Rule of Law Radio Archive Search Engine

Well, if you go back and read the statute, once the person, once the prosecution commences, the prosecutor has, and a prosecution commences if the person's arrested.

And then when the prosecutor gets around to it, he files a criminal complaint, and then the prosecution commences.

As long as you file a notice when you file a petition for bankruptcy, you'll get a notice of commencement. If you file that notice of commencement or a suggestion of bankruptcy in the court records in the case for the foreclosure, then that will stop the foreclosure sale.

A suit commenced in this action states the following

So they're trying to say that prosecution doesn't commence

Well, it commences when you file a criminal complaint or when you're arrested

Yeah, that was on agenda 21. Yeah. So I can't really find that. Okay. This, this is how prosecutions generally always commence.

As I understand, a prosecution commences when a person is arrested

So I got the impression that a prosecution commenced.

And I think that's why moving back in the simplistic form as it can be in the ratification of commencement

Was any of that the ratification of commencement and go forward?

and you can make a ratification of commencement in a civil matter.

Well, I was just looking because of the ratification of commencement,

for ratification of commencement.

ratification of commencement that comes right out of Rule 17,

And he says, Your Honor, there's been no ratification of commencement

of commencement has the potential to be the literal undoing

Can you kind of define what you mean by ratification of commencement?

to the ratification of commencement brought by the real party in interest.

But the whole idea is that it's the ratification of commencement that is the claim.

after objection for ratification of commencement of the action

of commencement, and as much as you guys know about the law,

and you type in ratification of commencement,

wait a minute, where's the ratification of commencement?

because they could not provide ratification of commencement.

And I said, Your Honor, there's been no ratification of commencement in this matter,

interest until a reasonable time has been allowed after objection for ratification of commencement of the action by the real party in interest.

From this so far, I don't understand what the ratification of commencement really is.

How does the real party in interest ratify commencement?

The only way that who's ever foreclosing can come forward with the ratification of commencement is if they hold the actual promissory note that

It's not that I was asking if they could or not, but what constitutes a ratification of commencement?

And the holder of it can make a ratification of commencement.

It should be there in the first four – if you type in ratification of commencement, it should be in the first four hits.

If you just type in ratification of commencement.

And basically what he's saying is without someone there withstanding to ratify the commencement of the action.

So what do you think is going to be the result of the revocation of commencement?

and it will be something to do with another objection as to the ratification of commencement.

Dee, you said there was a case that actually somebody won on the ratification of commencement?

I want to go back to ratification of commencement of a criminal action.

prosecution commences upon arrest or upon the presenting of a criminal

Prosecutions commence upon arrest, period.

can commence in the justice and municipal court on the citation alone.

And the case law says a prosecution commences when a person is arrested or when a complaint is presented to a magistrate

So at the time the prosecution commenced, you know, there were a lot of...

He may request that the presiding judge of the administrative judicial district appoint a district judge to commence a court of inquiry

Yeah, but that's once an action has commenced.

You can't even do it after the action has commenced unless you do it properly.

I'm concerned for him because he's claimed this thing of ratification of commencement.

Do you mean like a ratification or commencement?

Texas Rules of Appellate Procedure 52 in Texas defines a writ, commencement, an original

This is going to be relatively basic, no matter where it's added, commencement, an original

mandamus prohibition injunction equal warranto is commenced by filing a petition with the

Alvin Hellerstein of their intention to commence legal action likely to be far-reaching in

before the date on the trial on the merit commences, the defendant waives and forfeits the right to object to the defect, error, so forth and so on.

it then anarchy and tyranny commence, before the Declaration of Independence all 13 colonies

the same as if the prosecution had been originally commenced in that court an appeal to the county

procedure article 45.001 provided that municipal court proceedings were to be commenced by

jurisdiction now i do have case law that says a prosecution commences when a complaint is filed

necessary to commence a prosecution and you find that across the spectrum the one one that i use

And the prosecution has commenced, the clock stops

of forfeiture shall be commenced unless the Secretary authorizes or sanctions

action be commenced.

And in Federal Rules of Procedure, Rule 17, it's called ratification of commencement.

