In criminal court proceedings, when a defendant representing themselves (propria persona) refuses to enter a plea at their first appearance, the judge has the authority to enter a not guilty plea on the defendant's behalf to ensure the case proceeds to a motions hearing or trial, as demonstrated when Judge Destiny entered a not guilty plea for defendant Matthew Schrader who declined to plead to vehicle-related charges.
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Sovereign Citizen Claims Propria Persona ... But Judge Doesn’t WaitAdded:
Today we're watching a defendant represent himself while facing vehicle-related charges. The judge explains the allegations and possible penalties, but when it's time to enter a plea, the defendant takes the conversation in a completely different direction.
>> We will now take up Matthew Schrader on the record now in 2025 TR1342.
State of Kansas versus Matthew Kyle Schrader.
Jared Regier for the state. Mr. Schrader, do you appear?
>> I'm here and for proper summons to address appearing specially not generally and I reserve all my rights, remedies, and objections.
>> All right.
So I find the defendant does appear personally and Mr. Regier, his charges and penalties, please.
>> Your honor, pursuant to the information filed with the court on June 13th of this year, this is case that appears to involve two charges. Count one, failure to register vehicle, a class five non-person misdemeanor. Count two, no proof of insurance, a class B non-person misdemeanor.
>> And you said these were allegedly committed when, which date according to the document that >> Your honor, the um charging language in counts one and two appear to allege occurrence dates on May 21st of this year.
>> And location within Butler County?
>> That appears accurate, Your Honor.
>> Okay.
All right, Mr. Schrader, can you still hear me okay?
>> Yes, I can.
>> All right, I'm having some issues here as you can see.
In count one, failure to register a vehicle is an unclassified misdemeanor.
It carries its own special penalties of a fine up to $2,500 and a potential sentence of 30 days up to 6 months.
Although probation is an option and time to pay is an option.
And no proof of insurance is a B misdemeanor.
That carries a fine of at least $300 up to a thousand and a possible jail sentence up to 6 months.
Now, you do have the right to hire an attorney. If you cannot afford to hire an attorney, you can apply and see if you qualify for court-appointed. Because there is the potential for 6 months jail, you might you would most likely be appointed an attorney if you qualify for court-appointed and cannot afford to pay on your own.
On the issue of attorney, do you intend to hire an attorney, apply for court-appointed, or waive your right to attorney and represent yourself, sir?
>> I will waive my right and present myself.
>> All right. Is anyone making you waive your right to an attorney today by any threats or promises?
>> No.
>> Or any other reason?
>> No.
>> All right. And you do understand for the record that you do have the right to hire or apply for court-appointed if you cannot afford to hire.
Do you understand that?
>> Yes, I'm aware of that.
>> All right. I will have the record reflect then that you are knowingly and voluntarily waving your right to an attorney. You're also exercising your right to represent yourself. I'll have the record reflect that in the docket notes and the journal entry.
Now then, let's go through these car charges. Count one, fail to register a vehicle. How do you wish to plead to that? You can plead guilty and we would that admits it and we would proceed to sentencing.
You could plead not guilty, denying the charge, and we would set it for trial a later date.
Or the third choice, no contest, means you don't want to admit these charges, but you don't want to admit them, but you don't want to go to trial, either. So, you're you'd be uh pleading no contest. We'd still find you guilty without trial and proceed to sentencing today.
Another might be uh It's not a plea, but another option might be diversion.
The county attorney would offer you diversion if you qualified. You'd have to go online, as I've said several times today to others.
You'd have to apply and see if you qualify. They'd send you a response within the next couple of weeks in the US mail.
If you agreed to the diversion terms, you would sign the contract and send it back. And if you did everything you were agreeing to, they would dismiss the charge or charges against you. Charges if they're both diverted, so But, do you want to divert or apply for diversion? I'm not going to say you'd get it. I don't know your history, and that would come into play.
But, how do you want to proceed on the issue of diversion or plea?
>> Okay. So, before we get to that, um on the record, there I have recently served a subpoena to the sheriff's office for records relevant for my to my defense, and the sheriff's office has filed a motion to quash that that subpoena. So, today I'm respectfully asking the court to schedule a motions hearing, so that we can resolve the sheriff's office office's motion to quash, and that I be allowed the opportunity to proceed negotiations.
>> All right. You have filed a written motion for subpoena of what documents from the Butler County Sheriff?
>> Can I address this, Tegan?
>> Of what?
>> Um there is several many items on there, and uh >> So, you don't know what you've asked them to to bring to court?
>> Yeah, I have. I do. I don't have it in front of me, but it's a lot of the typical things like body cam, dash camera footage.
>> All right. And they've filed a >> to a response to quash at least part of what you requested.
>> Yeah.
>> All right, and uh Destiny, do you have both his motion and the response in on the file there in front of you?
>> I show the subpoena, your honor, um and then I show the the >> motion >> Sheriff's Office motion to quash.
>> Okay. All right, well, we will set those for hearing if necessary, but how do you want to plead on these charges before we get to that?
