it do you understand the maximum penalty that you face for this charge so judges who become involved in enforcement you know I understand you want to object to things and you're going to be allowed to object to things okay but we have to do things one step at a time and I do have other cases today I'm not going to entertain this for like a whole hour I've got other cases going on if you want dig in your heels and just make this real complicated or real difficult we could do that and I can hold you in contempt and you'll go back to jail cell for a while I don't wish be had contempt I'm just wish ta my six Amendment right that's fine so before I can let you laws I can site laws that will will show you that the the exercise of a right can't be converted into a crime I'm trying to get understand the nature and cause of the action against me you're not clarifying enough to where I can comprehend it as you say comprehend the maximum penalty that you would face I'm I'm not answering any of those questions until you establish that this is a court of the Constitution has jurisdiction under these jurisdic I established it I told you you might think I'm wrong and you can appeal no such statut jurisdiction Mr McLoud let me make this simple for you did do you ever watch uh let me make this simple for you I'm going to ask you this question one more time one more time okay two things are going to happen you are either going to answer my question or I'm going to hold you summarily in contempt and the court officer will bring you to a jail cell and we'll talk about it tomorrow you understand that so Mr McLoud Mr McLoud two things are going to happen you're gonna answer my question or you're going to jail for summary contempt for not complying with the Court's request do you Mr McLoud understand that the maximum penalty for the charge against you is three years in prison Andor $1,000 I don't understand the charges contemp Court TI in C reallyit ERS not consti all this program was made possible by contributions to your PBS station from viewers like you thank you [Music] and welcome to facts or [Music] frauds all right good morning we are on the record in the 53rd Circuit Court for the county Shaban we are providing Public Access both in the courtroom and also online and we'll call the case of people of state of Michigan versus Trevor McLoud it's file 23674 48 f8 right Mr moud we were here last time and tried to conduct the arraignment um and you ended up being held in contempt and so we're continuing the arraignment to today's date so let's uh let's try again all right so Mr Cloud um I've got to obey the dictates of the Michigan Supreme Court and they make me go through certain things sure you're here without a lawyer so I need to obey the Supreme Court and establish certain things so that I can make sure that you can represent yourself so you've got the right to represent uh yourself or to have an attorney represents you you can't do both at the same time so I need to establish uh which which one you're choosing so to do that I have to first advise you of the uh maximum charges that you face count one is a charge of resisting obstructing a conservation officer with a habitual second notice makes it a felony punishable by up to three years and or $1,000 fine count two is operating a motor boat while motor boat while intoxicated that's a misdemeanor punishable by up to 93 days Andor $1500 fine Andor 45 days of community service suspending the privilege to operate a vessel cost of prosecution or emergency response Mr McLoud do you understand the maximum possible sentences for those charges can I stay something for the record no I'm asking you a question do you understand the maximum punishments that you pay I don't accept those charges I got a treaty right here that says I wasn't doing that's that's for later all right Mr McLoud you you apparently want to do this the hard way again I'm just asking you if you if you comprehend the maximum penalty that they're charging I comprehend okay so do you understand that you have the right to an attorney either hired of your own choosing or provided at public expense do you understand that right do you wish to uh have an attorney represent you or do you wish to represent yourself I'm presenting myself here by special visitation as opposed to General appearance or lack of subject matter jurisdiction because 1836 Treaty of Washington which was further coined in 2017 consent space of my vot do not need to be registered which makes this unlawful investigation proof of the poisonous tree okay so you you wish to uh represent yourself in this I'm representing myself okay and has anybody uh promised you anything or threatened you in any way to get you to wave your right to an attorney or are you doing that your own free choice it's not my own free choice Oh you mean that the you you're not choosing to be here because of the charges I just mean so nobody's like making you give up your right to an attorney well you I said you got the right to an attorney you don't want to have an attorney is that is that your choice or is somebody like pressuring you to not have a what's pressuring be here that's not what I am okay is anybody pressuring you to give up your right to have a lawyer no okay see I'm not asking you trick questions I promise you not these are not trick questions all right so I'm also required to make sure that you are doing this with open eyes meing that you understand the the risks of self-representation so as you found out last time this court has procedures that this court will follow and when people refuse to follow them there will be consequences for them if you're representing yourself you're going to be held to those same procedures just like a lawyer do you understand that you comprehend that I comprehend with this does what wants and violated process so this whole thing shame it's not what I asked you okay do you comprehend that I'm going to hold you to the same