Posted by Patrick Henry on March 02, 1998 at 18:33:07:
In Reply to: Re: State Sales Tax/Two Cities posted by B Morris on March 02, 1998 at 13:16:59:
Now.
If you permit arraignment to occur, you don't have
much chance to win except as a result of good solid
"code pleading" in the circumstance where the
statute is being mis-applied, insufficient evidence,
etc.
If venue isn't fully challenged NOW, prior to the
arraignment attempt, you lose the venue argument.
Jurisdiction can, and should, be challenged at this
time also, although subject matter jurisdiction can
be challenged at any time--that defect cannot be
waived.
While I don't agree with them on much of anything,
I've heard that the BEHOLD! Bill of Particulars material
is being quite successful in keeping arraignments
from occurring, and getting charges dropped. Worth
checking out.
Also, you should have received an e-mail address
(not for general publication) of a trust expert
who has had experience in assisting pure trust
clients fight criminal charges. Follow up on that
also.