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Written Points and Authorities

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What is the name of your state (only U.S. law)? California

Recently I went in to my Arraignment and I said I did not have the Bail amount for a 22350, Basic Speed Law. the Judge gave me I believe 60-75 Days to come up with the Bail Amount.

When I appeared in court it was a different Judge (Pro Tem instead of a Commissioner) and he read that I was order to post Bail of a small amount and for trial to be set. I told the Judge flat out No that I wasn't going to Pay, and demanded for my trial to be set without bail.

IMO I would think if I was the Judge I'de throw the Mallet at myself for telling Judge what to do and if he did I wouldn't blame him. But I don't want to pay for anything I don' have to even though it is their to make sure I attend trial.

The Judge looked at me pretty grim and told me to sit down, I basicly was one of the last people to go up again after the second call and I dont think he really remembered who I was after the 2nd time I went up due to the fact he asked me if I was going to post bail again in a totally clueless manner.

I told the Judge I would like to request for 45 Days time to submit a Written Points and Authorities to the court.

The ProTem granted the motion and I was on my way with a Smile.

Now I know things probably could of gone differently, but due to him being a Nice/Partly Clueless Pro Tem, lets just say the Judge was having a bad day. Could he of fined me Heavy due to not obeying orders or perhaps Jail time?
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? California

Recently I went in to my Arraignment and I said I did not have the Bail amount for a 22350, Basic Speed Law. the Judge gave me I believe 60-75 Days to come up with the Bail Amount.

When I appeared in court it was a different Judge (Pro Tem instead of a Commissioner) and he read that I was order to post Bail of a small amount and for trial to be set. I told the Judge flat out No that I wasn't going to Pay, and demanded for my trial to be set without bail.

IMO I would think if I was the Judge I'de throw the Mallet at myself for telling Judge what to do and if he did I wouldn't blame him. But I don't want to pay for anything I don' have to even though it is their to make sure I attend trial.

The Judge looked at me pretty grim and told me to sit down, I basicly was one of the last people to go up again after the second call and I dont think he really remembered who I was after the 2nd time I went up due to the fact he asked me if I was going to post bail again in a totally clueless manner.

I told the Judge I would like to request for 45 Days time to submit a Written Points and Authorities to the court.

The ProTem granted the motion and I was on my way with a Smile.

Now I know things probably could of gone differently, but due to him being a Nice/Partly Clueless Pro Tem, lets just say the Judge was having a bad day. Could he of fined me Heavy due to not obeying orders or perhaps Jail time?
he he he...I get the feeling that he granted your motion just so you could get out of his face. Too bad he just passed the buck instead of dealing with you himself ~ all of the above could have been applicable.
 
Yeah wouldn't doubt it.

So what normally happens if you just plane don't got the money to submit bail to defend yourself in trial, are you automatically guilty? Do you have to tell the judge that your out of a job/Support in order to get him to wave bail?
 

I_Got_Banned

Senior Member
Funny story... I think its going to get funnier when you show up in court 45 day later with no points, no authorities and only further proof that you're just wasting the courts time!!!
 

Antigone*

Senior Member
Funny story... I think its going to get funnier when you show up in court 45 day later with no points, no authorities and only further proof that you're just wasting the courts time!!!
I'd love to be in that court room 45 days from now and watch AgentSmithers get his a$$ smacked. He really has no clue who he is messing with.
 

I_Got_Banned

Senior Member
So what normally happens if you just plane don't got the money to submit bail to defend yourself in trial, are you automatically guilty? Do you have to tell the judge that your out of a job/Support in order to get him to wave bail?
If you don't got the money to submit bail, you can fire "one of your attorneys"... That should save you some money that you can post as bail!!!
Do you have to tell the judge that your out of a job/Support in order to get him to wave bail?
Judges never "wave" bail!
 

Jim_bo

Member
IGB,

You have such a vendetta going for Smithers that you are loosing your grip.

Judges absolutely do waive bail. I have had them do it for me a couple times. You simply ask to be released ROR at your arraignment. The last time I did, the judge asked "how do I know you'll be back for your trial?" I simply told him, "the same way the officer knew I'd appear for my arraignment... I gave him my word!" Judge said, "motion granted" and I walked out with no bail.

BTW... I won that case at trial also.
 

Antigone*

Senior Member
IGB,

You have such a vendetta going for Smithers that you are loosing your grip.

Judges absolutely do waive bail. I have had them do it for me a couple times. You simply ask to be released ROR at your arraignment. The last time I did, the judge asked "how do I know you'll be back for your trial?" I simply told him, "the same way the officer knew I'd appear for my arraignment... I gave him my word!" Judge said, "motion granted" and I walked out with no bail.

BTW... I won that case at trial also.
Give me a break Jim. Look at how the OP has conducted himself so far with regards to his case. You know the next judge to pick this up is going to be far less patient due to the OPs arrogance. There is no way in haedes Smithers is going anywhere ROR.
 

I_Got_Banned

Senior Member
IGB,

You have such a vendetta going for Smithers that you are loosing your grip.
The only vendetta here is the one you have against me. That's cool though, I won't hold it against you... You lost your grip a long time ago!!!
Judges absolutely do waive bail.
I never said anything about "waiving bail"...

All I said was "Judges never 'wave' bail!" Please tell me you know the difference between "waive" and "wave".

Again, get a grip and read the thread!!!

I have had them do it for me a couple times. You simply ask to be released ROR at your arraignment. The last time I did, the judge asked "how do I know you'll be back for your trial?" I simply told him, "the same way the officer knew I'd appear for my arraignment... I gave him my word!" Judge said, "motion granted" and I walked out with no bail.
I'm not gonna say that your judge did that to get you out of his face too...

Oops, :eek: too late!

BTW... I won that case at trial also.
Congrats Jim... Now you only have to tell us about the rest of the "many" trials that you've won.
 
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I_Got_Banned

Senior Member
Give me a break Jim. Look at how the OP has conducted himself so far with regards to his case. You know the next judge to pick this up is going to be far less patient due to the OPs arrogance. There is no way in haedes Smithers is going anywhere ROR.
You must have a vendetta against Smithers too Wirelessany1; Get a grip!!! :p

I'm privileged to be in such great company!!! :bow:
 
Holy god, +1 for IGB thread Hijack, And yet IGB thank you for more of your "Free Advice", Please don't post in my threads anymore unless its something helpful. And I do got a Written Points and Authorities.

P.S. My Attorneys, Again non of your concern.
 

Antigone*

Senior Member
Holy god, +1 for IGB thread Hijack, And yet IGB thank you for more of your "Free Advice", Please don't post in my threads anymore unless its something helpful. And I do got a Written Points and Authorities.

P.S. My Attorneys, Again non of your concern.
Since when did you become the forum god who decides who can and cannot post???
 

I_Got_Banned

Senior Member
Since when did you become the forum god who decides who can and cannot post???
Thank you Wirelessany1... ;)

Smithers, these are not YOUR threads... Forum policy states that these posts are the property of FREEADVICE... So until or unless you become part owner here, your request is DENIED!
 
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