[Music] the courts the judges the the sheriffs the police the state troopers have all been committing a crime by arresting people for not paying their court fines when they're when they get tickets or get arrested and get a court fine a ticket fine [Music] and welcome to facts or frauds our first case this morning is uh people versus David Thompson this is file number 25- 1379 dfh Mr Thompson uh you can come and uh take a seat David on be of the people recognizes the defendant Mr David Glen Thompson who is now at the defense table and he is currently repres representing himself in this file uh Mr Tom Mr Thompson as you may recall I just need to go over a few things the law requires me every time um do you understand that you have the right to hire your own attorney and you understand that you have the right to have the court appoint an attorney to assist you if you cannot otherwise afford it and you'll also have the right to self-represent pursuant to the Constitution you understand and you are electing to represent yourself is that correct sir I am your honor and I think you've represented yourself in this file the entire time yes through District Court okay all right so we're here today for two things the first is uh we're here today for a pre-trial conference um the pre-trial here uh hearing today is just to find out where the case is going the case probably yes just recently bound over to uh the Circuit Court after going through the preliminary exam phase in the district court and I see that the felony information was filed on February 6th and the court then subsequently issued assum I did yes I scheduling an order about actually that was done on February 5th though I looks like the information was dated February 5th but fined on the six now we are here again today for a uh pre-trial conference hearing uh Mr um Thompson the only thing we do at a pre-trial conference hearing is just to find out where the case is going if there is a resolution of any kind you guys can tell me if not then I'm going to ask if there are some other I'm going to ask a couple other questions the first thing here is see that the defendant is pending charges and I didn't say what they were looks like there are two counts for a possession of a controlled substance all right Mr Thompson is there any resolution between this Casa I'm sorry in this case as far as you know hon I believe there is okay hold on hold on I just got to ask the other party first because an agree a resolution means an agreement uh Mr Den hton are you aware of any pre-trial agreement I'm aware of that all right thank you that just lets me know that I sorry checked off that block what's what do you think is the uh nature of the resolution that your your honor I I made a deposit with expart hearing regarding another matter Equity taking jurisdiction to avoid a multiplicity of Suits putting of consideration for full accordance satisfaction and settlement and closure um to my knowledge from what I understand it includes all matters and all liabilities related um now I did realize that I should have directed the clerk to deposit that in accordance with the judicature ACT revised in 1961 act 236 under Section 600. 576 uh depositing funds stocks or Securities with the court clerk pursuant to court order is discharged from further liability and in that matter I was the payer so I did that and I'm still trying to make sure all this gets settled in closure in honor okay um that would be another one of those envelopes that you yeah understand okay if there if there's there's any other instructions or my duty that I'm aware of but I'm willing to correct my mistakes okay quick look here and you were giving me a reference to the jure ACT and I know it's 600 and you reference 576 okay and how do you think deposit what what did specifically again did you deposit a certificate security okay and so what security was it that you tendered that was consideration or or any El understanding liabilities are okay so your deposit of this C certificate of security applies to how much was it for um that's that it has been unassessed and unknown at this time which is what I'm seeking further from the court assistance yeah and all right so and you think that somehow takes care of this particular file due to the fact that where there's a conflict and and variation in the law between common law and Equity your honor Equity shall Prevail and Equity takes multiple jurisdiction to avoid a multiplicity of Suits all right so are you charged with the uh possession of controlled substances in more than one case no your honor of that case I was a payer which Falls U in into this with the 6576 and to my knowledge a trust running in the background deserves to be heard in equity so in this particular file there isn't you don't owe anything my knowledge I do not I no so my knowledge I freaking clear of liability WR no no liability is a different word liability doesn't apply here yet right there's no piece there's no judgment that says you owe anybody money so there's no liability thank you for correcting me yeah now the question here is is there a resolution to the case filing whatever you think you file doesn't resolve this particular case I understand your honor in in equity I thought that they that they took jurisdiction to avoid multiplicity of Suits so no uh multiplicity is something different multiplicity is generally used in if you've been charged with the same act more than once or if been tried more than once and that becomes Double Jeopardy multiplicity is something entirely different unless you're telling me you've been convicted of the same offense already before which I know the answer no it's okay so I'm sorry sir I cut you off I I do have evidence um that I did deposit with the prosecutor's office of potential resolution okay so you made an offer to the prosecutor to resolve the case yes honor and I've got the card recent that's okay and so what happens here is I'm just the manager of this small version of Tiger Stadium I always use Tiger Stadium by the way I don't even watch baseball but anyways this is my little Tiger Stadium all I need to know is that somewhere in the future and the date is currently on a piece of paper looks like that is May 8th May 6th May 6th we've got a game it is the Tigers that's his home stadium so we'll say that's Mr Den Hound versus the twins that's Mr by the way I like Minnesota that's fine but all I need to know is are we playing baseball on May 6th if the answer the answer is either yes or no we're going to get two bites of that Apple today is the first one the second one comes at the final pretrial conference so today do I keep the game currently schedule people versus Thompson set for May 6 that is all I'm here to do now if you and Mr thomps and Mr denal reach an agreement that's between you guys I don't care what you guys deal with right outside that's has nothing to do with me Mr denh says they don't have an agreement which means your offer has been at least at this point in time rejected so now the next question here is that means we don't have a resolution today don't know I don't understand necessarily the theory of Mr Thompson resting on the statute um that he ref referred to this is nothing to do