|
|
|
|
|
| |
| Frequently
Asked Questions |
| |
|
| What
are the legal documents in your packet,
and what do they do? |
|
|
|
 |
|
The Ticket Slayer Common Law Default
Package contains: (1) Affidavit, (2) Notice of Default,
(3) Final Notice of Default,
(4) Motions to Dismiss, (5)
Writ of Praecipe, (6) Writ of
Mandamus, and (7) Acceptance
of Constitutions and Oath of
Office. |
| |
| Affidavit: |
|
| |
The Affidavit states the
defendant's lawful counter
claims to which the people
must rebut, or be in default. |
|
| |
| Notice
of Default and Final Notice of
Default: |
|
| |
The two notices of default
legally establish the
default in court record
upon the people's failure
to timely rebut the defendant's
claims in the defendant's
affidavit. |
|
| |
| Motions
to Dismiss: |
|
| |
The Motions to Dismiss
provide the court with
the defendant' lawful
grounds for dismissal
of the case, and moves
the court to dismiss. |
|
| |
| Writ
of Praecipe and Writ of Mandamus: |
|
| |
A writ is a common law
legal demand presented
to a court by a sovereign
man or woman petitioning
a court to order a public
servant[s] to perform
a specified act, or
acts in strict accordance
with the officeholder's
ministerial duty as
mandated by the law,
and the Constitution.
Common law writs require
judges to act strictly
in their ministerial
capacity and legally
bars judges from exercising
any manner of judicial
discretion. |
|
| |
The
Writ of Praecipe in
this instance is used
to instruct the clerk
of the court to enter
a default judgment in
favor of the defendant
into the court record,
and to dismiss the case.
Upon the failure of
the court clerk to abide
by the Writ of Praecipe,
the defendant will then
submit a Writ of Mandamus
to the court. |
|
| |
The
Writ of Mandamus in
this instance demands
that the defendant's
servant, the judge in
the case, abide strictly
in accordance with their
ministerial duty by
ordering the court clerk
to honor the Writ of
Praecipe, or for the
judge to dismiss the
case according to his
or her own ministerial
duty. |
|
| |
| The
Acceptance of Constitutions and
Oath of Office: |
|
| |
The Acceptance of Constitution
and Oath of Office holds
a judge to his or her
oath of office, and thereby
applies even greater pressure
upon a judge to follow
the law, and not to act
through judicial discretion. |
|
|
|
|
|
| |
|
|
I was told that there is no prosecutor
in my case. Who then should I to serve
the documents upon? ...and how can
the common law default work with no
prosecutor? |
|
|
|
|
| The
legal rationale of states, and
or courts claiming that there
is no legal requirement requiring
the presence of a prosecutor
in court to lawfully try a traffic
case is based chiefly upon the
lawful right of a prosecutor
to exercise his or her discretion
in deciding what cases to prosecute.
Also, upon the right of a judge
to engage the defendant, and
the witness[es] in a limited
scope of questioning intended
to expose the truth in the case. |
|
| It
is a well establish fact of
law that; (a) the people, or
the state are legal fictions,
and (b) all legal fictions must
be represented by legal counsel
in courts of law. |
|
| In
that the law; (1) requires the
legal claims of the people,
a legal fiction, to be represented
by legal counsel in a court
of law, (2) there must be a
real flesh and blood man or
woman charged by law to represent
the legal claim of the people
in court, and (3) a prosecutor
is legally and lawfully assigned
to a court case until such time
the prosecutor gives the defendant
lawful notice, that he or she
has withdrawn from the case. |
|
| The
above well supports the proper
legal bases on which to serve
your duly elected, or appointed
prosecutor the default documents,
although the court may claim
that they aren't required to
have a prosecutor present in
traffic cases. |
|
| The
common law default works when
courts claim they don't need
a prosecutor to prosecute traffic
cases, because in reality, or
in truth, there is a prosecutor.
Lawfully there must be a prosecutor
in all court trials. |
|
|
|
|
| |
|
|
Can
the cop be the prosecutor? |
|
|
|
|
| This
question evokes one of those,
"it all depends answers."
