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How Long Should I Wait For Notification Of My Trial Date? (updated)

I was found guilty of all of the following and did my jail time from April 10-20th. I represented myself and offered no defense other than the facts. I was going to tell the story here when I got out but all the deep brooding resentment got in my way. I may have never even gotten around to telling the story at all, but all the Adam Kokesh talk lately has gotten me thinking about what it means to be willingly imprisoned for a cause.

More to come.

(I can go into more detail now that it is over so the next paragraph is somewhat irrelevant)

Apologies first that I can't go into too much detail, yet, about specifics. I do promise they will be forthcoming.

About 6 weeks ago I attempted to observe a traffic stop. Things happened which resulted in my being charged with obstructing an officer as well as resisting an officer.

Last Tuesday, the 26th, I met with the district attorney and told him I wasn't interested in any plea deals, that I wanted to go to trial.

He told me to expect a letter telling me when the trial was scheduled.

As of Saturday I haven't received the letter.

Question(s):

How long should I wait?

Is there some sort of time limit?

Thanks anyone who can help me figure this out.

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Did my time.

Stuff is fine.

"Damn the pandas, full steam ahead"

-Admiral David Farragut

in all my times in court for evictions

they always allow the defendent a 1 week continuance with no reason required. So at the begininng just ask the judge for a continuance. If you need a reason just make one up. This will make them have to spend more time on you. They don't like that much.

As a landlord I get screwed for another week all the time. It's a pain. So I have to imagine it is a pain for prosecutors as well. Especially for something this trivial. They may just drop it so they don't have to fool with it anymore.

and don't forget you can always negotiate with the prosecutor before the trial. everything is negotiable. They may try to intimidate you but that is just part of the game. In the end you can get it reduced to a small fine and no record or go to trial.

Be strong!

Should I ask for this in person or in a letter?

I'm at 2 weeks now.

"Damn the pandas, full steam ahead"

-Admiral David Farragut

Got my trial date. It's January 21...

Obstructing an officer - dropped.
Resisting arrest - dropped.
Riding a bicycle on the sidewalk - dropped.
Bicycle with no headlight - dropped.

The only thing they are trying to get me for is possession of weed paraphernalia...

Ha ha jokes on them - the planet will have been destroyed by then for exactly 30 calendar days!

"Damn the pandas, full steam ahead"

-Admiral David Farragut

pro se is the way to go..

you can always request a lawyer towards the end if you are overwhelmed....ajorn ajorn ajorn. you can request several..drag it out on these bastards make them work their ass off. it gives you more time to research other cases if you need to ...right until the last day they where trying to get us to plead so the idea that you will make them mad like some say here is bs..as long as you have the law on your side it is they who are desperate for a plea.

ps remember to first ask for discovery

you want a sworn statement from the police officer as to what he witness you do to substantiate the charge...asking for it in writing and get it in writing is a must.....everything in writing....and i mean everything....send all request to the da and make sure you have the postal service send it return receipt....

trial what trial..never go to trial....

start attacking the law..see if the charge is written out properly if it is not file an immediate motion..i did with my son...took them a year and they finally dropped all 3 charges.. they are all part of organized crime...check the information....make sure it spells out what specific charge was made out...you need a sworn affidavit from the police officer..remember only under oat and affirmation can the charge stand..the charge as written on paper is very broad but now you need to go on the attack...read what the charge is as written by the legislature and see if it applys to you if it doesnt make a motion to dismiss on the grounds that the accusatory instrument is defected on its face..in my sons case one of the charges was a public nuisance a 154.11 but that is not a crime unless the da specify what specific subsection of a public nuance he committed ie 152.1 to 154.10.. the legislature says whats is a public nuisance not the da or the cop...the da could not and would not amend the charge and specify which one of the nuisance he committed because he didnt commit any..same with the disorderly conduct...again what is disorderly conduct it tell you in the cpl...look up your charge and see what the law says then attack the law..do not argue facts you will lose 100 percent of the time..file probable cause motions i did for my son it easy...motion these fuckers to death until they are on their knees begging you to get lost...if you dont object you have nothing to appeal. object to everything...wish i where their i would coach you all the way thru. the system is corrupt if you dont come at it hard with the law they will abuse you...if you do it the right way they will shit their pants..the law is very powerful and on the side of the citizen but only if you exert your constitutional rights.

Will do all this and more

the D.A. asked me if I was really going to waste his time protesting the charges and I said nothing... I had nothing to say.

"Damn the pandas, full steam ahead"

-Admiral David Farragut

Don't Wait

look it up on the county clerk of court website if they have one or call the clerk of courts.

I agree. You must be proactive.

If you wait for someone else then you will end up regretting it.

States all have their own laws relating to charges filed.

