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NCrossman



Joined: 17 Jun 2012
Posts: 60
Location: IDAHO

PostPosted: Tue Aug 07, 2012 3:52 pm    Post subject:  Reply with quote

Hefty, no the officer was not there. The clerk knew who I was when I went in.  I was thinking the same thing and think I will tell my public defender about your point as well. Also, I think they knew the judge wasn't going to be there and they could have called me and told me that. I know they notified the officer. Anyway, October 1 it is and I tell you what; I CAN'T WAIT!!! The sooner I get through this "obstruction " thing the sooner I can start kicking asses and taking names... legally speaking of course! Smile thanks Hefty...
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“The desire of gold is not for gold. It is for the means of freedom and benefit.”
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Hefty



Joined: 30 Dec 2011
Posts: 132
Location: sacramento ca

PostPosted: Tue Aug 07, 2012 4:35 pm    Post subject: Reply with quote

This was/is part of your rights...to be in front of a judge.

Criminal arraignments are a short hearing before a judge following arrest.  The criminal arraignment formally begins the courtroom proceedings of a criminal case against a suspect.  During the common criminal arraignment:

•Suspects are formally charged of one or more crimes by prosecutors in written statement, which now labels the suspect as a defendant
•Defendants are offered a chance to request court-appoint counsel
•Defendants offer a response to the prosecutor’s written statement, which normally consists of a not guilty plea
•Judges establish a tentative schedule for future courtroom proceedings, including preliminary hearing, pretrial motions, and potentially the trial date itself
•Judges establish bail amount, which may be revoked, raised, lowered, or decided as a release on one’s own recognizance
The Timing of Criminal Arraignments
Since the birth of the United States, a longstanding right of arrest suspects has been that of a speedy arraignment.  According to the Supreme Court, the case Mallory v. U.S, 1957 established that criminal arraignments must occur as soon as possible.  For most cases, this means suspects currently incarcerated must be arraigned within forty-eight hours, unless the dates fall on a weekend or holiday. State laws do vary; however, many suspects that have been bailed out of jail already can expect their arraignment date to be at least two weeks later.  Depending on your case, some attorneys will delay arraignments for longer as part of their own legal strategy, or they may elect to immediately seek arraignment and stymie the prosecutor’s amount of time to prepare a better case.  

The Process of a Typical Arraignment
Typically, arraignments are hectic situations in front of judges that will hear many cases in one day.  As the defendant, you are responsible to make sure you understand all legal proceedings and motions your attorney may make, and if you wish, you may always request the judge to explain unclear legal codes and other proceedings to you.  During an arraignment, no juries are present.  In the courtroom, one judge, the prosecutor, the defense counsel, and the defendant are present along with potential dozens of other defendants, their counsel, and other members of the public.  During the common criminal arraignment, any or all of the following may occur:

•Defendant receives a written notice of charges filed against them by prosecutor
•Defendant makes an initial plea regarding these charges, which is nearly always “not guilty”
•Judges appoint counsel for an indigent defendant, or defendants may request to continue the arraignment pending obtaining private legal counsel
•Arraignment judges will review a defendant’s bail status, which can be changed pending defendant requests and prosecutor requests
•A date is scheduled for hearing pretrial motions
•Dates are scheduled for upcoming hearings not related to pretrial motions
In limited instances, a defendant’s attorney may be allowed to appear at an arraignment without the defendant; however, attorneys typically cannot enter any plea during this period, unless a defendant lives outside the jurisdiction.  For the record, however, a judge will have to ascertain that these are the defendant’s wishes and that defendant fully understands the charges and potential punishments that face when having their attorney enter a given plea.  

In some limited circumstances, typically only in those cases being represented by a private attorney, a defendant can successfully argue the charges are invalid and should be dismissed.  The process of arraignment, which is the first time a defendant can request court-appoint counsel, is typically too early for a defendant to make any successful motion to dismiss, but it can occur and the dismissal is solely at the presiding judge’s discretion.  

