Recent content by MrCalfiornia

A notice to appear when filed with a magistrate become a complaint. This complaint is never attached to an information and the complaint without the information never passes through the office of the DA. A complaint could be an initial filing for an indictment or an information, OR it could be...

Cool. I never realized that. That is pretty sweet. I guess that is why I am on here asking questions too.

I have hardly posted any opinion of my own yet. Here is what the law says. So I say from the above that a Notice to Appear becomes a complaint. And none of this seems to have anything to do with my "promise to appear". Now the above does not state that the ticket turned into complaint will...

Do any of the police you supervise issue "notice to appears"? If so how do they survive the fact that the officer did not sign it in front of a notary?

I know they are different terms. I know that an indictment and an information are different because the of the standing of the issuer, The indictment from the Grand Jury and the Information from the AG/District Attorney. Here is why I know that they have difference in California law: So think...

Statute of limitations does not toll from the commissions of the violation. It starts from the arrest on that violation.

You provided no facts of the case at all other than it was in California. You have not even stated what the charge was for. As far as I know in California the statute of limitations clock starts ticking after arrest has been made. Then after arrest has been made the DA has up to one year to...

Absolutely. And in many states criminal discovery is limited by statutes. Its hard to tell for your state because you did not list that state.

I do not know what your STATUTORY speed law is in NC. However 45 sounds like a "prima facie" speed limit set under authority of RULE or ORDINANCE by a local authority. Let me clarify the above for you. In California we have a state law (A statute) that says that: "the maximum speed limit for...

I was wondering if a police officer has he power/entitlement to administer oaths? Can a cop validate an affidavit in the same way a notary can? I am asking from a California view point. Thank you

Could someone please tell me what the difference is between the pleading documents of an "information" and a "complaint". When using the term "complaint" I mean the criminal pleading and not the incidental complaint needed for a warrant or some other complaint. I am asking strictly about...