Demur de charges

Peace be with you

“Once a complaint, indictment, or information is filed, and if no alternative to court proceedings is available, e.g., a citation hearing or diversion, defense counsel can either demur to the pleading or enter a plea.” How many of you were told that by your public defender when you plead “not guilty?” A demur is a tool to eliminate bogus charges before the plea is entered. Once you plea however, you must ask permission of the court to demur. “A demurrer does not require the court’s permission if it is made before a plea is entered.”

“A demurrer is a legal objection to the sufficiency of a pleading, attacking what appears on the face of the document. The demurrer must be made in open court before a plea is entered unless the court allows it to be made at a later time.”

I bring this to your attention, because unless one knows in advance what the complaint and discovery is in their case they will not be able to demur. There are two ways I know of to protect my right to demur. One is at the time of arraignment before I say “not guilty” ask the court to “reserve my right to demur.” The second way is to ask to continue my arraignment until a later date so I can review the charges. A lawyer would probably be able to explain even more ways, and as always I suggest you seek a legal professional for advice.

love eternal
tad

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4 Responses to “Demur de charges”

  1. FIG Says:

    ______________________________
    good to know,,,,,,,,
    __________________________________

    what if the stinkin’ judge brushes you off,
    and “just throws you in jail” anyway, then what.
    procedures only work if PEOPLE(judges,lawyers) are honest and will uphold the law. IT’S TOO MUCH
    TO presume that this honesty and transparency is there
    in the AMERICAN courts.
    ___________________________________________
    better yet, don’t even come close to the inside of
    a courtroom…………………………………….
    _____________________________________________
    MARCH 28,SAT…. 2009
    ______________________________________

  2. theplazoid Says:

    Peace be with you Fig

    Of course they will brush you off. Transient sent me this link about Mumia Abu-Jamal’s new book “Jailhouse Lawyers.” It appears that the book is about what you are talking about. I hope I can find someone who wants to buy it so I can read it.

    love eternal
    tad

  3. FIG Says:

    ____________
    F.Y.I.
    ____________________________

    http://www.losbanos.org/departments_administration_clerk_muni.php
    _________________________________

    keep it simple. that is the key probably
    ___________________________________________
    p.s. to clean unsightly toilet bowl rings, use pumice stone,
    to scrub off, pumice is a porouse form of volcanic rock, won’t
    hurt the toilet with scratches or any other damage……
    bought a stick of pumice at 99 CENTS ONLY STORE FOR
    a dollar and finally got around to cleaning off the toilet bowl ring !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
    ___________________________________
    the fuckin’ thing works !
    _____________________________________
    March 28, Sat…. 2009
    ________________________________

  4. FIG Says:

    DISASTER !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
    another pharma.-psychiatric-drug induced killing, suicide.
    _____________________________________________________
    the media are peddlin’ gun control, “motivation”, “loner,” loss
    of Job, on and on……………….
    everything but, pharma. psychiatric drug-induced causes.
    ___________________________________________________

    Upstate New York gunman kills 13, commits suicide
    By WILLIAM KATES, Associated Press Writer William Kates, Associated Press Writer 30 mins ago

    BINGHAMTON, N.Y. – A gunman barricaded the back door of a community center with his car and then opened fire on a room full of immigrants taking a citizenship class Friday, killing 13 people before apparently committing suicide, officials said.

    Investigators said they had yet to establish a motive for the massacre, which was at least the fifth deadly mass shooting in the U.S. in the past month alone.

    The attack came just after 10 a.m. at the American Civic Association, an organization that helps immigrants settle in this country. Police Chief Joseph Zikuski said the gunman parked his car against the back door, “making sure nobody could escape,” then stormed through the front, shooting two receptionists, apparently without a word.

    The killer — believed to be a Vietnamese immigrant himself — then entered a room just off the reception area and fired on a citizenship class.

    “The people were trying to better themselves, trying to become citizens,” the police chief said.

    One receptionist was killed, while the other, who was shot in the abdomen, pretended to be dead, then crawled under a desk and called 911, he said. Police said they arrived within two minutes. The rest of those killed were shot in the classroom. Four people were critically wounded.

    The man believed to have carried out the attack was found dead with a self-inflicted gunshot wound in an office, a satchel containing ammunition slung around his neck, authorities said. Police found two handguns — a 9 mm and a .45-caliber — as well as a hunting knife, authorities said.