Well, it really just goes to standing, ratification of commencement.

And I think the magic words are the ratification of commencement and standing on Rule 17

well, basically I objected for a lack of ratification or commencement

case law a prosecution commences when a person is arrested or when a complaints

um but there is a prosecution commenced against him because he was arrested and he was in jail

and the district clerk's like well no i mean the prosecution hasn't commenced yet because the

court record that a prosecution has already commenced the prosecution commences the minute

and uh the prosecutor commences to tell him that he's decided to dismiss the case and randy says

still got the file in his hand on top of everything else and so um and so randy starts to commence to

you're the clerk is telling me there's no prosecution commenced against me but as far as i

to law and according to fact and reality in my experience uh there is a prosecution commenced

before the date on which trial on the merits commences,

pay for private investigators so that they can do their own investigations and commence their own prosecutions and indictments and not just be a little rubber stamp the prosecutor anymore. That's the legislation I want to see.

Prosecutions may be commenced in said court

no provisions of this code shall affect any proceedings that commence before its inception or any rights accrued.

One, it shall commence in the name and by the authority of the state of Texas.

offenses against the state commenced in a city court of his county not withstanding

Misdemeanors may be commenced in said court by information filed to the county attorney

Then prosecute him and commence to remove his behind from office

So I went and commenced to draining my pool again.

The statute of limitations goes to the commencement of a prosecution.

Once the prosecution commences, the statute of limitations clock stops tolling and the speedy trial clock begins to toll.

A year and a half earlier than the statute of limitations has already gone on the crime because the prosecution didn't commence within that year.

prosecution could not even commence and so it does have the purpose of helping you with

Well, the problem is without a prosecution being commenced, there is no

to indictment or information before the date on which the trial on the merits commences,

Okay, question, has foreclosure commenced?

charging instrument, Montana misdemeanors can be commenced on a complaint alone.

Now, because the commencement of prosecution in Montana

says the commencement of prosecution is by information complaint or indictment.

or, I mean, commence prosecution.

The commencement of prosecution.

Yes, commencement of prosecution.

and then the commencement of prosecution.

a prosecution shall be commenced by filing a complaint with a magistrate.

The guardianship commenced with the stolen mail, which because-

alone. It simply says that prosecutions in a municipal court shall commence by complaint.

Now why is that important? Well it's important because it's the only way any court commences

any prosecution in Texas. No court commences any action of any kind that there is not a valid

interpret shall commence upon or by complaint as being the only thing required of the court to get

in the Title 45. Actually it just says a complaint commences. All proceedings in a municipal

court commence by complaint. It does not say by complaint alone. But then again, every

case commences by complaint. Alone, yes. Nobody goes to trial on a criminal case without an

with the ability of a municipality or a justice of the peace court to commence all prosecutions

by complaint, well here's the problem, every criminal prosecution commences by complaint,

upon complaint alone. Well, proceed is a misnomer. It says the prosecution commences with a complaint.

And like I said earlier, that's true of any kind of case. Even a civil case commences

that the prosecution commences with it. The other says that unless there is a plea of

Commencement of private prosecutions.

the person wishing to commence the action may apply to the magistrate

Our revolution commenced on more favorable grounds.

The prosecutor cannot commence a prosecution, period. That's what they did in the time of Blakeus.

Unless we receive a reply from your insurance company, we intend to commence litigation

but that prosecution cannot commence until the witness,

a complaint is all that's required to commence the prosecution in the municipal court.

in the municipal court, then that court must only require a complaint in order to commence

21, all prosecution shall commence in the county court by an information filed by the

Prosecutions may be commenced.

Look up the legal definition of the word commenced.

Prosecutions may be commenced in said court, meaning the county court, by information filed by the county attorney, or by affidavit, as may be provided by law.

But here it says for a certainty that a prosecution in the county court can only commence with an information or an affidavit.

It doesn't commence with an indictment.

But again, notice that it must commence in the county court.

How else do they get it? Because right here it shows that these prosecutions commence in the county court.

Okay, and it doesn't state anywhere else that I've been able to find so far that a prosecution can commence anywhere else.