Can I Represent Myself during a Criminal Arraignment?
It is possible for a defendant to represent themselves during their own arraignment.  However, this will most likely detrimentally affect their case.  From the initial arrest, law enforcement and prosecutors may have made critical technical mistakes dealing with your case, which a practicing criminal law attorney is trained to identify and use to dismiss your case.  Additionally, many defendants remain incarcerated prior to their initial arraignment hearing, which means they have no time to review documents, speak with prosecutors, or prepare any kind of defense strategy.  Likewise, most prosecutors will not even consult with defendants to initiate any kind of plea negotiation between arrest, initial arrest, or even following a continued arraignment. By accepting legal counsel at your arraignment, you can always dismiss this counsel later and go into future proceedings representing yourself.  In addition, you may lose some critical rights by making a plea, which could lead to dismissing your case, if you decline counsel during your arraignment.


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Woof!



Joined: 09 Jan 2012
Posts: 90
Location: Gold Trail

PostPosted: Tue Aug 07, 2012 6:52 pm    Post subject: Reply with quote

NCrossman wrote:
Yes! I get there and the court clerk stated that the county I was booked in didn't know when this county's judge was in. And therefore he was out of chambers yesterday. So she said she had the authority to have me sign a couple papers and to plead on the case. I plead not guilty and put the burdening on this county to furnish me with a public defender. She gave me a court date pretrial for Oct.1 and a jury trial of Dec 28... (don't quote me on that date verbatim. ) anyway that's the way small town America works I guess.

Thanks for asking woof!.


If the clerk had the authority to take a plea she had the authority to dismiss for failure to prosecute. You made your appearance today as agreed when you bonded out. Where was the prosecutor?

The pretrial is for discovery and motions. You didn't have to take a date - you could, and should, insist that the prosecutor make a full and specific discovery of the facts after he presents you with a bill of particulars. These are your rights along with the right to a speedy trial - which you appear to have waived today.

You don't have to wait for their trial to sue for false arrest under color of law. Waiting will just tip the court that you are more worried about what they might be able to do to you than getting justice for what they already did to you. Not a good basis for a complaint against the arresting officer.

A very good start would be to get the rules of court for their venue. You need to know the proper way to proceed so they don't try to confuse you with B.S. like the clerk did yesterday.

The court was open for business. You had a right to proceed without them. It was the prosecutor's duty to proceed at the time and place agreed to. His failure to do so was cause for dismissal and release of your bond. Read and understand the rules of court so they don't pull the wool over your eyes again.

I saw a lot of passion for your rights on that video Nicole. No matter how hard or boring this portion of your ordeal is you need to maintain that passion if you wish to receive the justice you so obviously believe you have a right to.

Lecture over. I do wish you the best of luck Nicole.  Wink

Woof!
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NCrossman



Joined: 17 Jun 2012
Posts: 60
Location: IDAHO

PostPosted: Tue Aug 07, 2012 7:51 pm    Post subject: Reply with quote

ok! This is to everyone...

If I have the right to sue right now before a trial, does anyone know a good lawyer who is willing to take on a state case here in Idaho; especially against a corrupt and savage sheriff's department?  

I am not giving up.  I will be on the phone tomorrow with local lawyers, but if no one bites I don't know where to turn.

And Yes Woof!  I know this is the boring part of this ordeal, but I am not one to quit and I am not going to until I feel justice is served...

Thanks for the info!
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“The desire of gold is not for gold. It is for the means of freedom and benefit.”
Ralph Waldo Emerson
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johncrossman



Joined: 04 Apr 2012
Posts: 24

PostPosted: Tue Aug 07, 2012 8:00 pm    Post subject: Reply with quote

Woff I would love to start filing lawsuits, however we can't just afford to get a lawyer and start suing. We are trying to learn as we go as fast as possible. I posted a while back what's the next step and all was returned was facts that are established. Now I have no problem filing lawsuits if any one on here would like to donate about ten grand to get started. Sorry we are trying our best.

John
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Woof!



Joined: 09 Jan 2012
Posts: 90
Location: Gold Trail

PostPosted: Tue Aug 07, 2012 10:37 pm    Post subject: Reply with quote

The courts are free and open to all. If you do not have the filing fees they can be waived.

I have never hired an attorney. I doubt I ever would. An attorney is an officer of the court. So are the prosecutor and the judge. Do the math on that equation.

I have been arrested five times in my life.

Three times I have had the charges dismissed with prejudice (big win). Two of those three times I received the apology of the court (really big win).

The other two arrests resulted in dismissal and release by the magistrate on Habeas Corpus. The magistrates found there was no probable cause for the arrest and I was released without charge.

