Today at 4pm Pacific/7pm EST on -
TalkShoe.com/tc/87488
That's American Liberties with Chris Chapman and David R. Myrland
TODAY WE DISCUSS:
MUNICIPAL MISCONDUCT - Are you prepared for the abusive tactics of your city or county government?
OFFENSE - Offensive tactics for dealing with almost any wrongful act of city/county police, prosecutor, or judge, are right here:
http://wevgov.com/01_pages/01_b_PRODUCTS.htm
In 1999 David R. Myrland took a liking to this Washington state court rule:
CrRLJ 2.1(c)
(c) Citizen Complaints. Any person wishing to institute a criminal action
alleging a misdemeanor or gross misdemeanor shall appear before a judge
empowered to commit persons charged with offenses against the State, other than
a judge pro tem. The judge may require the appearance to be made on the
record, and under oath. The judge may consider any allegations on the basis of
an affidavit sworn to before the judge. The court may also grant an opportunity
at said hearing for evidence to be given by the county prosecuting attorney or
deputy, the potential defendant or attorney of record, law enforcement or other
potential witnesses. The court may also require the presence of other
potential witnesses.
In addition to probable cause, the court may consider:
(1) Whether an unsuccessful prosecution will subject the State to costs
or
damage claims under RCW 9A.16.110, or other civil proceedings;
(2) Whether the complainant has adequate recourse under laws
governing
small claims suits, anti-harassment petitions or other civil actions;
(3) Whether a criminal investigation is pending;
(4) Whether other criminal charges could be disrupted by allowing
the
citizen complaint to be filed;
(5) The availability of witnesses at trial;
(6) The criminal record of the complainant, potential defendant
and
potential witnesses, and whether any have been convicted of crimes of
dishonesty as defined by ER 609; and
(7) Prosecution standards under RCW 9.94A.440.
If the judge is satisfied that probable cause exists, and factors (1) through (7)
justify filing charges, and that the complaining witness is aware of the
gravity of initiating a criminal complaint, of the necessity of a court
appearance or appearances for himself or herself and witnesses, of the possible
liability for false arrest and of the consequences of perjury, the judge may
authorize the citizen to sign and file a complaint in the form prescribed in
CrRLJ 2.1(a). The affidavit may be in substantially the following form:
THE STATE OF WASHINGTON )
) ss. No. ________
COUNTY OF _________________)
AFFIDAVIT OF COMPLAINING
WITNESS
DEFENDANT:
Name ____________________________ Name
____________________________
Address _________________________ Address
_________________________
Phone ___________ Bus. __________ Phone ___________ Bus.
__________
WITNESSES:
Name ____________________________ Name
____________________________
Address _________________________ Address
_________________________
Phone ___________ Bus. __________ Phone ___________ Bus.
__________
Name ____________________________ Name
____________________________
Address _________________________ Address
_________________________
Phone ___________ Bus. __________ Phone ___________ Bus.
__________
I, the undersigned complainant, understand that I have the choice
of
complaining to a prosecuting authority rather than signing this affidavit. I
elect to use this method to start criminal proceedings. I understand that the
following are some but not all of the consequences of my signing a criminal
complaint: (1) the defendant may be arrested and placed in custody; (2) the
arrest if proved false may result in a lawsuit against me; (3) if I have sworn
falsely I may be prosecuted for perjury; (4) this charge will be prosecuted
even though I might later change my mind; (5) witnesses and complainant will be
required to appear in court on the trial date regardless of inconvenience,
school, job, etc.
Following is a true statement of the events that led to filing this
charge.
I (have)(have not) consulted with a prosecuting authority concerning this incident.
On the ____ day of ___________, 19__, at _______________________.
(location)
_____________________________________________________________________
Signed
_______________________________
SUBSCRIBED AND SWORN TO before me this ____ day of ___________,
19__.
______________________________________
Judge
FLASH DRIVES (PC only) - Since 1999 Dave Myrland has written municipal, state, and federal criminal complaints for people in jeopardy across the United States, and has written courses containing many of these in Microsoft WORD along with hours of audio instruction. To see how a great code pleader views gov’t misconduct through the
lens of the criminal code will amaze you and inspire you to finally go on the offense when facing typical abuses.
RECOMMENDED - On http://wevgov.com/01_pages/01_b_PRODUCTS.htm you’ll find a course on how to write and file these complaints, and “Drive-by Litigation” which is an advanced course for employing these complaints in a certain
order and with a certain ferocity, against municipalities, so as to cause the most discomfort.
--
NEVER - I do not work with ".docx" formatted documents and never will. Do not send any ".docx" formatted documents to me.