They file a complaint in the municipal court and the proceedings commence, but that's not possible for two reasons.

an information must be filed providing in a county not having a county attorney, then the prosecution can be commenced on complaint alone.

On top of that, once this complaint is filed, the prosecution commences, but it's not for the purpose of carrying it to trial.

In any court, a complaint is required to commence any action, whether it be civil or criminal.

Now, we know that an information is not 100% necessary in order to get an indictment because Section 17 says that it can be commenced in the county court simply by the signed affidavit.

Okay, in Ohio, what does your state constitution or your law says commences a criminal case? How does it start?

Section 1343, Title 28, the district court shall have original jurisdiction of any civil action authorized by law to be commenced by any person.

the action shall be commenced within 10 years after the cause of action has occurred.

complaint by somebody or it can be commenced by affidavit.

commence with a prosecution without a competent fact witness affidavit. I mean, I'm not saying

commenced or prosecuted against one by the United States, by citizens of another state,

enforce on the day proceeding the commencement of the session following the last section,

All prosecutions in a municipal court shall commence by complaint

Now that is where the court took the word commence

And used it under a completely brand new definition of commence

Whereas in law the word commence means simply to start

Everything commences with a complaint

One, it must be in writing. Two, it must commence in the name and by the authority of the state of Texas.

before the date on which the trial on the merits commences,

And I commenced to object to him about 30 or 40 times,

So the judge commenced the hearing.

But would the case already have to commence before he could ask for this in discovery?

There's no charges against him it has commenced.

jury does indict you and a prosecution commences, you need to keep a close watch on your attorney

Like I say, the one regarding the commencement of a proceeding in a municipal court on complaint alone.

We've been contending from the beginning that they never ratified commencement.

The ratification of commencement is horse poop.

To put it technically, all ratification of commencement is a standing or subject matter

And then it went on to say that criminal prosecutions in a municipal court may commence by complaint.

Every type of anything in a court in any state commences with a complaint.

in an indictment or information before the date on which the trial on the merits commences,

Before the date on which the trial on the merits commences, the defendant weighs and

Now, I looked in his record and there's no information in indictment. They commenced this thing on citation only,

No, there's no indictment or information, it was commenced on citation only.

pursue a foreclosure if they did not have the assignment at the time they commenced,

May request that the presiding judge of the administrative district appoint a district judge to commence a court of inquiry.

Before requesting the presiding judge to appoint a district judge to commence court of inquiry, a judge must enter into the minutes of his court as sworn affidavit stating the substantial facts establishing probable cause that a specific offense has been committed against the laws of the state.

After the affidavit has been entered into the minutes of his court and a copy filed with the district clerk the judge shall request the presiding judge of the administrative judicial district in which the affidavit is filed to appoint a judge to commence the court of inquiry.

The judge appointed to commence the court of inquiry shall issue a written order commencing the court of inquiry and stating its scope.

But it says just alone. That alone right there means that you can't dismiss it if there's no ratification of commencement, a real party.

in there if after foreclosures commenced if you can show a false fee in excess of

They cannot convict you in absentia unless you aren't there after your trial has commenced. And I mean the actual trial.

And on June 21, they set the ALR hearing to commence on July 1, which is only a five-day window.

Can that entity commence the foreclosure?

You have to confer 21 days prior to your scheduling conference before you can commence sending

attention. We hear a lot about ratification of commencement, rule 17,

I've heard of it as ratification of commencement to rule 17.

Citation's in writing, but it must commence in the name and by the authority of the state of Texas.

That's what it commences with.

It doesn't commence within the name and by the authority of the state of Texas.

Now, subsection F in relation to the complaint under 45.019F, if the defendant does not object to a defect, error or irregularity of form or substance in a charging instrument before the date on which the trial on the merits commences, the defendant weighs and forfeits the right to object to the defect, error or irregularity.

just trying to get it commenced and properly read into the docket appeared to be a significant

Well, there is no ratification of commencement or assignment of counsel, which I did object to.

investigation and commence news major network coverage of this evidence.

commence in the name and by the authority of the state of texas that it are to that it appear to

It shall commence in the name and by authority of the state of Texas.

commences. So, just

Operates as an injunction against the commencement or continuation of an action, the employment of a process, or an act to collect, recover, or offset any such debt as personal liability of the debtor.

