Criminal Procedure and Criminal Code - information from a Reader..
THURSDAY, JUNE 4, 2009
Criminal Procedure and Criminal Code - the More You Know....
As a “Private Citizen” can you get Records on local Criminal Cases? If so what kind of records, do the cases have to be prosecuted in order for you to get the records? Do you Legally have a right to view, to copy a case file that does not involve you directly? Can you view a file even if your County Attorney Elects Not To Prosecute?
If a local cop gets piles of evidence and it goes to the county and the county does not prosecute, is that file, is that evidence Public Record?
If you go to "Cop School" for 12 Weeks can you have greater access to information then if you do not go that 12 Weeks?
What is a Citizens Arrest Really? Who can file a Complaint ? Who can legally file criminal charges? How is a Case Built against You?
We will have several posts coming soon to help you to better understand the Montana Criminal Procedure and the Montana Criminal Code. For now here are some links for you to check out.
Montana Code Annotatedhttp://data.opi.mt.gov/bills/MCA_toc/index.htm
Montana Lawsuits and Court Cases
(Keep in Mind Most Stuff never even gets this far)
Montana State Law Library
http://mtlawlibrary.wordpress.com/
Civil Procedure Casehttp://mtlawlibrary.wordpress.com/category/civil-procedure/
Title 46. CRIMINAL PROCEDURE
http://data.opi.mt.gov/bills/MCA_toc/46.htm
Note: Information in this Post sent in by a Reader of this Blog, hopefully soon to be a writer on our blogs.
As a “Private Citizen” can you get Records on local Criminal Cases? If so what kind of records, do the cases have to be prosecuted in order for you to get the records? Do you Legally have a right to view, to copy a case file that does not involve you directly? Can you view a file even if your County Attorney Elects Not To Prosecute?
If a local cop gets piles of evidence and it goes to the county and the county does not prosecute, is that file, is that evidence Public Record?
If you go to "Cop School" for 12 Weeks can you have greater access to information then if you do not go that 12 Weeks?
What is a Citizens Arrest Really? Who can file a Complaint ? Who can legally file criminal charges? How is a Case Built against You?
We will have several posts coming soon to help you to better understand the Montana Criminal Procedure and the Montana Criminal Code. For now here are some links for you to check out.
Montana Code Annotatedhttp://data.opi.mt.gov/bills/MCA_toc/index.htm
Montana Lawsuits and Court Cases
(Keep in Mind Most Stuff never even gets this far)
Montana State Law Library
http://mtlawlibrary.wordpress.com/
Civil Procedure Casehttp://mtlawlibrary.wordpress.com/category/civil-procedure/
Title 46. CRIMINAL PROCEDURE
http://data.opi.mt.gov/bills/MCA_toc/46.htm
Note: Information in this Post sent in by a Reader of this Blog, hopefully soon to be a writer on our blogs.
How do you take the Matter of Justice into your Own hands with out any sort of violence or vigilante justice in ANY way? Well you use the laws that are in place and your rights make those laws work for you. How? We will be talking a whole lot more about this wonderful topic, for now here are a few tidbits.
The first step, it is imperative that you learn the criminal procedure and the criminal code in your State, this case being the Montana Code, Laws, Montana Code Annotated.
Read the Codes that apply to your case, or situation, it may seem awkward at first but read through it a couple of times and get a feel for what the law is saying. Was their a “Code” broken, if so Can you file a Complaint? Learn More, it is your basic right.
If your lawmakers, that you pay to keep peace and to make sure folks are upholding the law, if they are failing, then it is up to you to take justice into your own hands. You do this by using your brain, by following the procedure that they are to lazy to follow through on though you pay them to, you get justice through exposing the truth, demanding the truth and filing complaints against those who violate your rights, who break the law, who violate the Montana Criminal Code, the LAW.
After you have an understanding of the Montana Codes start filing criminal charges against them. You may just be surprised how many laws, codes you will find that you have been violated on… File a Complaint … it is YOUR right.
