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@MoorishWanderer b.s., if a case is binding precedent and holds you don; need a verified complaint, then you don;t need a verified complaint.
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@Tactikalguy1 oooh, fake legal advice!
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dur hur hur
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Those cases cited only apply if the facts of those cases are the same as yours.
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:)
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Using a Demurrer puts the burden on the prosecutor to prove he has a case and a complaining party (victim) before the court can make you answer to the so called charges against you. You will find out very quickly by filling the demurrer that the prosecutor does not have a case, complaining party, or verified complaints to show the court. At this point the case should be dismissed, but that doesn't mean it will when the egos start to get in the way.
Does this help?
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So what is going on in plain English is this. Traffic tickets are NOT (verified complaints). With out a true verified complaint (cause of action) there is no case. The system wants you to think you have broken the law by speeding or running a stop sign etc, when in fact as dangerous as these actions may be, it is still not a crime. In order to have a crime you MUST HAVE A VICTIM that has filed a Valid Cause Of Action (verified complaint) against you.
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DEMURRER: In pleading. The formal mode of disputing the sufficiency in law of thepleading of the other side. In effect it is an allegation that, even if the facts as stated inthe pleading to which objection is taken be true, yet their legal conscpiences are notsuch as to put the demurring party to the necessity of answering them or proceedingfurther with the cause.
Read more: DEMURRER | Black's Law Dictionary
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In California the courts do NOT need a "verified complaint" to proceed against you. I tried this with my last (speeding) ticket and the judge actually read all my motions and demurrer, went into his chambers and came out and sighted 2 seperate, recent cases that state that they don't need the verified complaint. So what happens with lack of Corpus Delicti? I don't know... you tell me.
elitedefense72 1 month ago
@elitedefense72 .... They do need a verified complaint. As a matter of fact, they claim that the citation is the verified complaint. Not sure what you are doing but if you want, send me your number in a private message and I'll give you a ring.
Tactikalguy1 1 month ago