    Thirty-seven people in all made it out of the building, including 26 who hid in the boiler room in the basement, cowering there for three hours while police methodically searched the building and tried to determine whether the gunman was still alive and whether he was holding any hostages, Zikuski said. Those in the basement stayed in contact with police by cell phone, switching from one phone to another when their batteries ran out, Zikuski said. Others hid in closets and under desks.

    Police heard no gunfire after they arrived but waited for about an hour before entering the building to make sure it was safe for officers. They then spent two hours searching the building.

    At one point, police led a number of men out of the building in plastic handcuffs while they tried to sort out the victims from the killer or killers.

    Most of the people brought out couldn’t speak English, the chief said.

    Alex Galkin, an immigrant from Uzbekistan, said he was taking English classes when he heard a shot and quickly went to the basement with about 20 other people.

    “It was just panic,” Galkin said.

    Zhanar Tokhtabayeva, a 30-year-old from Kazakhstan, said she was in an English class when she heard a shot and her teacher screamed for everyone to go to the storage room.

    “I heard the shots, every shot. I heard no screams, just silence, shooting,” she said. “I heard shooting, very long time, and I was thinking, when will this stop? I was thinking that my life was finished.”

    Gov. David Paterson said the massacre was probably “the worst tragedy and senseless crime in the history of this city.” Noting mass killings in Alabama and Oakland, Calif., last month, he said: “When are we going to be able to curb the kind of violence that is so fraught and so rapid that we can’t even keep track of the incidents?”

    The community center was holding class “for those who want to become citizens of the United States of America, who wanted to be part of the American Dream, and so tragically may have had that hope thwarted today,” the governor said. “But there still is an American dream, and all of us who are Americans will try to heal this very, very deep wound in the city of Binghamton.”

    The suspected gunman carried ID with the name of 42-year-old Jiverly Voong of nearby Johnson City, N.Y., but that was believed to be an alias, said a law enforcement official, speaking on condition of anonymity.

    A second law enforcement official, also speaking on condition of anonymity, said the two handguns were registered to Jiverly Wong, another name the man used. Both officials were not authorized to speak publicly.

    Initial reports suggested Voong had recently been let go from IBM. But a person at IBM, who spoke on condition of anonymity because of the ongoing investigation, said there was no record of a Jiverly Voong ever working at the company.

    The police chief would not confirm the name of the dead man with the ammunition satchel, saying authorities were still trying to establish with certainty that he was the gunman.

    “We have no idea what the motive is,” Zikuski said. He said the suspected gunman “was no stranger” to the community center, and may have gone there to take a class.

    A woman who answered the phone at a listing for Henry D. Voong said she was Jiverly Voong’s sister but would not give her name. She said her brother had been in the country for 28 years and had citizenship.

    “The police just called me and said he got shot,” she said. Asked if she was aware that he might have been involved in the shooting, she said: “How? He didn’t have a gun. I think somebody involved, not him. I think he got shot by somebody else.”

    “I think there’s a misunderstanding over here because I want to know, too,” she said.

    Friday evening, police searched Voong’s house and carried out three computer hard drives, a brown canvas rifle case, a briefcase, a small suitcase and several paper bags.

    Waiting outside a Catholic Charities office where counselors were tending to relatives of victims, Omri Yigal said his wife, Delores, was taking English lessons when the gunman attacked. He had no word on what happened to her.

    He finally left the center feeling sullen shortly before 8 p.m.

    “They told me they don’t have much hope for me,” the Filipino immigrant said before going home to wait for a telephone call.

    The American Civic Association helps immigrants in the Binghamton area with citizenship, resettlement and family reunification. The shootings took place in a neighborhood of homes and small businesses in downtown Binghamton, a city of about 47,000 situated 140 miles northwest of New York City.

    The Binghamton area was the home to Endicott-Johnson shoe company and the birthplace of IBM, which between them employed tens of thousands of workers before the shoe company closed a decade ago and IBM downsized in recent years.

    A string of attacks in the U.S. in the last month left 44 people dead in all.

    A gunman killed 10 people and himself in Samson, Ala.; shootings that began with a traffic stop in Oakland, Calif., left four police officers and the gunman dead; an apparent murder-suicide in Santa Clara, Calif., left six dead; and a gunman went on a rampage at a nursing home Sunday, killing seven elderly residents and a nurse who cared for them.

    ___

    Contributing to this report were Associated Press writers George M. Walsh and Chris Carola in Albany; Kimberly Hefling and Devlin Barrett in Washington; Michael Hill in Binghamton; and John Wawrow in Buffalo; John Kekis in Johnson City; and the AP News Research Center.

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