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04-05-2008, 04:24 AM #4Junior Member
Court
I was arrested in Gallatin County ky and before I went to court for arraignment I filed a Demand for a Bill of Particulars, and I served copies on the prosecutor and the judge. On arraignment day the judge said "You are charged with possession of marijuana, that's a violation of KRS number blah blah blah, Do you understand the charges as they have been read to you?"
I replied "Your Honor, I am here on a special appearance to get an answer from the prosecutor on my Demand, I would like a continuance so that he may have time to answer." The prosecutor stated that he would not answer the demand. I then handed the prosecutor and the judge via the bailiff, copies of my motion to quash based upon the failure of the prosecutor to answer the demand which is prima facie evidence that the indictment was flawed.
The Judge continued the case.
The next time I went to court the judge said again "You are charged with possession of marijuana, that's a violation of KRS number blah blah blah, Do you understand the charges as they have been read to you?"
I replied "Your Honor, I am here on a special appearance to get an answer from the prosecutor on my Demand" the judge looked at the prosecutor, the prosecutor said he was not going to answer the demand. then the judge said "Case dismissed"
If you want copies of the paperwork they are available for free as well as instructions.
on my website.
Rev. Roland A. Duby
Brothers For Mercy
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