A California Appeals Court opinioned
in the traffic case of the People
v. Marcroft (1992) 6 Cal.App.4th
Supp. 1, 8 Cal.Rptr.2d 544 states;
"Whether or not the People
provide a prosecuting attorney,
the citing officer who testifies
as to the circumstances of the
citation is a witness, no more,
no less." |
|
| Some
states have laws or court decisions
that allow the citing officer
to be the prosecutor. New York
is one such state. However,
in NY a police officer must
have written permission from
the state attorney to prosecute
a traffic case. |
|
|
|
|
| |
|
| Should
I serve the cop if the cop is acting
as the prosecutor in my case? |
|
|
|
|
| Yes.
You should serve the cop the
common law default documents
when it is known that the cop
is, or will be acting as the
prosecutor in your case, and
he or she has been granted authority
to prosecute traffic cases by
law or court decision in your
state. |
|
|
|
|
| |
|
| What
should I do if I don't know who the
prosecutor is in my case? |
|
|
|
|
| Call
the court clerk for the court
your case is assigned to and
ask the clerk what office (District
Attorney, State Attorney, Commonwealth
Attorney, County Attorney, City
Attorney, the citing officer,
etc.) is prosecuting my traffic
ticket? |
|
| If
the court clerk says that there
is no prosecutor, or no prosecutor
is required for traffic cases,
then it is safe to assume that
you would serve the local prosecutor
that prosecutes crimes in general
for your county. |
|
|
|
|
| |
|
| What
should I do if I do not have at least
21 days time to serve and file my
common law documents before my schedule
trial date? |
|
|
|
|
|
Call
the court clerk for the court
your case and ask how you can
obtain a postponement in your
case. |
|
| For
the most part traffic courts
grant the court clerk permission
to provide a traffic case defendants
a one time 30 day (sometimes
more) postponement of their
case. Much less frequently,
some courts require that the
defendant write, or come to
court to ask the judge for a
postponement. |
|
|
|
|
| |
|
| Will
the common law default work in the
State of Texas where traffic tickets
are classified as misdemeanors? |
|
|
|
|
| Yes.
The common law default has proven
itself to work very well in
the State of Texas. |
|
| Regardless
of whether an alleged traffic
offense is classified as a crime
or a misdemeanor, all court
procedures are civil in nature.
Therefore the common law default
is very applicable. |
|
|
|
|
| |
|
| Will
the common law default work in states
where traffic cases are decided in
administrative hearings instead of
judicial courts? |
|
|
|
|
| Yes.
The common law default is equally
applicable to administrative
and judicial procedures. |
|
|
|
|
| |
|
| The
court is demanding that I first pay
the fine, bail, or some other type
of payment to the court before it
will grant me a trial. Can the court
lawfully do this? |
|
|
|
|
| No
court can lawfully demand that
a defendant first pay a fine,
bail or some type of payment
in order receive his or her
right to due process of law,
or a trial. |
|
| Anytime the government, or the
court can charge you, tax you,
or fine you for something you
have a right to do, then that right is no
longer a right, but a mere privilege. |
|
|
|
|
| |
|
| If
I use the common law default, will
I still have to go to court? |
|
|
|
|
| Most
likely. Most courts require
traffic case defendants to appear
at an arraignment to enter a
plea, and then again at the
time of trial. |
|
| Although
the common law default lawfully
nullifies the people's claim
against the defendant, and the
default is part of the court
record, very rarely will judges
dismiss the case until the time
that the defendant appears at
trial. |
|
|
|
|
| |
|
| What
are the prices of the Common Law Default,
and the Right Light Camera Document
packages? |
|
|
|
|
| Common
Law Default Document Package ........................................................... |
$79 |
|
|
| Red
Light Camera Document Package
................................................................. |
$99 |
|
|
| Common
Law Default +Plus Red Light Camera
Document Packages ................... |
$139 |
|
|
|
|
| |
| |
|
|
|
|
|
|
