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8 Comments For This Post

1. Jim J. Narcy Says:
   February 2nd, 2012 at 10:29 am

   I just went to court the other day for my Motions Hearing regarding three traffic charges. I filed a motion to dismiss that was short and sweet. I haven’t purchased any templates so perhaps I did it wrong.

   I asked the court to dismiss based on the fact that the plaintiff failed to:
   1) state a claim where relief may be granted.
   2) file a valid cause of action and
   3) did not have/establish corpus delicti and therefore no criminal case could be brought before the court and/or is not justiciable.

   The judge denied my motion to dismiss. I asked her on what legal grounds my motion was denied and she said that, “valid cause of action, corpus delicti, and evidence of a complaining party were all terms used in civil cases and not criminal cases.”

   I was respectful and played dumb, which is true because I am just learning this stuff. So I asked her again. “So it is NOT required to file a valid cause of action in a criminal case?” And she said “yes, it is not required, these terms are all used for civil cases/matters.

   I spoke with an attorney out in the hallway afterward. She was listening to my conversation with the judge and this attorney confirmed, that yes, all those terms pertain to civil matters.

   This case is in Jefferson County, Colorado. I understand that most (if not all) traffic matters and considered criminal and therefore thought using this approach would yield some success or at least interesting conversation with the judge.

   Any advice?

   My jury trail is not scheduled until April so I have some time to do some homework. Any suggestions on how I shall proceed?

   JJN

2. Marc Stevens Says:
   February 2nd, 2012 at 12:31 pm

   Call the show about this, Saturday, 4-7pm est 218-632-9399

3. Zonsb Says:
   February 2nd, 2012 at 1:07 pm

   she said that, “valid cause of action, corpus delicti, and evidence of a complaining party were all terms used in civil cases and not criminal cases.”

   She lied.

4. Brian Phillips Says:
   February 24th, 2012 at 4:19 am

   Hi everyone,
   I’m new at presenting myself pro per because I have learned that you cannot beat them with their infinite ability to change interpretations of any word they please. here’s a little story that’s happening now.

   On Dec 28th of 2011 while i was in the salt river casino in Az I was coerced/ordered by a law/code enforcement posse made up of 4 salt river pima maricopa police officers and 3 casino rental cops and was asked by the LEO’s to follow them outside to the parking lot. I asked the typical “what seems to be the problem” and was flat out ordered to follow them outside to talk. once outside i saw the scam as they had my pickup truck surrounded by not a couple of squad cars, but 4 squad cars. I had a conversational encounter prior in the evening with a rental cop who informed me of casino policy restricting me to a 15min time limit when sitting in their parking lot. I told them when i finished my cigarette i would return to the casino.

   apparently one of the rental cops passed along information to the leo’s that they could smell “marijuana” and the leos wanted access to my truck. They were there to steal/seize/asset forfeiture using the color of law and take it at gunpoint. This wasn’t about crime though. they wanted my truck, a 2004 Toyota Tundra Dual Cab worth like 11k and they were there to steal it from me with the IRS’s blessing

   they asked me for consent to search my truck which i politely denied. they asked again…an again…and again, which each time i refused consent. they were saying they had probable cause…used a dog to sniff my truck and he barked “there is contraband we can steal in this truck” and because there was a handgun in the truck they believed there to be a need to secure the public safety, although i dont see the threat of a handgun being in a vehicle as a menace to society.

   long story short. I fucked up and got caught up in debating with these fucking goons and i stuck to the points of law, my patient rights. but i forgot to say the magic words “am i under arrest or am i free to go”. they got anxious to reap their rewards for the evening. I ended up saying something i shouldnt have but was completely within my rights of possessing a gram of MMJ in my pocket/on my person.

   They insisted on a terry and found the cannabis in my pocket. Click, i was now under arrest and my vehicle can/was now seized for facilitating an ongoing criminal enterprise. the maricopa courts didnt want anything to do with me in criminal court, as i was within the laws of california and arizona (except at to patient limits in arizona, which i was carrying over in the truck. I had 2 1/2lbs of top shelf bud and 3ozs of hashish and maybe something else, i dont exactly remember.

