COURT SURVIVAL GUIDE
- This Survival Guide is offered as educational material only, and is by no means complete nor all-inclusive. There is a wealth of information here which can be applied to any case where a government agency is bringing a criminal action against a Citizen, such as traffic and IRS cases, the information in total may or may not apply to you. And there will always be more details and knowledge which applies to your case, and you are obliged to collect as much information as there exists for your purposes, from all sources. There are just too many parameters in the legal process, to adequately cover all possible scenarios for a given situation, in one manual. Hence, this guide is general at best, and cannot be expected or be held to suffice as ‘legal advice’ at the level expected from ‘licensed’ attorneys. The main advantage here, however, is that the guide tends to illuminate much of what the judges and attorneys do not want you to know. You can cut right to the chase, if you want, and eliminate considerable time and confusion to win your case.
- If you have successfully followed the guidelines in the Vehicle Survival Kit and/or the Citation Refusal Kit, you may not need a Court Survival Kit, by virtue of not having to appear in court on some phony traffic charge.
- There is a lot to this guide, because each case is different; however you may focus on the easy and quick method which requires only 1 court appearance. The rest of the guide covers other cases that have somehow slipped thru the cracks.
- We get a lot of calls from people who first get themselves into a traffic court, and then decide to find out about Sovereignty (i.e. the cart before the horse). So we have published this guide to offer help with these cases as well.
- The fact that you have obtained this guide, suggests that something has gone awry in your path of Sovereignty. Either you have not been able or allowed to follow the procedures which keep you out of court, such as found in the Vehicle Survival Kit (VSK) or the Citation Refusal Kit (CRK), or someone you know has managed to get into a jam before establishing your Sovereignty. This guide addresses cases such as these, to help empower the People who are coming from an obviously disadvantaged legal position, as there is no completely fool-proof technique to always beat the system. So here we are attempting to improve the odds considerably.
- The purpose of the Court Survival Kit is to help you effectively handle any court confrontation in which you risk losing more of your rights, money, freedom, and/or property. It is assumed that you are somehow obliged to appear in court for something, and you want to protect whatever rights you have left. This guide contains techniques that can help in any traffic case, tax/IRS case, or any case brought against you by a government agency.
- Although much of the information herein may also help in cases where you are the plaintiff/prosecutor who has filed a Common Law Suit against a public official, this guide is instead written from the perspective of defending yourself against a prosecutor who is going after you, because of charges that you know are inherently fraudulent.
- If you really want to minimize your total risk, and be done with your case ASAP, then you might consider just acting sorry and poor, and plead guilty to the charges This is what the court expects, and this is what it is designed for. The only problem is that you will be obliged to reintegrate yourself back into the oppressive system of traffic slave laws that put you in court to begin with; you will be expected or perhaps even ordered to abide by the rules of the system. You will lose the game by not standing up for your rights, but you will have minimized your immediate cost, financial and emotional. So, in this guide, we assume that you want to WIN your case. If you haven’t much to lose, then you have an advantage over the court, which has much more to lose than you do.
- Keep your Court Survival Guide in a safe place where you can easily get to it when you need it. Maintaining a complete kit is vital for showing up in court as fully prepared as you can possibly be. This Survival Guide is intentionally written as briefly as possible so that you can easily access and use it. Knowledge of the Truth is a great tool here, but the more skillfully you can apply it in court, the more empowered you will be, in any case that challenges your freedom. Remember, this is a situation in which the knowledge alone is not enough. You must also be able to perceive things as they are happening, and to think on your feet, so that you will instantly know what options are yours to use, when you have the opportunity.
- MOST IMPORTANT: Mere knowledge of these techniques and Truths will not be enough. Just by mentioning such things in court will not, of itself, help you win your case. A piece of paper is not by itself an automatic shield. You cannot depend on the court to police and correct itself. It is up to us, We the People to detect and demand correction to the court’s errors and fraud. You must be able to think on your feet and stay on top of each argument as it comes down, so that you can logically steer the judge into a corner. You will be going head-to-head with judges who are very slippery, or who may be ignorant as to the real law, and how fraudulent their system of ‘justice’ is; you will have to do your homework.
