Habeas Saga Part 3
Dog License Saga:
As you remember our friend was arrested for not having a dog license. He was released on a habeas corpus and went to a hearing. At the hearing he was arrested a second time for "Crimminal Contempt". Note that the crimminal contempt charge was from several weeks ago not the night of the hearing:
Originally arrested on no dog license under the agricultural law which is a non-arrest able charge. After pointing out all the defects in their process, our friend was arrested and brought before a judge to make a plea. Our friend asked for the misdemeanor complaint, information and ---, After that he was brought to jail to which our other friends got him out on a habeas. When he went to the court hearing on Feb. 8, and was told that the DA would be there the next day, so he went Feb. 9 for the “no dog license” hearing. The DA made it clear that they weren't there for that, but for a "criminal contempt" charge 2 weeks before. Criminal contempt is for being unrully and most of the time used when someone is ordered to answer grand jury questions, but refuses to. They put in a new DA, (a tactic they always use), and did not mention the criminal contempt on Feb. 8 when he went in for the original hearing date. A law clerk made the remark that the judge should make a criminal charge so that he couldn’t get out on a habeas. The judge called the state troopers to come because he has an unruly person in the court. Of course our friend was not unrully and the troopers saw that when they were there. The DA was a little upset when he found out that our friend put in a misdemeanor complaint filed. Our friend made the new DA aware that he was unlawfully arrested and charged with criminal contempt in the second degree. Attorneys with higher knowledge of the law should know that they better investigate before they open their mouth and stick their foot in.In jail he was told that he needs to answer questions and sign any papers so that he can be release 30 days from that time, or the chief jailor would be down. The chief jailor had to come the next morning to get the info, which our man said he would answer under protest. The chief went down to the judge to supposedly get him release. They took our friend in a room to try to get him to post bail, which he wouldn’t. Our other friends went down with another habeas. Which they were told would not work this time because it is a "criminal" charge. After the habeas was filed, he was out in 2 hours! Even though he was “released on his own recognizance,”a habeas hearing must be held. As of this date that has not happened... Stay tuned, more to come.To show you how good aof spirits our guy is in, he said this:Cost of a dog license: $30.Cost of a 3-day stay in the county correctional facility: burdensome.Cost of a properly prepared and executed habeas: priceless.
- posted by Rochester L.A.W. @ 9:46 PM