>> Well, I feel like it wouldn't be appropriate to plead until I'm get the evidence and able to be informed to enough to make an appropriate plea.
>> All right, so you're telling me you don't want to plead not guilty today, you don't want to plead anything today.
Is that what you're saying?
>> Right.
>> Well, you understand this is the hearing when that happens. We enter the plea at first appearance.
That determines what what happens from there.
But if you're refusing to enter a plea and based on what you've told me, I am going to enter a not guilty plea on your behalf, and we can set this for motions hearing prior to a trial date.
So, how much time, sir, do you think this motion hearing is going to last? Well, I don't know how much time to reserve on my docket.
>> Are you asking me?
>> I'm asking you, sir.
>> Uh how much time I need?
>> Um no, I mean how much time the whole hearing will you anticipate will be?
>> 20 to 30 minutes.
>> All right. Uh let's be safe. Uh Mr. Ragir, have you seen these documents he's referring to?
>> I have, your honor, and what I would tell the court is it would appear that on or about the same time that the written objection to defendant's subpoena the speaker in motion to quash was filed with the court, an entry of appearance was also filed with the court by Mr. Terrance Hillskamp, the public defender counselor.
>> And Mr. Hillskamp entered on behalf of the sheriff's office, apparently.
Did he file the response?
>> That would that would appear accurate, your honor, based off of the information in this before the state.
>> All right, so it sounds like he'll be the one that will be responding to that rather than you, perhaps, just to that limited issue, or do you know?
>> The the the response the written response in motion to quash does appear to be filed by Mr. Hillskamp, your honor.
>> All right, let's set a motion hearing on a Wednesday afternoon.
Destiny, what do you have available?
Somewhere within the I would say maybe an hour at the most.
And I know that's a lot on the docket because we have so many other things going on, but >> And you do want it on an afternoon, your honor?
>> Yes, I think so.
>> We can put it on with the the bench trial docket and still label it as the motion, and we can block off the rest of that day.
>> I'm sorry, I talked about November what?
>> Nope, you're okay, your honor. November 12th at 1:30.
>> All right, well, that all sounds good.
Okay, I'm ordering defendant to reappear for motion hearing on the bench trial docket, November 12th at 1:30. That will be by Zoom.
And I trust counsel for the state will, of course, let all of their attorneys know that need to be here.
All right, so that's where we are, and then if we decide we need a trial date, I'll set it at that time, Mr. Schrader, do you understand that?
>> Yep, sounds good to me.
>> All right, if there's nothing further, let's >> Your Honor, there are there are multiple matters still to address.
>> Go ahead, please.
>> Your Honor, as given the the statements made on the record today, the state is requesting a ruling by the court as to whether or not this motion hearing is being set requested and this matter is being set over by the defense.
>> Speedy trial time does count towards the defense that he is asking for this motion hearing to be set and that it that be done before trial.
And because he did not enter a plea today, I had to enter one for him.
So, I will definitely count the time against the defendant.
>> Thank you, Your Honor. Um secondly, this is a defendant who seemingly appears pursuant to the summons, so it would appear that the issue of booking as required by statute, specifically pursuant to KSA 21-2501 section B, is outstanding. The state does have certain special recommendations concerning bond in this case. While the state is not opposed to the court ordering a own recognizance bond, um given that the defendant has seemingly appeared pursuant to a summons, the state, in light of statements made on the record, is requesting a higher bond in this case, at the very least $3,000.
>> Anything you want to say about your bond, Mr. Schrader, before I declare it?
>> I object to that since I I appeared here as a I was supposed to. I >> All right. Uh at this time, bond is set.
You said how much, Mr. Regier, based on that?
>> $3,000 was the state's recommendation, Your Honor.
>> I will adopt that recommendation.
Mr. Schrader, you are ordered to appear at the time given by the officers for booking and processing.
Your bond will be set at a $3,000 That means you don't have to put up any money unless you fail to come to court at a later date, but if you fail to come to court, you may be determined to owe $3,000 to the state of Kansas on your bond.
So, look for the breakout room that says it'll come up on your screen invitation to breakout room and you'll go in with deputy and court security, too, and set up a date and time. Now, if you fail to follow that order and show up at the date and the time the officer gives you and post the $3,000 bond, then I very well may have to issue warrants for you, but right now, because you did appear when you were told, I'm going to make it OR, meaning you don't have to put the money up front.
You understand that or have any questions about that, Mr. Schrader?
>> Uh I think I understand it.
>> All right, well, look for that invitation on the breakout screen and Destiny, if you'll put that on Schrader before the officer and court security, too.
>> Uh what time So, it's November 12th?
>> The motions hearing is November 12th at 1:30, correct?
>> 1:30.
Okay.
>> All right.
So, please accept that breakout room, Deputy. Are you available for that?
>> I am.
>> All right, thank you. So, Destiny, if you'll just put the two of them in a breakout room.
>> Now comes the surprise. Just as the hearing appears to be ending, the prosecutor raises new issues involving bond and court requirements. The judge agrees with the state's recommendation and sets a $3,000 bond. If you enjoyed this video, please like, subscribe, and we'll see you in the next one.
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