In Penna. the cop would be required to file a complaint at the magistrates level where a hearing would be held to determine if there was enough evidence to proceed to a trial. I beleive there is a two year statute of limitations on this here. If the magistrate determines there is enough evidence to warrant a trial the charges then proceed to the County Court where they have 180 days to bring you to trial. This 180 day limit is usually waived by the defendant at his lawyers insistence. Most times it is a foregone conclusion if a police officer is testifying against you that you will be charged, Magistrates are incredibly biased towards police. Generally this is where the D.A. first becomes involved. The D.A. will review the charges and decide whether to proceed.
You must retain the services of a good attorney. This is a warning to you, you can put on a self defense that Clarence Darrow would envy but the Judge who is running the show as well as the D.A. will regard you as an insult to his time spent in training and will envicorate you with no regard to your rights. Once you find an attorney don't assume he's looking out for your best interest. The Court system is a well oiled machine and these guys, both prosecution and defense, work together on a regular basis. Research all motions suggested by them before agreeing to them. In Penna. a resisting charge is a second class misdemeanor and as such a conviction will keep you from ever getting a concealed carry permit. Don't mess around!

If not us than who?

then you have to go after the judge i did

in my son case i filed a motion in superior court against the judge amazing how fast the judges attitude changed when he got bitch slapped by the superior court judge..from there on the judges attitude changed 100 percent..remember the judge has to answer to his boss who is another judge... the law is on your side use it...object to everything...i had my son defend him self no lawyers they are all part of the same gang....my 21 year old son tied them in knots...i motion them to death for a year told them lets go to trial they stalled and ignored all my request to discovery..i finally threaten them with a federal civil rights case if they didnt pony up and guess what all 3 charges where dropped in the interest of justice...bullshit i bitch slapped them they had nowhere to go with those bullshit charges on the kid. you can do the same.

You lucked out

Penna. Superior and Commonwealth Court is as corrupt as the Common Pleas Court. They have this nifty little thing called a "non binding, not to be cited memorandum ruling" where they rule against the plaintiff but the ruling can not be cited as case law. After they pull this little slight of hand you are forced to "request permission to appeal" from the State Supreme Court. This is not granted in most minor cases no matter how egregious the misdeeds of the lower courts were. This process empowers the Lower Court Judges and enables them to rule against the facts with no possible repercussions. By the way, I'm in a County where two Judges were just sentenced to long, long prison terms for incarcerating, without due process, over 4000 juveniles in private prisons to which they held a large financial interest in. Things are so bad here that the DA that presided over the illegal detentions, which by the way are going to cost this county millions, was elected to a judgeship. The only good news is that his dad, a very prominent attorney in his own right and one who spent millions to secure the judgeship for his son, is under indictment for embezzling millions from his clients. Don't even get me started on our Governor who was Attorney General as well as trustee of Penn State when all the trash was occurring there as well as here.

If not us than who?

You don't need a lawyer, you need a trustee

This is a trust issue, oh I know you all believe it's a law issue..So let me ask you this, #1 if it is a law issue then why are these statues charging a trust #2 Why do these statutes require
bonding BEFORE they can be deposited with the BANK (court) clerk. #3 Bank Clerk / Court Clerk..Synonymous / Coincidence ??? NOPE they're one and the same. Chris email me I think I can help you out..it's RICEOWLEX@GMAIL.COM..An attorney will most probably want you to plead / deal because he / she works for the court and he wants to make sure they get their summary judgment, and you get a slap on the wrist.

Just one last kick in the nuts, then a final deathblow

Did you...

call the courthouse that your trial was supposed to be held at?

Did they appoint you an attorney?

You need to get in touch with the lawyer defending you. Call the courthouse/DA and ask. Stay on it. Don't trust the DA. They could have a trial date already set and not send you a letter and then they could arrest you again and your problems get bigger.

Appointed lawyers cost minimum 60 bucks in Wisconsin

So no, I don't have one.

I've got a lead on a good one, though, and will actually talk with him if this goes forward.

"Damn the pandas, full steam ahead"

-Admiral David Farragut

Hire a lawyer. Pay it.

Once you are convicted you can't undo it.

And you will be convicted unless you get serious and hire an attorney.

Don't look to the public defender. They serve everyone but no one in particular.

Hiring your own to represent you may get the charges dropped straight away.

.

Get The Lawyer.

Your lawyer will make it all go away like it never happened. All of the high and mighty theory stuff on this website is great in discussion but not in your personal case.

You can still stick to your I want a trial concept and the DA might back down. I think it is most important for you to have nothing show up in your records no matter how trivial it may seem.

Find a good lawyer that has been around your system a long time. You want the guy that goes to church and the country club with the same people in the da office and the judges. Spend more time on picking the right one.

"Once you are convicted you can't undo it."

And you have the word Appeal in your name.

http://law.yourdictionary.com/appeal

November 6th 2012 I voted for Dr.Ron Paul
"We must remember, elections are short-term efforts. Revolutions are long-term projects." ~ Ron Paul

You must have grounds for an appeal.

.