Please what is a R4C? On Sat, Jan 24, 2009 at 2:05 PM, Darren & Sharon <[email protected]>wrote:
> This is powerful, but I want to wait to make sure the February hearing is > indeed cancelled; also that he doesn't end up with an arrest warrant for > "failure to appear." -- S > > ---------- Forwarded message ---------- > From: David Merrill > Date: Fri, Jan 23, 2009 at 5:07 PM > Subject: FW: Refusal for Cause > Dear Suitors; > > This email just in. > > ------------------------------ > -----Original Message----- > *From:* Suitor > *Sent:* Friday, January 23, 2009 4:34 PM > *To:* David Merrill > *Subject:* Refusal for Cause > > Thank you. > ------------------------------ > > > Earlier today this suitor called me because he wanted some help about a > State Patrol ticket he had R4C'd and today was the "arraignment" - sometimes > called the *First Appearance* or something clever for *Cattle Court*. > Therefore the first thing I instructed was that he make sure the legal name > he gave the trooper was on the docket - it was. In the city/state where this > happened, the suitor had some choices at that juncture - 1) proceed to the > cash register (plead guilty and pay up) 2) proceed to court before the > black-robed attorney for a hearing or arraignment, or 3) proceed to the > district attorney assistants for the benefit of discussion, plea bargain > etc... > > The suitor and his witness chose 3) and found themselves in a spartan > concrete metal desk - jail cell type of a room with an assistant district > attorney, ADA. The suitor showed a copy of the ticket Refused for Cause with > the clerk instruction to federal court and the ADA became upset and claimed > that he had no idea what that paper was or what it meant. Soon there were > three ADA's all badgering and belittling the suitor and his witness. The > meeting quickly culmintated in setting a court date in mid-February with the > ringleader of the DA team declaring that if Suitor didn't show up he would > be facing an FTA warrant for arrest and that the R4C was going straight into > the garbage where it belonged! > > I gather it was from in front of the courthouse that Suitor and his Witness > called me back and described the turn of events. I tried and tried for a few > minutes to regain control of a lifetime of mental conditioning and was able > to get it across in terms of *objective*. The objective of going to the > courthouse and making a restricted appearance was to correct and/or prevent > any fraud upon the court. That is to say, that when Trooper received the > Presentment R4C'd timely, it was encumbent on Trooper to either intercept > the Process on its way to the courthouse or to inform the courthouse that it > had been R4C'd. Apparently that had not been done. The suitor is an > engineer-type and when he wanted specific directions understood that I could > not imagine the options before him - like writing software in block diagrams > and the three choices in the first paragraph above. So I implored that he > just remain calm and objective-minded. > > He did. > > Rather than go all the way home to print out another image of the R4C'd > Presentment he chose to locate the ADA and retrieve his copy from his > wastebasket; only to discover that it was sent up to the 5th floor courtroom > instead of being discarded. Not only that, it would appear the ADA ring > studied it and had completely changed their tune about the R4C! The ADA > inquired about the clerk instruction and commented that the federal court > had no jurisdiction. Suitor replied that he was not arguing jurisdiction - > only that the record was being kept at the federal courthouse. > > Suitor went up to the 5th floor to locate that copy of the R4C so he could > inform the judge about potential fraud on the court. - Only to find the ADA > up there too, who located the R4C and gave it to him with directions about > getting the audience of the court. And so that transpired; Suitor approached > the bench and handed the R4C to the judge and walked to the podium - however > for symbolic reasons stayed in front of the podium - perhaps the metaphysics > of the podium being an altar is objectionable? Anyway when it was time > Suitor explained that he was showing the R4C to the judge so as to prevent > any fraud from being perpetrated on the court. The judge said, "Okay" and > accepted the R4C into the record. > > The jubilant Suitor and his witness called again, I imagine from in front > of the courthouse, and I suggested they go find the ADA and confirm the > hearing for mid-February was cancelled. > > > > Regards, > > David Merrill. > > > P.S. I recall several years ago something quite similar happened to one of > you. > >
