Verified Complaint Legal Information

I. A "NOTICE TO APPEAR" IS A CIVIL PROCEDURE On ___________________, the accused signed a "Notice to Appear", as referenced in Vehicle Code 40500. Notice to Appear is defined in Blacks Law Dictionary (6th) as: "Notice to appear. Shorthand expression for the form of summons or order of notice in which the defendant is ordered to appear and show cause why judgment should not be entered against him. Federal Rules of Civil Procedure 4 (b)." Thus a Notice to Appear is a civil procedure. No where on the instant "Notice to Appear" does the "People of the State of California" appear, which would indicate a public offense. California Government Code 100 reads: "Sovereignty in people; Writs and processes (a) The sovereignty of the state resides in the people thereof, and all writs and processes shall issue in their name. (b) The style of all process shall be "The People of the State of California," and all prosecutions shall be conducted in their name and by their authority." II. A VERIFIED "COMPLAINT" MUST STATE WHETHER IT IS CIVIL OR CRIMINAL AND, IF CRIMINAL, MUST BE PROSECUTED IN THE NAME OF THE PEOPLE OF THE STATE OF CALIFORNIA Only a verified complaint, listing the action and parties involved, can clarify: a. Whether this is a criminal or civil action. b. The name of the plaintiff in this action. c. The nature of the proceeding. Amendment VI of the United States Constitution states: "In all criminal prosecutions, the accused shall enjoy the right . . . , to be informed of the nature and cause of the accusation . . ." In addition, California Penal Code 684 reads: "A criminal action is prosecuted in the name of the people of the State of California, as a party, against the person charged with the offense." (Emphasis added)

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III. A "NOTICE TO APPEAR" IS NOT A VERIFIED COMPLAINT The Notice to Appear is not verified; the accused has the right to ask that a verified complaint be filed. The signing of a notice by the a forenamed officer under penalty of perjury that the offense occurred does not constitute a "verified Notice to Appear" to be used as a verified complaint. Black's Law Dictionary,(6th) edition, defines verify (verified): "Verify. To confirm or substantiate by oath or affidavit. Particularly used of making formal oath to accounts, petitions, pleadings, and other papers. The word "verified," when used in a statute, ordinarily imports a verify attested by the sanctity of an oath. It is frequently used interchangeably with "sworn"." California Code of Civil Procedure 2009 states: "An affidavit may be used to verify a pleading or a paper in a special proceeding, to prove the service of a summons, notice, or other paper in an action of special proceeding, to obtain a provisional remedy, the examination of a witness, or a stay of proceedings, and in uncontested proceedings to establish a record of birth, or upon a motion, and in any other case expressly permitted by statute." The wording of California Vehicle Code 40513(b) states: "If the notice to appear is not verified, the defendant may at the time of arraignment, request that a verified complaint be filed." (Emphasis added) The wording of California Penal Code 853.9, is very specific and states: "If, however, the defendant violates his or her promise to appear in court, or does not deposit lawful bail, or pleads other than "guilty" or "nolo contendere" to the offense charged, a complaint shall be filed which shall conform to the provisions of this code and which shall be deemed to be an original complaint; and thereafter proceedings shall be had as provided by law, except that a defendant may, by an agreement in writing, subscribed by him or her and filed with the court, waive the filing of a verified complaint and elect that the prosecution may proceed upon a written notice to appear. This comes after the notice to appear is established as a complaint to which the accused may enter a plea to." To use the Notice to Appear as a complaint it must have the same qualifications as a verified complaint: "Verification. Confirmation of correctness, truth or authenticity, by affidavit, oath or deposition . . . For example, a verified complaint typically has an attached affidavit of plaintiff to the effect that the complaint is true." (ibid, Black's Law Dictionary 6th Edition) The certified notice to appear with the officers's "signature" under penalty of law constitutes only certification, and only "certifies" to what was written on the notice to appear at the time it was written: "Certificate. A written assurance, or official representation that some act has or has not been done, or some event occurred, or some legal formality has been complied with. A 'certificate' by a public officer is a statement written and signed, but not necessarily sworn to, which is by law made evidence of the truth of the facts stated for all or for certain purposes." (Blacks Law Dictionary 6th Edition) Verified Complaint Legal Information Resources

IV. THE NOTICE TO APPEAR CANNOT BE USED AS A COMPLAINT AS IT IS A VIOLATION OF THE ACCUSED'S RIGHT AGAINST SELF_INCRIMINATION ". . . Nor shall [any person] be compelled in any criminal case to be a witness against himself. . ." (Amendment V, United States Constitution)

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