A, a discharge in a case under this title, two, operates as an injunction against the commencement or continuation of an action,

So operates as an injunction against the commencement or continuation of an action.

So this says it stops or enjoins any party from beginning that's there's your commencement or continuing an action if an action has already begun.

However, in the anticipation of a discharge, there is an automatic stay placed on the continuation or commencement of debt collection.

Two, operates as an injunction against the commencement or continuation of an action.

2. Operates as an injunction against the commencement or continuation of an action, the employment of process or an act to collect, recover or offset any such debt as a personal liability of the debtor, whether or not discharge of such debt is waived.

3. Operates as an injunction against the commencement or continuation of an action, the employment of process or an act to collect, recover from or offset against property of the debtor of the kind specified in 521A2 of this article that is acquired after the commencement of the case.

the commencement or continuation of an action, the employment of a process or an act to

is commenced.

1635A and F, only by filing a lawsuit within three years of the date of the loan was commenced.

16, it requires that all criminal prosecutions commence on an indictment.

And 45.01 used to read, a complaint commences a prosecution in municipal court.

However, you have to understand what the word commence means.

That's what commence means.

which is this line. Prosecutions may be commenced in said court by information filed by the county

courts, blah, blah, blah. But where it says, prosecutions commenced in said court by information

Two, operates as an injunction against the commencement or continuation of any action

And three, operates as an injunction against the commencement or continuation of an action,

debtor of the kind specified in section 541A2 of this title that is acquired after the commencement

In a case concerning the debtor's spouse commenced on the date of the filing of the petition,

commencement of a collection or action to collect. In other words, once it's discharged,

as soon as the hearing starts, as soon as it commences, do I

And the foreclosure was commenced January of 2009.

Two, operates as an injunction against the commencement or continuation of an action.

A discharge in a case under this title operates as an injunction against the commencement

A discharge in a case under this title operates as an injunction against the commencement

A discharge of this title that is acquired after the commencement of the case on account

It specifically read that all prosecutions shall be commenced by complaint in a municipal court

What does the word commenced mean?

No cause is initiated, commenced, began, started

In recent news, Operation Jade Helm 15 will commence this week.

In recent news, Operation Jade Helm 15 will commence this week.

In recent news, Operation Jade Helm 15 will commence this week.

In recent news, Operation Jade Helm 15 will commence this week. Texas counties will participate in a two-month-long multi-state special operations training exercise for modern warfare, according to the military. This operation has put many on watch because documents released from the military place the states of Texas and Utah as red hostile zones in the exercise.

What it says is, is if after foreclosure – and foreclosure commences when you receive a notice

Regardless of whether it's within the first three years or it's after the commencement

Today in history, Wednesday, September 23, 1942, the Manhattan Project commences under

the Manhattan Project commences under direction of U.S. General Leslie Groves.

challenging state court judgments rendered before the district court proceedings commenced.

how long discovery will be, and when it will commence and when it will end,

Now here's their problem. Section 2 of this bill specifically states, the change in law made by this act applies only to a criminal proceeding that commences on or after the effective date of this act,

which again was September 1, 2015. A criminal proceeding that commences before the effective date of this act is governed by the law in effect on the date the proceeding commences.

impartial, and speedy trial by allowing prosecutorial proceedings to commence without such a complaint having been filed,

for failure to timely commence the trial on the merits.

that required all prosecutorial proceedings that had commenced prior to September 1, 2015

Here in Texas, it says, all criminal prosecutions shall be commenced in and by the authority of the state of Texas.