   I want to mention that I am a card carrying MMJ patient and also a registered caregiver in the state of california. Arizona has MMJ laws enacted in their state that apply to me as a visiting patient and that my rights are protected under their laws

   i retained the services of a paralegal to do the typing for me but so far i have only filed the answer sheet to their questionaire in response to a civil court summons. I’m going to file a motion to suppress because of 4th amendment violations and the paralegal says i’ve got a strong case of civil rights violations. i’ve also got two witnesses to the event who were left stranded at the casino when all this happened. There’s more that happened but that’s the gist of it.

   I think i have it beat but i think that i’m going to lose getting back my cannabis which is a big loss to me having to pay back the patients that donated to the cannabis i was carrying. how can i get my medicine back or is it even possible.

5. Marc Stevens Says:
   February 24th, 2012 at 5:37 pm

   @ Brian I’m pretty sure they have smoked or sold the pot by now.

   Call the show about this and you may want to set up a phone consult.

6. Peggy Russin Says:
   March 15th, 2012 at 8:18 am

   Hello My name is Peggy A woman followed me out of the court room on the 14th giving me your name and web site about the charge as follows.In December 2011 My husband was on fsu supervision. We were in the process of moving My uncle whom we had been renting from for the past six years made a call and complaint of animal cruelty before we were completely moved out and got our animals to our new place,to get the police and fsu to go to our home. some how A bag of leaves and stems from a marijuana plant was planted in our new home, where we were moving into. My husband being on supervision the police needed to have my husbands PO and fsu officers present during questioning .The police ask the questions about the animals in question and were satisfied with the investigation. During that time fsu started making a residence check and found the bag of marijuana (leaves and stems no buds no seperate bags)we had no idea where and how it got there. In the hall closet next to our bedroom. In our bedroom they found one small vile with a small bud in it that was my husbands along with a few used pipes that they conviscated that my husband owned up to. They made us sit while a search was performed and called in local detectives to search further. We gave consent felt we really had nothiing to hide and no choice in the matter of letting them search. The bag wieghed 4.50 oz with the gallon sized freezer bag and did test positve for THC.How I believe began : The family member was ferious about our moving out of his home Still we do not understand. We both got charged with a felony possession amount of Marijuana from this one search. My husband was imediatly lodged in the correctional center on the 21rst day of December our first court date was Febuary 2nd 2012. They offered me court Diversion which I accepted never being in trouble before that was the offer and was told By a public defender I should take costing me ($300.00)My husband went in front of the judge and was offered a 1~3 year probation sentence all suspended with 60 days to serve set bail and was credit for time served the case was almost finnished and the states attorney then brought up question about the charge of animal cruelty which there was none but they set another court date for one week later never brought my husband to court from jail due to conflict of interest with he and I and the public defender. They set another court date for the 15th of Februrary for a clender call still did not transport him to court he was appointed a private contracted attorney and did not get back into court till the 14th of March. He still is currently being held in jail for time of 1~2 years probation 60 days to serve credit for time served concurrant.Which he has already served his time and should be released and now they are holing him for setence comp to be adjusted and are telling me looks like April first 2012 before he maxes out to probation . And another residence check on our home before he can come home. We seriously feel this was a raw deal do you have any suggestions ? Ide like to put the state in its place.No one would believe our story and wouldnt listen. Iam currently partially disabled and have to go through court diversion beginning today the 15th of March 2012.And are unemployed due to 4 years of workers injury and cannot use my state licences to operate a school bus or my Lna license to provide home care because of this being a felony.

7. Charley Says:
   March 21st, 2012 at 4:37 pm

   I just received a tax court notice that they found in favor of the respondent (how surprising). Anyway, there was no mention in the finding of our responses while in court, only those that suited their cause. We presented mounds of information to the attorney and this was not mentioned nor considered apparently. I know our next step is to file a reconsideration motion (I think) but was wondering if there are other avenues I might pursue.

   Also, how do I contact you, Marc, for a consultation call and what does that cost? You may contact me by email. Thanks. Charley

8. Jack Bauer Says:
   May 19th, 2012 at 3:44 am

   Let’s do a show!!! Drop me a line or give me a call, (559) 291-6188 Thanks Marc

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