The main code that seems to fit often is official misconduct. It's the one where if they fail to do there duty, you have rights.
You know of course that your Complaint will end up in the trash, oh well, that is just the first step. Next after filing criminal complaints, then watch for the grand jury minutes and when it's not in there hen you can file against the person who you went to with the complaint. It can be said that they were shielding prosecution, along with tampering with a government documents and other codes that apply such as possibly Official Misconduct.
If all records are public, and more records are legally public then your local law will tell you, so when you want to get information on a file like say, the Richard Browns case, and they tell you they can't give them out!! You automatically call 911 and file a criminal complaint for official oppression because these codes were violated:
3-5-509. Docket to be available for inspection. The docket kept by the clerk of the district court is open at all times during office hours for the inspection of the public, without charge. The clerk shall arrange the several dockets kept by the clerk in a manner that facilitates their inspection.
2-6-102. Citizens entitled to inspect and copy public writings.
Well after a preliminary hearing, which they never do, all files are IMMEDIATELY to go to the clerk.
46-10-204. Record of preliminary examination. (1) The testimony of each witness must be taken by a court-appointed stenographer upon demand by the county attorney, the defendant, or the defendant's counsel.
(2) After concluding the proceeding, if the judge holds the defendant to answer a charge, the judge shall transmit immediately to the clerk of the court having jurisdiction of the offense all papers in the proceeding and any bail taken by the judge.
Tidbits to Think About… send in from a Reader..
From the first law it would seem that the clerk has the duty to keep records public, and all documents are suppose to go to the clerk after the very first hearing which there never is one any more.
If they don't have the document then file a criminal complaint for tampering with a government document, which is a felony.
It is said that the “clerk” likes to send the files to the prosecutor that way the speedy trial doesn't start. That way they can do their wheeling and dealing, so they get out on the streets. That is a big crime against a judge and prosecutor.
There is a whole lot more to this.
They create the Laws, but they do not really have enough Law Enforcement in place on enough levels to actually ensure that these laws are followed through. And when those who are to enforce the law, the codes actually break them then there is no one but the public to actually file a complaint against them according to LAW.
They wrote the Constitution, yet if you want to have that as your law, and abide by that constitution then you are deemed a terrorists. This is sad to me, when America was built on and with such documents in mind yet we are not to look at it as to actually be followed.
After you have an understanding of the Montana Codes start filing criminal charges against them. You may just be surprised how many laws, codes you will find that you have been violated on… File a Complaint … it is YOUR right.
The main code that seems to fit often is official misconduct. It's the one where if they fail to do there duty, you have rights.
You know of course that your Complaint will end up in the trash, oh well, that is just the first step. Next after filing criminal complaints, then watch for the grand jury minutes and when it's not in there hen you can file against the person who you went to with the complaint. It can be said that they were shielding prosecution, along with tampering with a government documents and other codes that apply such as possibly Official Misconduct.
If all records are public, and more records are legally public then your local law will tell you, so when you want to get information on a file like say, the Richard Browns case, and they tell you they can't give them out!! You automatically call 911 and file a criminal complaint for official oppression because these codes were violated:
3-5-509. Docket to be available for inspection. The docket kept by the clerk of the district court is open at all times during office hours for the inspection of the public, without charge. The clerk shall arrange the several dockets kept by the clerk in a manner that facilitates their inspection.
2-6-102. Citizens entitled to inspect and copy public writings.
Well after a preliminary hearing, which they never do, all files are IMMEDIATELY to go to the clerk.
46-10-204. Record of preliminary examination. (1) The testimony of each witness must be taken by a court-appointed stenographer upon demand by the county attorney, the defendant, or the defendant's counsel.
(2) After concluding the proceeding, if the judge holds the defendant to answer a charge, the judge shall transmit immediately to the clerk of the court having jurisdiction of the offense all papers in the proceeding and any bail taken by the judge.