with liability but so far it doesn't end the case you can't pay off a fine until I order a fine so therefore the next question I have is and I know that Mr Thompson is currently on bonds so we don't have any issues there right now yet I know there's a bond petition the next question here is um have you gotten all the evidence the discovery in the case like the police report um any yeah it's okay it's okay I'm not sure that I have it in total all right so the best thing you can do is uh you can look at the police report and for instance it says well hold on have you received a copy of the police report I believe I do have on your armor have you received should be a lab report from the Department of State Police and forensic crime lab I'm not sure if I've got that yet Mr Den Hound has there been a crime lab report yet sometimes they're running behind nothing works like it does on television you're it has been submitted but I don't believe we have a copy of it all right so that means I turn over here and I'm just going to say on my Discovery issue still you're I stand corrected I do have a copy never mind I don't have to write that down the next is are there was there a prelim there was okay let's make sure that I ordered the prelim transcript all right thank you let me take a quick look here there is audio and video that has been submitted as well okay he he doesn't have a copy I'm happy to send another copy all right so I see that the transcript has been ordered by my office the transcript of the prelim will be prepared and issued to both the prosecutor and to the defendant now the next question would be I'm sorry if you have received those you say you think you have so I'm just going to tell you what you can do is look at the police report and typically on the last page or two it will report whatever exhibits they may have collected let's say for example this was a well I don't use an example just use the charges if there was some kind of baggie that will be put into evidence that'll be listed listen down there you'll get the baggie you'll get you'll get the test of that baggie now you should also be able to get the chain of custody which should generally come so you just want to make sure that there's the chain of custody now if the defense chooses ever to have a substance retested it can ask for that but it pays for it on you would pay for it on your own you'd have to find a lab and then we'd have you'd have to come and have me give an order that says hey police agency send it send it to that lab so things like that so you can ask questions about Discovery but so far right now it seems like you have it but again if you look at that police report look at the last two pages it will list all the exhibits and you're going to want to make sure you've got those exhibits and typically there's some kind of body camera now by the way unlike what they show on television not every body camera works all the time not every body camera gets digitally downloaded for some reason I don't know why but you just can find out that information and sometimes by the way they're muffled good luck figuring that out all right so we don't have a resolution we don't have any Discovery issues the next question is do we have any motions now Mr Thompson inside my schedule order I said we have any motions such as a motion to suppress you can raise it within 30 days of the trans transcript so if the transcript gets provided to you in let's just say for a random Choice March 15th you have until April 15th to raise a motion like a motion to suppress okay now that I've covered all that now let's turn to this last question here the next question here is U Mr Thompson looks like on U March I'm sorry February 19th the prosecutor filed a petition uh asking to show cause now basically alleging that there was some kind of bond violation particularly in this instance the bond violation is that you Alle fail to appear for a drug test on uh February 9th of 2025 and then February 16th 2025 now that the prosecutor could have asked for a bench warrant he didn't do so which is pretty common in this kind of a situation I can tell you that um either party or the court can ask to review someone's Bond and um there isn't a right to a trial there is no jury there's no proof Beyond a reasonable doubt it's just that the court looks at it and gets to determine whether or not that's a violation and then if so what should I do should I revoke Bond should I remand the defendant into custody should I modify the bond or should I just wag my finger if they don't do that again now um do we want to have a hearing on that do you want to have a hearing and by the way well hold on Miss Stark is Miss Dean Stark joins us today also via Zoom from the wford Missi Community Corrections program M Stark are you here for this one yes um have I just want to ask you this question have there been any other alleged violations uh two two violations on the 9th and the 16th for no shows all right but nothing since then no all right thank you all right has he shown up at all for any testing he has all right any any I assume they've all been negative uh just positive for THC all right and that probably wasn't listed okay all right by the way Mr uh Thompson um if you admit to failing to show up for those two tests I'm just going to go with the finger wag and say don't do that again make sure you show up okay um is it sure you failed to appear for those two tests by mistake I did your arm I apologize on to the court as long as you've been going to testing and you've been and it just was on a couple different events uh I will note they appear to both be on a Sunday so um I'm just going to say make sure you don't the court finds that there's been a bond violation but the court is not going to revoke modify the bond I'm just going to do the finger wag there we go all right uh yes sir anything else I wish to Express gratitude and I appreciate the court um in its lenience leniency and I also want to let the court know that uh every day of my life is getting better I'm glad to hear that Mr Thompson appreciate the opportunity to improve no problem and and I don't mind discussing the questions you bring up uh that is perfectly all right Mr denh anything else today no and I'm sorry Mr Den I should have let you argue if you wanted me to revoke Bond I I failed to do that that was I would not have argued against as a court notes I I initially requested a show I got you and I'm sorry I I expected you to just to say that so unfortunately I skipped over you and that wasn't polite all right uh thank you very much this case will continue uh to next be set on the docket for a final pre-trial conference all right thank you all very much we are adjourned you can't fix stupid and thanks for hanging out with us unfa frauds make sure you hit the Thumbs Up Button you subscribed and ring that Bell also leave a comment in the comment section tell me what you think and a huge thank you to all of our facts or frauds channel members and if you're still hanging out thank you I appreciate you all make sure you hit the Thumbs Up Button subscribe and ring that Bell also leave a comment in the comment section tell me what you think till next time I'll see you soon [Music]