Judge or do anything that may foster even the appearance that the trier of facts is acting in the dual capacity. This admonishment is prevalent in State and Federal constitutional interpretations and countless Supreme Court Rulings providing for a fair trial with due process by an impartial trier of facts.

 

With due respect to the court and without objection by the absent prosecution Defendant motions the trier of facts to adhere to the above guidelines for this trial so as to grant equable Due process where the people have knowingly and specifically elected to prosecute without a prosecutor.  

 

With due respect Defendant also motions the court to consider dismissal for lack of prosecution by the people. 

Citations and case laws are omitted as they are exhaustive, self evident and any comprehensive list with case extractions would exceed 10,000 pages starting with Thomas Jefferson and continuing to the present with no reversals.


 

You have now handicapped the court - Use it to your advantage

 

  • By now you can see that the court is severely handicapped. If the Judge says something like. "You can't ask that" or "That is irrelevant". Say: "With all due respect Your Honor, that is an objection for a prosecutor to make and a Judge to rule on, I don't see a prosecutor and unless you are now taking the role of prosecutor I would like to proceed."

 

  • If the Judge or officer try's to enter any piece of paper into evidence object: "Your Honor, this is a procedure for a prosecutor, The officer is not the prosecutor and as such can not enter into evidence written or other material items." or if the Judge tries to enter something into evidence "Your Honor, entering material into evidence is the function of a prosecutor, are you now assuming the roll of
    prosecutor?"

 

  • The amount of fun you can have is endless. You can say things like "Your Honor, if the municipality wasn't so cheap they would have hired a prosecutor. They just want the revenue and not the responsibility of proceeding with a proper trial when a defendant contests their assertion of speeding".

 

  • If the Judge gets angry: "Your Honor, The defense did not make motion to have a trial without a prosecutor. You should be angry at the municipality for placing you in the awkward position of conducting a trial with no one to present the peoples case. If they were not so cheap, money hungry and insolent to the Judicial system you wouldn't be in this compromising position."

 

Go for it tiger. Have fun, make that officer sweat like the pig he is. Use the fact of no prosecutor against them, let their own money hungry cheapness backfire into their faces. Have no mercy and take no prisoners!
 


 DON'T FORGET TO VISIT THE PAGE THAT INFORMS YOU ON HOW TO PROTECT YOUR INSURANCE RATES   Clcik Here

 

 

 

 

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