Tidbits to Think About… send in from a Reader..
From the first law it would seem that the clerk has the duty to keep records public, and all documents are suppose to go to the clerk after the very first hearing which there never is one any more.
If they don't have the document then file a criminal complaint for tampering with a government document, which is a felony.
It is said that the “clerk” likes to send the files to the prosecutor that way the speedy trial doesn't start. That way they can do their wheeling and dealing, so they get out on the streets. That is a big crime against a judge and prosecutor.
There is a whole lot more to this.
They create the Laws, but they do not really have enough Law Enforcement in place on enough levels to actually ensure that these laws are followed through. And when those who are to enforce the law, the codes actually break them then there is no one but the public to actually file a complaint against them according to LAW.
They wrote the Constitution, yet if you want to have that as your law, and abide by that constitution then you are deemed a terrorists. This is sad to me, when America was built on and with such documents in mind yet we are not to look at it as to actually be followed.
It is confusing to me at times whether “THEY” want us to follow the Law, the Constitution or Not. It seems at times, like a country within a country. It feels like unsettling times, and your first step to peace of mind is knowledge, learn more.. don't listen to ME.. find out more on your own.. think about this stuff folks.. you have more Rights then your Being Fed.
They MUST have a way to actually hold people to their laws or what good are the laws. And the Law Enforcement must, themselves obey these laws and codes in which they want us to obey.
There are rights in the criminal procedure code that you are violated on daily. Most do not want to stand up for their rights so they just let things happen.
Know This: If they don't follow procedure they lose all jurisdiction. Right from the arrest, which is carefully laid out by congress. Learn More .. on your own..
Find out more Folks, this is just a place to begin and some ideas on how to be your own attorney, your own prosecutor and to get your case heard. Of course you can always start a blog and post all your proof there as well. You have Rights as an American Citizen, some of you gave everything for those rights and now, well they are being taken away.
Again, this is not about defying the “law” or “authority” in any way. It is about you being educated and about the Laws that are in Place being able to actually be followed, be enforced and those who break these laws to be somehow brought to justice whether they be private citizens or those who are their to enforce the law. No one should be above or outside of these law.
Find Out More - Knowledge is Power - think For Yourself, again, don’t listen to me Just make sure that you are making decisions and taking action or not taking action based on the truth, based on real knowledge that leads to informed decisions and informed actions.
Links to More Information on this Topic.
http://mp3.ruleoflawradio.com/ROL/16k/ROL_2009-05-25_16k_Memorial_Day.mp3
www.ruleoflawradio.com/archives
They MUST have a way to actually hold people to their laws or what good are the laws. And the Law Enforcement must, themselves obey these laws and codes in which they want us to obey.
There are rights in the criminal procedure code that you are violated on daily. Most do not want to stand up for their rights so they just let things happen.
Know This: If they don't follow procedure they lose all jurisdiction. Right from the arrest, which is carefully laid out by congress. Learn More .. on your own..
Find out more Folks, this is just a place to begin and some ideas on how to be your own attorney, your own prosecutor and to get your case heard. Of course you can always start a blog and post all your proof there as well. You have Rights as an American Citizen, some of you gave everything for those rights and now, well they are being taken away.
Again, this is not about defying the “law” or “authority” in any way. It is about you being educated and about the Laws that are in Place being able to actually be followed, be enforced and those who break these laws to be somehow brought to justice whether they be private citizens or those who are their to enforce the law. No one should be above or outside of these law.
Find Out More - Knowledge is Power - think For Yourself, again, don’t listen to me Just make sure that you are making decisions and taking action or not taking action based on the truth, based on real knowledge that leads to informed decisions and informed actions.
Links to More Information on this Topic.
http://mp3.ruleoflawradio.com/ROL/16k/ROL_2009-05-25_16k_Memorial_Day.mp3
www.ruleoflawradio.com/archives
No comments:
Post a Comment