What Should I do next with my Writ of Prohibition?

[ssacc_01]

I have filed a writ of prohibition in the California court of Appeals for lack of jurisdiction. The issue: I demanded from the police to take me in to jail and they refused then threaten me. They then demanded that I sign the ticket. I wanted to be taken into jail because I knew that the officer did not have reasonable suspicion nor probable cause for the initial stop. So I wanted a probable cause hearing so that I could use the information to show that the grounds for the stop was unconstitutional. However, things actually turned out better, because forcing me to sign the ticket, actually forced me to waive a right to the information in the complaint, hence a violation of due process where the officer can change his reason for the stop when i'm slated over for trial, to add a miranda violation. My question is, what are the next procedures after the Second appellant district of california court of appeals denial with simply citing In re Swain?



I filed demand for a verified complaint, Under the penalty of perjury, to be provided in arraignment, which it was denied, I again filed in Superior Court, and was denied. I then Filed a writ of Prohibition to the superior court of Appeals which it was denied, then I filed, within 30 days, to the second appellant court of appeals. At no time did I provide the court with a plea and objected when the court entered one for me. I know that the court has a bench rule that: "there is no right to a verfied complaint", but they are wrong.

 

[fredrikklaw]

Forget the Writ; Discovert is what you need!

Let me just say that I certainly admire your commitment to the cause, but what is it exactly you are looking to prohibit by way of the writ, which I must say, is a very significant move brought into play in instances when TIME IS OF THE ABSOLUTE essence and that there is no other speedy or viable remedies available at law, hence the reason you have been refused the writ thus far. It would be much more fruitful for you to forgo the issuance of a writ as you will be met with the same result, simply because the circumstances do not warrant the consideration, much less the issuance of a Writ of Prohibition.

In any event, what you are looking to obtain here, which is the criminal complaint and the information contained in it against you, can very simply be obtained through discovery, but only after the case has been set for trial and not right at the arraignment stage which is neither here nor there, especially when you have refused to even enter a plea, in which case a plea of Not Guilty has been entered on your behalf by the court.

The ticket, or the citation that is issued, regardless of whether it is signed or not, IS for all intents and purposes the entire body of the information and complaint against you, which let's face it, in most cases is not expected to be taken past the arraignment stage. But once you plead not guilty and the matter is set for trial, the city attorney will start preparing a more detailed complaint against you in preparation of the trial and you can then serve the prosecution (The People) at the Trial Readiness Conference with your discovery demands, and you shall be given all that you require.

Also, do not waste your time pursuing a probable cause hearing as a probable cause hearing is held in criminal cases where the underlying charges against the defendant are of the pretty serious felony kind and not in your case where you are being charged with a misdemeanor. But nonetheless, you will still have the chance to put forth your arguments about the validity of the stop and question the police officer(s) on the stand and in front of an empanelled jury when your trial comes around.

So I would highly recommend that you stop wasting time with writs and what not, and instead go in front of the judge and ask that the matter be set for trial and go from there.

fredrikklaw