Well, the thing about it is, I guarantee you, even if it says all prosecutions must commence in the name of the people of the state of New York,

its assignee or an agent of one of these may instruct the trustee to commence

commences, the defendant waives and forfeits the right to object to the defect, error,

since the commencement of Operation Iraqi Freedom in March of 2003.

and a half civilian casualties in Iraq since the commencement of Operation Iraqi Freedom

and the terrifying estimates of a million and a half civilian casualties in Iraq since the commencement of Operation Iraqi Freedom in March of 2003.

and the terrifying estimates of a million and a half civilian casualties in Iraq since the commencement of Operation Iraqi Freedom in March of 2003.

and that there's not a force of law and public justice to protect it, then tyranny and anarchy commence.

adversary commences litigation.

After the foreclosure had commenced?

the commencement of the convention, on Monday, allowing it to be disseminated and read over

the commencement of the convention on Monday, allowing it to be disseminated and read over

in Texas, is that a prosecution commences by a complaint, and that the citation is insufficient

In recent news, Julian Assange, via his anonymous whistleblower site, WikiLeaks, released 20,000 hacked emails from the Democratic National Convention on Friday, July 22nd, days before the commencement of the convention on Monday, allowing it to be disseminated and read over the weekend.

the commencement of the convention, on Monday, allowing it to be disseminated and read over

July 22nd, days before the commencement of the convention on Monday, allowing it to be disseminated and read over the weekend.

the commencement of the convention on Monday, allowing it to be disseminated and read over

days before the commencement of the convention on Monday,

Prosecutions may be commenced in said court by information filed by the county attorney

Only in the county court, okay, can you commence a prosecution by affidavit.

So misdemeanors are the only types of charges by which an affidavit alone is sufficient to commence the prosecution,

Any court of the United States may authorize the commencement,

proceedings in a municipal court shall be commenced by complaint.

the repeal of Article 45.01 as eliminating the complaint only commencement of actions

has been given the clearance to commence collecting signatures if the measure is passed by voters.

In recent news, the proposed California Nationhood Initiative constitutional amendment and statute has been given the clearance to commence collecting signatures. If the measure is passed by voters, the initiative would erase the, quote,

know it gives you know her and him a lawsuit was commenced by petitioner and then her name

says it was commenced by petitioner and her name and then of course we know it was stamped

It seems that the recent G7 meeting has commenced its campaign to sell the agenda of fighting

fail to remove unacceptable content. It seems that the recent G7 meeting has commenced its

content. It seems that the recent G7 meeting has commenced its campaign to sell the agenda

It seems that the recent G7 meeting has commenced its campaign to sell the agenda of fighting

So the petition filed to commence this case on May 23, 2017 does not comply with the tax court rules of practice and procedure with respect to the proper form and content of a petition.

how a prosecution can commence or proceed and upon what facts and evidence

the feds and filed a demand of certification of commencement.

And wowzers, when I filed that certification, the demand of certification of the commencement,

commencement and they're going to let you out, and I told him, but you're going to

And certification of commencement is just a prosecuting attorney certifying that a prosecution

has commenced.

Somebody had told him that all he had to do was demand for a certification of commencement

Reason I asked that in Texas, the code says that once a prosecution is commenced, open

Yeah, I'm just a little confused about the special appearance is a jurisdictional challenge. So is the municipal judge acting without jurisdictions from the moment the motion hearing commences because the prosecution never entered any evidence in the record to approve jurisdiction?

And the prosecution commences based on the criminal complaint

I'm sorry, the prosecution commences based on the information

unless it shall be commenced within the one year after the offense was

commenced within four years after discovery of the commission of the offense or within

So the hearing commences and it was within 30 seconds.

commences we don't allow anyone until there's a recess well that wasn't a

is commenced.

I had a guy call in and he was bragging about how he went to court and asked for a verification of commencement.

Well, I looked up verification of commencement.

having jurisdiction then a prosecution commences and there is a prosecution for the prosecuting

That role is key in all of this due process stuff we see in the Texas Code of Criminal Procedure. They have to commence a case.

If a case doesn't commence, there's nothing to prosecute and there's nothing to adjudicate.

Then a prosecution commences, the authority of the prosecuting attorney is invoked.

and the magistrate makes a term next to probable cause, and issues an order of the 16.17 Texas Code of Criminal Procedure, does a prosecution commence.

He has no authority to commence the case.

