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    melissa2012's Avatar
    melissa2012 Posts: 2, Reputation: 1
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    #1

    Dec 29, 2010, 10:31 AM
    habeas corpus? Sent to jail after one sentence. How is this possible?
    Hello. I went to a preliminary hearing and I crossed the bar under diress and protest as I stated. I said I am making a special appearance here. All that I said was, calmly, "There is a question of jurisdction here." And people everywhere started screaming and yelling. The assistant DA was the one who had to prove they had jurisdiction. The assistant DA yelled, "This is ridiculous!" And left the court room. I assumed she was abandoning the case and said "By leaving the courtroom, are you abandoning the case?" She did not answer and left. I got up to leave and the judge said, "Bailif, take her in!" and I went into a holding room where I was met by a lady from social services for a screening, to see if she would recommend a mental evaluation. She heard the above story and I stated that it is my right to be informed of jurisdiction according to law X, and that according to law Y, it could be brought up at any time in the case, and according to law Z, once brought up must be answered by the DA immediately or the case is null and void . She said, "Good for you asserting your rights". And told the judge that she would NOT recommend a mental exam. The judge and several others laughed and yelled "If anyone's crazy it's her!" "You need to reconsider!" She said "Excuse me! But there isnt a thing wrong with her and I don't appreciate you yelling at me!" And left. Then they came in and took me to jail, with out even talking about the charges and the judge set bail at $1000. Then after I got out on bail, another preliminary hearing was set up where they explained the charges. HOW could this be and who do I tell?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Dec 29, 2010, 10:40 AM
    Quote Originally Posted by melissa2012 View Post
    HOW could this be and who do I tell?
    Hello m:

    The system isn't fair. You tell your lawyer.

    If you know about law x, y and z, then you know, assuming you're charged with a felony, you're entitled to a free lawyer if you can't afford one yourself... Once you get one, don't speak out in court again. Let your lawyer do the talking for you.

    excon
    adthern's Avatar
    adthern Posts: 282, Reputation: 28
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    #3

    Jan 1, 2011, 09:23 PM
    First, The court you describe sounds more like a court on TV than real life. Was this an arrainment? Were you there by subpeona?

    As to your question, you tell your attorney, who will make the appropriate motions. If the DA had acted that way, and I were counsel, I would have moved to dismiss the case (not abandon the case), somehow I feel like there is something missing.
    melissa2012's Avatar
    melissa2012 Posts: 2, Reputation: 1
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    #4

    Jan 1, 2011, 11:20 PM
    Public defender told me to take a plea but I know I'm innocent. A small shop keeper told the police I stole a 1$ brush because I called him a freak. So while the police were on the way, I said, I'll tell the police what you did and he said, "I'm a guard at the jail. I know all the police. You think they're gonna believe you?? HAHAHA I have 250 convictions this year!" So that's why I tried to say to prove jurisdiction. Also, I told the police that the video tape would show me at the back of the line with only a brush and him charging at me and locking my boyfriend and daughter in the store and he said, "Don't worry, the video will be there when you have your day in court." He erased the video against company policy.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Jan 2, 2011, 09:18 AM

    Sorry but to challenge the jurisdiction you file a written motion requiring them to prove. But to be honest if you were arrested at a specific address by the local police, you are actulaly the one who has to prove it was in another jurisdiction

    You have to request information as to the place of arrest, the jurisdiction of th local police force and more.

    There is a way to do it, but not just asking it in court.

    I am sure they were more laughing at someone who thought they were Perry Mason, every time I saw someone doing that sort of BS in court, yes, they ended up locked up on contempt charges.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Jan 2, 2011, 09:35 AM

    I think Perry Mason syndrome is working here. I don't see how jurisdiction is even in question here. You were accused of theft arrested by local police and arraigned by a local court. Why would jurisdiction even be in question.

    So it sounds like you were spouting irrelevant law. No wonder the judge thought you were crazy and the DA walked out.

    What does habeas corpus have to do with anything. Do you even understand what it means? It sounds like you were at an arraignment. At an arraignment you enter a plea and the court binds you for trial. So yes, one sentence is all that's needed.

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