standards of procedures that I would to an attorney I don't think that's how it should be done I think there's case law that says that people won be a present themselves they have standards well they don't I mean I try to uh I try to work with them as I am with you I can promise you I don't have these types of conversations with lawyers at the arraignment because they know what they're doing so I'm trying to give you a little B more leeway um but you have to follow the procedures as they are dictated by the Supreme Court and the court rules and as I say them to be not what you think they ought to be but what I say they are do you understand that I don't understand I comprehend it okay all right now because of that attorneys have had to you know be licensed to understand those rules and have degree from a law school where they've spent three years studying those rules um and so there may be things that they're aware of that you may not be so when somebody represents themselves there may be a defense to the charge where a lawyer May under might recognize that defense and present it and somebody representing themselves might miss that defense so when you represent yourself you take the risk of that happening do you comprehend that all right so let me give you an example of that about two years ago I had somebody in a in my court in my other County similar to your beliefs about the law and this defendant was Raising similar claims as you're seeking to raise here they didn't Prevail because courts don't agree with those claims and the person became so disruptive I withdrew their permission to represent themselves and I appointed an attorney for that person against their will the attorney recognized that there was a defense to the charge filed a motion and I dismissed the case on the attorney's motion the person represented themselves would have never recognized or did not recognize that defense so do you understand when you represent yourself and give up the right to be represented by a trained attorney you're taking a risk that there may be defenses that you might miss I can't what you're saying okay so we can just move forward from all right so then the final thing that I have to decide is whether your self-representation will disrupt unduly inconvenience or burden the court and the administration of the Court's business if I'm judging it just on last time's appearance I would say well yeah you're going to be disruptive so I'm not going to let you represent yourself today you've been tempted to go down that road it seems to me but you've uh trained yourself so I'll at this point find that you representing yourself is not going to unduly disrupt inconvenience or burden the Court's business but you should understand Mr M that changes and you decide that you're going to run this courot which you do not then I will withdraw your authority to represent yourself and I'll appoint an attorney to speak for you and you won't be allowed to speak um but as long as you're going to you know follow the proper procedures at this point I'll let you represent yourself all right so I will find that Mr McCloud is unequivocally waving his right to counsel he's made that right knowingly intelligently and voluntarily and he's aware of the disadvantages of self-representation and at this point I'm finding that a self-representation will not be disrupted from Court's business all right now Mr McLoud I have to arraign you on the charge itself have you been given a copy of the the document called information felony the charging document that contains the charges against you okay you would have the right to have me read uh that document in full on the record do you wish uh me to do that or do you want to wave the reading of the information I guess procedure go okay so count one charges you with resisting obstructing conservation officers and it alleges that you did knowingly or willfully obstruct resist opposed assault e or room coo Leon Felts an officer appointed by the director of the Department of Natural Resources when said person was making an arrest or search contrary to Michigan law that's normally a high court misdemeanor punishable by two years and or $1,000 fund there is a habitual offender second notice indicating that the court should take notice that you were previously convicted of a felony or an attempt to commit a felony in that honor about February 12th 1996 you were convicted of the offense of larsy from a motor vehicle violation Michigan law in the 53rd Circuit Court for Shaban County therefore that increases the maximum penalty to one and a half times meaning that resisting obstructing charge is punishable by a maximum of three years under $1,000 count two Marine safety operating while tox alleges that you did operate a motorboat on the Waters of the state while you were under the influence of alcoholic liquor contrary to Michigan law that's a misdemeanor punishable by 93 days Andor $100 to $500 fine Andor 45 days community service Court to suspend privileged to operate vessel one year to indefinite and the court can assess the cost of prosecution or emergency response all right Mr McLoud um how do you wish to plead to those charges you can either ple guilty not guilty or you can I don't because I had decree here that wasn't violating any which makes everything after approve for evidence copy of my trial card a copy of the excerpt from the7 consent decree well that would be uh that would be like a motion to dismiss later on which you could file in fact you had filed a couple motions to be heard today and you withdrew them if you file motions and want them heard I will hear them I'll hear your arguments and I'll rule on them on the merits and the law and the facts uh but you can't skip the you can't skip the entering of a plea and go right to a right to a motion so I first have to enter a plea either guilty not guilty or you can stand mute and refuse to enter am I my understanding that you are refusing to enter