Well, for each one of these people that are, for everyone that has a case before the court, that case is supposed to have been commenced by the filing of an indictment or an information.

So a prosecution can only commence by the filing of a verified criminal affidavit by a credible person, credible person to find as in one under over the age of 18, never convicted of a felony.

to see an indictment or information that commenced this case just like what Randy was saying a

and then there's also another absent party which is anyone lawfully authorized to have commenced

for a criminal case to begin or to commence they call it in some places in the law they call it

synchronization but they don't have any course court case commencement paperwork

and a municipal court would be allowed to commence on written notice only

And it said that the complaint was the way that the proceedings would be commenced in a municipal court, or I think it said municipal or corporate court or something like that.

Okay. Okay, you asked how, when does a prosecution commence?

to commence a case and they have to do it by the authorized individuals not just anybody's allowed

Chapter 45 specifies no commencement of a case

That means that per 45.002 we have to go outside of Chapter 45 to get whatever we need about a commencement of a case

But if they don't address something in there, like the commencement of a criminal case

Then you have to look outside of 45 because 45 doesn't provide for the commencement of a case

That's how you commence a case

It does not say that the city attorney or deputy attorney is allowed to start the case, to commence, to invoke the jurisdiction of that court

The one who commences the case is the judge sitting in his capacity as a magistrate

That's the only way a case can commence

create the information. And once it's filed into the proper court, then they can commence a criminal

A criminal action must be commenced by the filing of a valid and proficient accusatory instrument in order for the court to obtain jurisdiction

shulman the new york court of appeals decision it states a criminal action must be commenced

In state, a criminal action must be commenced by the filing of a ballot and sufficient accusatory instrument in order for the court to obtain jurisdiction over the matter.

So the prosecutor that's stirring up all this is actually not authorized to commence a case,

90 days from the commencement of his detention if he's accused of a felony. Holy mackerel.

30 days from the commencement of his detention if he is accused of a misdemeanor punishable by

the commencement of his detention if he is accused of a misdemeanor punishable by sentence of

imprisonment for 180 days through less. Five days from the commencement of his detention if he is

Within, now this is how long the state has to be ready for trial, within 90 days from the commencement of detention if he's accused of a felony, 30 days if he's accused of a misdemeanor punishable by jail for more than 180 days,

but in any claim, any criminal prosecution, before the prosecution can be commenced, there

result okay assault a person commenced an offense if the person intentionally

That was from John F. Kennedy, commencement address he gave at Yale University in 1962.

So I sat down and commenced writing an information request. I generally don't file my substantive

It's section 802.4, simple misdemeanor, one year, they have to commence prosecution within

That specific case has to have the jurisdiction triggered, invoked, it has to be commenced, there has to be a commencement of the case which never happened

the court, which is then required to commence criminal proceeding. Our founding

which is then required to commence a criminal proceeding. Our founding fathers,

And when this occurs, the indictment shall commence judicial proceeding, meaning they

And the indictment is enough to commence judicial proceeding.

Once that's done, the classes will commence and this is the format we're going to use for it. We're going to try to use the Socratic method instead of the Sarcasticatic method.

they have a case open. There's actually not been one that's lawfully commenced because they have

this case because it was never properly commenced. This court did not acquire jurisdiction because

prosecution and get all the way to the gavel banging part, but they have to get the case commenced

a court case commenced?

Are you saying two mechanisms to commence a court case?

by law. Prosecutions may be commenced in said court by information filed by the county attorney

can commence on an information.

Let's say that they did everything right, and they properly commenced the case, they've

discovery in the nearly imaginary scenario where court cases properly commenced and they

a court case that's commenced. Therefore, you've got to get the information through discovery.

If the case hasn't been properly commenced

Has your case been properly commenced according to the law?

So how can you possibly know which is the right courtroom for this case to be heard in if the case hasn't even been properly commenced?

Let's just skip the part about they never brought any charges and haven't commenced a case. Let's skip that part and go straight to the part where you stand an answer for whatever it is that they haven't charged you with yet.

