How is it even possible that no judge on the Court of Appeals or Supreme Court Chief Justice Parker ever noticed that no probable cause hearing form exists for adults? If they open a case file, they surely would discover this fundamental obstruction of justice. Also, probable cause hearings should precede trials, and the death penalty.
Review and Analysis of the North Carolina Administrative Office of the Courts Misdemeanor Criminal Documents
(Proposed Order for Injunctive Relief)
N.C. AOC Misdemeanor Criminal Document Review
To determine which court forms are missing, which are not in compliance with N.C. statutes and the state and federal constitutions, and which are not in use and need to be to facilitate the administration of justice.
Documents identified need to be created, curbed or amended, as described herein. Some documents are not in use and need to be ordered to be used.
Review of the 500+ misdemeanor criminal documents posted online on the North Carolina Administrative Office of the Courts website: http://nccourts.org/forms.
Three documents need to be created to comply with the 14th amendment and state and federal statutes:
- Defendants’ right to demand or waive probable cause hearing in district court pursuant to North Carolina General Statute §15A-606.
- Motion to Continue (for good cause shown) in District Court.
- Certificate of Service for a jury trial (in superior court).
There are two unlawful court documents that need to be curbed.
- Unlawful Motion to Continue document. (It is not approved by the North Carolina Administrative Office of the Courts and it violates defendants’ constitutional right to due process under the 14th amendment because it does not require their knowledge, consent or signature. In addition, the language used in the document is unlawful. It says that the “trial” of the charges will be continued. Per North Carolina General Statute §7A-196 there are to be no jury trials in District Court. A probable cause hearing is the only pre-trial proceeding allowed by law in District Court.
- Unlawful Transfer and Appeal document. It is not approved by the North Carolina Administrative Office of the Courts, and it denies defendants’ their 14th amendment right by not requiring their knowledge, consent or signature. In addition, misdemeanor cases cannot be both transferred and appealed to superior court. Misdemeanor cases can be transferred to superior court by the DA if he finds probable cause that a crime was committed.
The following court documents need to be amended to comply with state law and the state and federal constitutions:
- Impaired Driving Sentencing (AOC-CR-311): This document violates the 14th amendment to due process because it allows a judge to convict defendants without their knowledge, consent and signature. It needs to be amended to include signature line for defendants and their attorneys. In addition, the document contains incorrect information. It says that trials and sentencing hearings occur in district court. Per North Carolina General Statute §7A-196, there are no jury trials in district court. Therefore the incorrect/unlawful information must be deleted.
- Impaired Driving – Judgment Suspending Sentence (AOC-CR-310): This document violates the 14th amendment of the Constitution because it allows a judge to sentence defendants without their knowledge. In addition, it contains unlawful information in the “Monetary Conditions” section, where it says that a probation officer is to determine costs. Per North Carolina General Statute §6-7, the costs of a conviction are to be determined by the superior court clerk after judgment.
- Judgment/Order/Disposition (AOC-CR-305): This document allows a judge to convict a defendant without his knowledge; thereby violating the 14th amendment right to due process. This document needs to be amended to include a signature line for the defendant and his attorney.
- Defendant’s Plea of Guilty or No Contest (AOC-CR-322): This document needs to be amended to include the Defendants’ choice to plead innocent. In addition, this form is not being used, and needs to be for the purpose of allowing due process under the 14th amendment.
- Prosecutor’s Explanation (AOC-CR-339): This document is not in use and needs to be ordered to be used. This document holds prosecutors accountable for reviewing evidence such as the police report and SBI evidence to determine if there is probable cause that a misdemeanor was committed. Without use of this document, Wake court prosecutors will continue to force innocent people into jury trials in superior court.
- Judgment/Order Disposition (AOC-CR-305): This document violates the 14th amendment of the Constitution because it allows a judge to convict a defendant without their knowledge, consent, or signature. It needs to be amended to include signature line for defendant and defendant’s attorney.
- Misdemeanor Statement of Charges (AOC-CR-120): This is a prosecutor’s document, and it is not in use. It needs to be used because it holds the prosecutor accountable for reviewing case evidence. This document forces a prosecutor to think through the evidence against the defendant to determine whether there is probable cause. If there is no probable cause, a prosecutor should be able to dismiss charges against a defendant without waiting for a judge to act at a probable cause hearing.
- Notice of Intention to Introduce Evidence at Trial (AOC-CR-902M): This document contains unlawful information. It states that evidence may be introduced at a trial in District Court. Per NCGS §7A-196 there shall be no jury trials in District Court. Therefore this document must be amended to delete the District Court. Notice of Intention to Introduce Evidence at Trial in Superior Court is lawful.
- Additional Findings (AOC-CR-618): This document allows a judge to manufacture evidence against a defendant without their knowledge, consent or signature, and therefore violates the 14th amendment. Use of this document should be curbed unless it is amended to include a signature line for the defendant and defendant’s attorney.
- Order for Arrest (AOC-CR-100): Allows any clerk to issue an order for arrest without cause. The Court must require that the clerk who issues an order for arrest must sign their name on the document for accountability. This will help prevent violations of the 4th amendment (unlawful arrest and seizure).
- Bill of Costs (AOC-CR-381): This document needs to be amended to include criminal codes established by the North Carolina General Assembly. It currently contains codes that do not correspond to any codes established by the N.C. General Assembly. The problem created is that it allows non-uniform and fines in excess of what is prescribed by law to be charged to defendants’.
- Waiver of Trial (AOC-CR-202): This document violates North Carolina General Statute §7A-196 which states that there shall be no jury trials in district court.
- Motion to Continue (in Superior Court) (AOC-CR-410): This document is not being used and needs to be. It forces all parties (defendant, prosecutor and judge) to discuss the “good cause” why a case is being continued. It will force all parties to be accountable for their decisions and actions and, if the continuance causes a constitutional violation, then the party responsible for the violation can be held accountable.
- Certificate of True Copy (AOC-G-101): This document is not being used and needs to be used. It forces court clerks to examine and explain exactly what they are certifying. This will help prevent court clerks such as Tonya Woodlief from unlawfully changing case status from disposed back to pending in the “ACIS” system and setting new court dates. This will also force court clerks to be accountable for their actions. If a court clerk unlawfully certifies a document, then this form will enable the defendant to determine which court clerk is responsible.
- Order to Surrender License (AOC-CR-341): This document is not being used and needs to be. Without use of this document, the court can seize a person’s driver’s license unlawfully and unconstitutionally, depriving the 14th amendment right to due process and unlawful seizure of property, a violation of the 4th amendment.