Ok here is the deal. I got busted back in November I guess for driving without a license. I'm due back in court Tuesday. This is my eleventh time by my count. I want to beat this and I have in the past. In the past I have used driving as a right defense. I may use that defense at a later point but not now. My focus right now is that they violated my right to a speedy trial. You see one of the clerks told me to sign this paper signing away my right to a speedy trial. They also said if I didn't I wouldn't be able to get a public defender. Not that I want a public defender. I have already filed a motion to have the case dismissed on speedy trial grounds. The judge at my pre trial conference last week said that he rejected the motion because of the waiver I signed. Anyway here is my potential strategy. I am thinking about appealing his decision. I also wonder if he was supposed to give me some kind of ruling in writing and if he potentially violated some kind of rule by not doing that. I assume he didn't issue a written ruling as I have not received one. Anyway would I have some kind of case if he didn't issue an official ruling in writing. That is one thing. Anyway I appeal the case to drag it out (cost them more money and time). Then I am thinking of also going to federal court and filing a motion (formus pauper of course). The motion would be that the municipal court violated my right to a speedy trial. I am not sure if I will take this path or if I should. Because if I do I will go to an all out war phase subpoenaing records of everyone for the last month that had signed a similar waiver to get them to back me up that they tell you to sign these waivers. Also isn't the fact that some clerk tells you to sign a waiver some kind of legal advice? They aren't supposed to give legal advice are they? If I go to all out war and I lose the penalty will likely be worse.
So I am not sure what to do and just thinking about some stuff.
I could also file a motion that I filed before that is a cut and paste that is about 30 pages on driving and that it is a right. I want to use that as a last resort though.
So are their any Lawyers out there. Or people who can offer some suggestions. Or even type up some motions that I can cut and paste.
Thanks