You don't know the number of anything because they haven't commenced the case yet.

is commenced when a citizen, a credible person files a criminal complaint with either the

prosecutor or a magistrate. The prosecution has commenced and the prosecutor cannot dismiss

The codes, all the codes imply or intend that prosecutions commence with the filing of a

Now, it can commence with a prosecute, with a complaint coming to the knowledge of a grand

Actually, the Constitution says that every criminal prosecution must commence with an

case got commenced, and they're acting like it, they're having hearings and everything,

to just assume that a case got commenced properly, because there's no charging instrument.

how does this case get commenced?

So indirectly you have the right to an examining trial because the only way a prosecution in Texas can commence is by this method.

going through the commencement of a criminal proceeding,

the commencement of the criminal proceedings and just to read the rules, et cetera, et cetera.

examining trial to be commenced that is due is procedural due process and that

Prosecutions may be commenced in said court by information files by the county attorney

Okay, when did this case commence?

It commenced January 25th of this year.

The last hearing, I was re-going through how that hearing commenced and was reminded that

commenced. Did you get constructive notice?

Yeah, with the determination of probable cause they haven't even commenced a court case yet. They haven't decided if there needs to be a case commenced

It can't commence a case.

Can they commence a case?

You mean that would be a problem for the speedy trial before the case even commences?

They served, the action was commenced against your 15 year old son?

And so, if they true bill it, then that means they're going to go ahead and commence a case.

So then I go talk to the clerk of the court where he would have commenced a case.

If they had commenced a case and then the prosecutor decided they wanted to drop charges, they could do that.

Like maybe they didn't commence the case properly.

So once you have a certified copy of that, you have in your hot little hands exactly what charging instruments they feel like they got together to be able to commence this case.

Looking at the code, it doesn't provide a way for a case to commence without this first

They can't jump to jury trial when they haven't even commenced the case yet.

up Rose Judicata. Rose Judicata, there was already a judgment for closure and commencement,

can a case commence on a charging instrument or something that's in lieu of a charging instrument

Where in the world is he going to find some law that says that the citation can commence a case?

That's going to magically start the case or like I was calling it, immaculate commencement.

And so where we're at is on Monday at 9 a.m. I'm to appear at the Superior Court, the Hall of Justice for a commencement of a criminal trial

before the hearing was commenced. I gave these complaints to the judge. The judge is just sitting

Okay. If the judge is a magistrate, you go in before hearing commences,

Okay, I think I got the answer to that right here. According to one case, Shirley v. Schulman, a criminal action must be commenced by the filing of a valid and sufficient accusatory instrument in order for the court to obtain jurisdiction over the matter.

He may not commence or end prosecutions in the court system

If he decides not to abide by his contract, then I want a procedure commenced under Texas Civil Practice and Remedies Code, Chapter 66

A criminal action must be commenced

Okay, now, Shirley versus Schulman, the criminal action must be commenced

Criminal action must be commenced by the filing of a valid and sufficient accusatory instrument

The prosecution can commence on the complaint alone in a Class C misdemeanor

John was talking about how the officer is trying to commence the citation in New York

commence a case before you can prosecute it there's a special set of steps that have to be followed

to commence a case none of it happened nobody filed one shred of paper so there has to be

the primary pleadings we can start a case we can commence it they say well once it's been commenced

and if they want to commence a case that's what they have to do the constitution is very clear

some court automatically well i'm sorry but the cop's not a party he's not authorized to commence

commences and is authorized to prosecute it and pulls him in as a witness hey did you see this

the case we have statues that define the due course of the laws that's not case commencement

Texas handles due process or a due course of the laws regarding the commencement of a case

he determines that probable cause exists to commence a criminal case.

All felonies must be brought to trial within 120 days of the commencement of the criminal

state must be ready within 90 days of the commencement of the prosecution.

He dismissed a prosecution, a prosecution was commenced by the filing of your complaint,

And even if they were going to pretend like they had a case commenced and they were going

Well, that only works if Oregon has a statute that says they cannot commence a prosecution

They cannot commence a, I'm sorry.

They can't even commence a case.

prosecutions may be commenced in court by information filed by the county attorney or by affidavit as may be provided by law.