a plee which is fine that's not a that's not a violation of Court procedure it's it's one of your options you have three options right now to enter a plea of guilty to the charges to enter a plea of not guilty to the charges or to decline to enter a plea to the charges which of those three options I decline any plea okay that's fine that's your right to do so so Mr mlod is standing mute as to the charges the court will enter a not guilty plea on his de that well I'm sure you don't want me to enter guilty so I have I have toer one practic the bench so are you finding a determination that I'm notty I do not have to subject myself to your cross examination that's not how this works all right so I'm going inter not guilty on your Mr Juliet are the people requesting a referral to the forensic Center no you're h i don't see any indication that Mr McLoud is in competent to stand trial so I won't uh make such a referral on the court all right so Mr McLoud the other thing I have to do today is kind of pick a day for us to come back hear any motions that you know you may file in schedule or the prosecutor May file in schedule or to see if there's a resolution of the case um or to schedule a trial and call that a call because we're calling the case to the doctor so I've got to pick a docket call date usually do that about a month out so I could have and come back Tuesday February 6 at 9 a.m. Mr Juliet what would be the estimated length of trial the case went trial one day Mr Juliet anything further from the people uh just I received an email yesterday from Mr McLoud appears to be a dis positive motion I would say suppress the evidence I know Heil motion based on summary disposition a while back that was with drawing um I would just request that if he wants to move forward with that motion to supress um just give us a copy of a written motion perhaps the court could hear it on the six and I would just ask seven days to respond to it all right um so Mr McLoud I've done everything I need to do today in terms of determining whether you can represent yourself advising you the charges uh entering ple and scheduling our next court date you can feel free to file any motions or objections that you want to have heard to be heard on that date um I can't rule on things uh orally on that regard it sounded like today you wanted to tell me some things about a treaty and things like that you might be right I don't know but I'd have to review your written materials I'd have to review your argument I'd have to hear from both sides and then make a make a decision on that we can do that on the 6th if you file the motion and notice enough to be heard that day is there anything further for purposes of arraignment today for motion heard earlier than that and I'd like to re to my bond restrictions which are quite invasive honly well you filed a motion to review those and then you withdrew your motion I mean I'll uh well I guess I could make one exception to that that the Court rule does allow Bond to be re reviewed at any time so I do allow oral motions to review B so if you want to talk about your B conditions right now I I'll certainly do that I think they're very restrictive I think they're violation due process I think that they're unnecessary to prove on the show up or public and [Music] um what those conditions are because I didn't set them those are set by the district court so let me review here which conditions is it that you are um thinking they unduly restricted uh they having call take drug test is that the only condition you're seeking to have removed it's really the only one that well not being able to leave the state is kind of silly too travel all right Mr Juliet um Mr McLoud is objecting to the bond conditions of calling the bond line for testing every day and not leaving the state of Michigan any response uh if he works out of state I have no objection to that striking that from non as far as the botom line I mean this is an alcohol offense it has been a while there's been no bond violations so I don't have any OB to okay now the initial conditions downstairs did say accept travel for work purposes I mean looking at this charge I've got a misdemeanor charge I've got a fairly fairly low severity felony charge um so I mean I I if Mr McLoud if if you didn't show up for court that would be a problem but if you wanted to you know go to another state for for work or frankly for any other reason I'm not sure why I would care about that I don't think that would I don't think this is the kind of case where you impose a Flight Risk so I am going to amend the bond conditions to remove Bond line requirement and remove the restriction on out ofate travel If This Were A drunk driving charge with a motor vehicle I don't think I'd remove that because I think uh I'd still want to have you testing but I'm really not too worried you're going to be operating a motor booat right now uh anyway so so I'll I'll grant that request Mr and remove those two Bond conditions the court will enter an order so that you don't have to present one to us effectuating those changes further through today Mr M okay we see you on the six if you do want your motions heard on an earlier date you can contact the assignment Clerk and see if there's a date we can get you in soon all right good day you can't fix stupid and thanks for hanging out with us on factor for ODS make sure you hit that Thumbs Up Button you're subscri subscribed and ring that Bell for notifications so the next time Premier a video you can me to live chat with everyone else and leave a comment in the comment section tell me what you think and a huge thank you to our channel members arbert Morley andd Chris Kelling goess of Truth Westside girl reacts exential Ang Mike Pats cats butur Jason Heaton and Buddy Parker one you she thank [Music] you now if you're still hanging out thank you I appreciate you all hit that thumbs up make sure 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