T/F Tuesday Answer: FALSE! US Constitution Article IV Section 4 guarantees us a REPUBLICAN form of government, where we elect government representatives, but We The People retain ultimate control and authority. #ConstitutionMatters

T/F Tuesday Answer: FALSE! While there are many types of “audits”, usually audits are designed to look at an overall picture for a year with a limited percentage of transactions being reviewed.  An audit can be an in-depth look at one particular item or area within an accounting over a short period of time.  MAR or Municipal Accounting Review is to look and understand EVERY transaction that takes place within an entity’s bank account for several years, both money in and money out. #ConstitutionMatters

T/F Tuesday Answer: FALSE! Most issues are not appealable if you don’t raise them properly in the trial court, and many judges (unfortunately) don’t adhere to the law. So, while you should hope for the best, you should prepare for the likelihood of needing to appeal. Bottom line? Raise all of your legal arguments in writing or on the record to preserve them for possible appeal.

T/F Tuesday Answer: FALSE! You may NOT be lawfully excluded from property open to the public through the use of trespass laws. The “First Amendment does not guarantee access to property simply because it is owned or controlled by the government,” but it does “protect[] a right of access to places traditionally open to the public.” Thus, you CANNOT be denied access to property open to the public, unless you are 1) obstructing normal operations or 2) interfering with others’ rights of normal use of the property. If you do that, you can be charged with Disturbing the Peace, etc., but you CANNOT be excluded from property open to the public “through the use of [] trespass laws.” US Supreme Court (1968 & 1981).

T/F Tuesday Answer: TRUE! Although FR Crim Pro 10(a) requires the charges to be read to you AT the arraignment (not before), Due Process (5th & 14th Am) requires the govt to give you adequate Notice & Opportunity to be heard, which means the charges must be included in the Notice to Appear for Arraignment. Additionally, the 6th Am guarantees you the right to be informed of the nature and cause of the accusation against you. #ConstitutionMatters

T/F Tuesday Answer: FALSE! Although testimony is a given at Evidentiary hearings, most Motion hearings do not have testimony or evidence presented, rather, just legal argument from each side.

T/F Tues Answer: TRUE! Court Rules require you to address each numbered paragraph of your opponent’s Motion, and any you don’t specifically deny will be treated as ADMITTED by you! So, even if you think it’s obvious that you deny an allegation, make sure you put that denial in writing! And for you “court rules are not laws” folks, this rule makes sense, so everyone can be on the same page about which issues are actually in dispute.

T/F Tues Answer: TRUE! While some motions are only available in civil OR criminal cases, pretrial Motions to Dismiss, in Limine, to Compel, to Quash Subpoena, & for More Definite Statement are common in civil AND criminal cases. They are also available in State AND Federal cases.

T/F Tuesday Answer: TRUE! If by the plain reading of a court rule, it seems to apply to your case, you can’t just take a court staff member’s word for it that it doesn’t apply in your case. Ask them to explain where in the court rules or laws it says that rule doesn’t apply to your case. See written confirmation before relying on it. The last thing you want to do is lose your case because of a procedural misstep.

T/F Tuesday Answer: FALSE! Even if you have a simple case, don’t pass over all the other laws. Thoroughly examine all of the other chapters in your state statutes to make sure you are not missing any that could greatly impact your case. As tedious and overwhelming as it may seem, it’s worth doing to ensure you are protecting your rights properly.