It goes on, down here it says, once trial commences, if a non-capital defendant flees or declines to attend his or her trial, the flight constitutes a waiver of the right to presence, and the trial may proceed without the defendant.

Once the complaint was filed a prosecution had commenced.

Now, until either one of those happens, they can't commence a case.

Prosecutions may be commenced in said court by information filed by the county attorney,

And, you know, so there's one in there that, you know, you have a year to, you know, to commence any kind of action against them, unless you are still...

so they can't use that to create a case that's not how cases get commenced if you look at the

how cases get commenced and you'll see in their criminal procedure how that works

Okay, but what this says, the reason that I went to this is it has the preamble to the Speedy Trial Act. And in the preamble, it says all felonies must be brought to trial within 120 days of the commencement of the criminal action.

If a misdemeanor is punishable by imprisonment for more than 180 days, the state must be ready within 90 days of the commencement of the prosecution. If the punishment is less than 180 days, the state has 60 days to prepare.

Commencement of prosecution. So it says that you commence by filing a complaint with a magistrate and you can poke around in that same area and find these other pieces that Randy's talking about.

procedure. You love this, Randy. It states, if an action's commenced to that it's not

support for a probable cause determination and for the commencement of a case.

And finally, there is the issue of the Limitations Act, pled by the defendant and raised at trial. The plaintiff commenced this claim on June 30th, 2022.

I'm limited by the two-year limitation to commence a legal proceeding from the day the plaintiff could have discovered the damage through due diligence.

No. Okay. So when she drew that line about limitations, you have to go from that date that it was commenced.

And now if you want to commence a new one, you'll go from today's date and go backwards two years.

Blah, blah, blah, but they didn't actually commence a case.

There would have to be some paperwork filed to commence the case.

so forth, and for the most part, there hasn't been any paperwork to commence a case.

So the case can't commence when there's no paperwork filed by the accuser.

from the accuser, that is what commences a case and that is what vests the court with

any court case can commence.

commence a case, a court case.

You can't have a case that just magically commences itself.

Then the prosecution has commenced even though you haven't been arrested.

So it can commence without you actually being arrested.

commenced or is this, when you say

whether or not probable cause exists to commence a court case, well, at that point, they're

Everybody in every state, always, before they can commence a criminal court case, they need

will commence.

authorizes them to hold. Exactly. And there would have to be some paperwork filed to commence a case.

That was several years ago when they were trying to railroad me for a traffic ticket, but they never commenced the case.

misdemeanors that looks like a good spot okay misdemeanors and petty offenses can be commenced

they then commenced to throw me off

They cannot commence a case, lawfully.

Well, and specifically the magistrate that would do probable cause hearing to make a determination whether or not the criminal court can commence a case.

I basically filed a suit, commenced it, and put all the evidence right when I put it all

Like, it says that on such and such date, the case was commenced.

that the case had never been properly commenced in order to invoke the lower court's jurisdiction.

turn to commence a case, right? Wrong. The prosecutor does not have a sufficient complaint

And so Florida has that particular crime set up so that it can only commence by indictment

But yeah, Florida has this particular crime set up so that it can only commence via the

But get to the point where the district attorney or county attorney is supposed to commence the case. Commencement and prosecution are two different things.

Commencement of a case is the district attorney or county attorney, nobody else filing an information along with the complaint that the information is based on.

But you cannot have the city attorney just magically pretending like somebody commenced a case and nobody filed a shred of paper to do primary pleadings.

And now they took out the part about come, and they said it just addresses prosecutions in the municipal court. And I think that that was a significant change. I think that was substantial because it starts to blur the line even more between who's allowed to commence a case and who's allowed to deal with the proceedings once it's been brought.

Brett, you were finishing up about commencement.

It's just that I would highlight the difference between commencement and prosecution.

That's not necessarily the same person as who is one of the very few authorized by law to commence a case and present it to a court, invoke the court's jurisdiction.

of the following in the immediate preceding seven-year period has commenced prosecuted or

which are needed in order to commence a court case but that bigger category also includes

a complaint which does not commence a court case but which is also included as part of