I have some experience with being abused under the color of law. One of those Habeas Writs was written in my jail cell on my property slip. I presented it to the magistrate while I was in chains with two very Pissed Off cops holding me. Sometimes the courts need to be reminded who they are working for.

As I said the courts are free and open to all. It's up to you to use them. Nobody needs $10,000 dollars or a lawyer to get justice. A good knowledge of the process of justice is necessary. A very good place to begin getting that knowledge would be learning the rules of the court.

Following the instructions given by the prosecutor or the court clerk is part of going along to get along. Bonding out is a waiver of personal and subject matter jurisdiction. Agreeing to future hearings and court dates is a waiver of your right to a speedy trial. Waiving your right to a bill of particulars before pleading is nearly the same as signing a loan contract with blank terms and amounts.

Courts work on a series of presumptions. They presume you know your rights. They presume they have jurisdiction. They presume you know the nature and cause of the charges against you. They presume you make your plea with full knowledge. All of these presumptions can be rebutted. If you challenge the presumptions it is up to those bringing the charges against you to prove their presumptions. If you don't challenge the presumptions it is presumed you agree that their presumptions are true.

If you look back over the series of events leading up to this day I think you will see that all the above presumptions are now established facts. Simply saying to a cop "I know my rights" pretty much covers all your subsequent actions. Following up by posting bond without insisting on your right to a probable cause hearing before a magistrate pretty much sets you on the path to a criminal court trial. I could go on but if you examine the facts I think you will understand how all this happens.

I wrote that you had a lot of work ahead of you. It seems you are a little behind on that work but all is not lost. You were still arrested without probable cause. None of your actions up to this point have changed that simple fact. If you concentrate on the facts you can and will prevail. What happened to you should not happen in this country. There is justice to be found in that simple fact. Don't be distracted from that unlawful act.

A good place to start getting caught up is to look up the words or phrases I wrote here that you don't understand well enough to teach another person. Then get the rules of court and study until you understand them. Get that bill of particulars and don't take any guff or delay from the prosecutors office. Insist on prompt and complete discovery. Learn how to cross examine a police officer. Insist on a speedy trial. This is a simple case and there is no need to delay no matter what the judge or prosecutor think is a more important use of their time.

None of this is legal advice. I am writing from experience and although your experience may be different the rule of law does not change for each case. Unfortunately justice must be taken in this country. It will not be handed to you. It is each man and woman's right and duty to ensure they find that justice. Please go find yours, for all our sakes.

Woof!
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BSMiner



Joined: 13 Nov 2014
Posts: 2

PostPosted: Thu Nov 13, 2014 9:54 pm    Post subject: Reply with quote

I am very curious about the final outcome of this whole case?
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Woof!



Joined: 09 Jan 2012
Posts: 90
Location: Gold Trail

PostPosted: Fri Nov 28, 2014 10:18 pm    Post subject: Reply with quote

Nicole accepted a public defender. She followed their advice to plead guilty. As such she was convicted of a charge by her own admission. I'm not sure what her final conviction amounted to or what her sentence was.

If she wishes, I'm sure she could fill you in on the details of what happened and why she chose the course of action she did.

We  each must choose our own path in life. We each must live with our decisions that take us down that path. I will not challenge Nicole for any decision she made - for only she paid the price of that decision. It was her choice to make and it's her life to live. I wish her well.

Too often these internet discussions are viewed as sort of an entertainment - a soap opera if you will. There is always much more to the real story of life than the brief internet version presented here and elsewhere.

Woof!
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beebarjay



Joined: 30 Dec 2011
Posts: 230
Location: Central Oregon Coast & Az

PostPosted: Sat Nov 29, 2014 4:33 pm    Post subject: Reply with quote

It is always easy to talk the talk...but harder to walk the walk!  This forum gives one a huge amount of information.  Unfortunately it does not afford individuals the opportunity to know how to walk through the legal system of hearings and courts.  Once one accepts "lawful legal advice" from licensed individuals who practice "Law" they can find the walk through the court system to be difficult.  Knowing the rules/regs/laws/policies regarding mining; one is left with the "quandary": how do I use it?  Information is a great tool: but knowing how to use it successfully in todays courtroom is not such an easy task!

Obtaining legal help is important....and obtaining/choosing that is not an easy task!


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