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  1. #1
    Join Date
    Jul 2010
    Posts
    26

    Default No Prosecution

    My question involves traffic court in the State of: California - San Diego.

    This is a bit on-going however I thought I should start a new thread.

    I called the court today to ask whom the prosecutor will be for this case, and also an address to send my discovery request to. Their response was "there is no prosecutor, only you the judge and the subpoenaed officer."

    From reading a lot of posts on here, should I cite:
    People v. Marcroft (1992) 6 Cal.App.4th Supp. 1 , 8 Cal.Rptr.2d 544
    and (please help with the correct verbage) motion for dismissal due to lack of prosecution?

    ----
    This is my thinking. Can the officer not testify if no one calls him to the stand? Also if the judge calls him to the stand, doesn't he then assume the job of prosecutor and from that wouldn't he automatically be biased by assuming that role?

    Thanks!

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: No Prosecution

    Did you read that decision? It doesn't say that the officer can't testify. It doesn't mandate a prosecutor be present. It deals with procedural issues with regard to an appeal from the initial proceeding.

  3. #3
    Join Date
    Jul 2010
    Posts
    26

    Default Re: No Prosecution

    Hmm.

    So because of People vs. Marcroft -- The officer cannot question me as he is a witness. My concern though is that the judge will be biased. How can I combat this?

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: No Prosecution

    The officer couldn't interview you even without Marcroft. Marcroft pretty much covers the judge's behavior with respect to the officer.

  5. #5
    Join Date
    Jul 2010
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    26

    Default Re: No Prosecution

    So is there anything on my side by them not providing a defense.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: No Prosecution

    I can't even begin to comprehend that last statement.

  7. #7
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: No Prosecution

    Quote Quoting DrMoMo
    View Post
    So is there anything on my side by them not providing a defense.
    What do you mean "them not providing a defense"?

    The officer testifies as to what he witnessed what his qualifications are, etc... you can cross examine him... you can testify on your own behalf (in your "pwn defense")... and the judge can ask either of you questions to clarify aspects of the case (or facts) that are unclear... Then the judge renders a decision!

  8. #8
    Join Date
    Feb 2010
    Posts
    616

    Default Re: No Prosecution

    Quote Quoting That Guy
    View Post
    . Then the judge renders a decision!
    An unbiased decision for sure.


    MoJo...PM some of the guys that have commented on this issue before.

    GL

    A

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