MAINTAINING COMPLETE INVENTORY
Your Complete Court Survival Kit consists of:
- THE FLAG – (you provide) A small U.S, Flag on a stand (BUT NO GOLD FRINGE). This is your basic proof and exercise of your status and rights in court. You would bring it with you and set it on each table or bench where you stand, whenever you are going to directly challenge jurisdiction.
- YOUR PERSONAL LICENSED COURT RECORDER – (highly recommended) You must
make sure that all of the court conversations are recorded without risk of being erased by the judge, so that the evidence which floats to the surface, can never be denied. Bring your own rather then rely upon the court to preserve the Truth. If this is not possible, make sure you bring people.
- LEGAL COUNSELOR(S) – (not licensed attorneys) These are your personal helpers or counselors to sit behind you in the courtroom, to help you stay aware of and record what’s happening and your options, while you are dealing with your emotions. More is better.
- True copy or Original Paperwork – All legal documents or evidence you can find, which relate to your case status, tickets, receipts, depositions, invoices, notices, letters, warrants, names, dates, places, etc.
- Copies of All Relevant Laws that apply to your case — Photocopies of the statutes, codes, laws, and Constitutions, which back your position and defense.
- COURT SURVIVAL GUIDE (provided by F.R.P. )
- Pen and paper.
- Pocket tape recorder- For your own protection and cost savings, to be concealed, and not to be used as ‘admissible evidence’. Use this as a backup for your own licensed court recorder.
REPRESENTING YOURSELF AS A SOVEREIGN CITIZEN[Website note: In Bill Turner’s videos, he says do not re-present yourself, as this means thou is re-presenting oneself as the fiction all caps name.]
You should represent yourself always ‘in propria persona’ (in your own person, or ‘pro per’). This alone qualifies you as ‘an attorney in fact’, according to Black’s Law Dictionary. By asserting your Sovereign Right to represent yourself in legal matters, you are establishing your status as your own attorney, without being misled, trapped, and overcharged by a ‘licensed’ defense attorney, who would only bind you into the very system which is dedicated to making you pay. Do not hire a licensed attorney if you intend to keep your rights and your money. There is no law which requires anyone to hire an attorney. If anyone tries to intimidate you or deny your rights by asking you if you are an attorney, you can always reply “In fact, I am”. Bring your flag with you wherever you appear in court, to show your Sovereignty. By representing yourself, you are free to expose any of the many fraudulent deceptions and procedures being used against you.
The court can assign a public defender to you, if you want to just pay some money and get out. But remember, the public defender is just an officer of the court, trained to only reduce the fines in exchange for pleading guilty. If you do this, you will not be allowed to expose the corruption, you will lose your case and your money, and you will have a conviction record.
So in order to effectively represent yourself and your interests, your ‘mission’ is to proceed ‘in propria persona’ (or ‘pro per’). This is what you must sign on every court document next to your name. This means that you are not only the legal counsel representing the defense, but you are also the accused whom you are representing, in person. Do not represent yourself any other way .This also means that the judge cannot lawfully hold you responsible for conducting yourself or your case, as a licensed attorney, nor can he/she force you to hire one. You are free to proceed as you see fit, as a sovereign citizen. Your legal counselors are just that, counselors. And there is no law preventing your friends from consulting with you during any court proceeding.
Some judges and prosecutors will expect you to proceed ‘pro se’, another method of representing yourself. Do not let this happen, because ‘pro se’ means that you are legally representing yourself as your own attorney, which the court can then pervert to mean that you can be told by the court how to proceed with your case, and the Judge may try to impose the same standards upon you, as are imposed on a licensed attorney. The court would be allowed to treat you, as your own attorney, differently than it would treat you, as the accused. So don’t let this happen. You will know when to declare your pro per status.
USING LEGAL COUNSELORS
This is the single most helpful element of your survival in court. Some people have a natural ability as legal eagles, to know the laws and court procedures cold, and to argue law logic with the best of them, and eventually win their case. Such people are born fighters and can masterfully find their opponents’ weak spots, and outwit them, many times by pure attrition. If you are one of this rare breed, you probably don’t need any legal counselors with you in court. More power to you, and heaven help the lawyers that get in your way.
However, most of us regular folks have made it a point not to get involved with the legal details, not to learn any court procedure, and to avoid anything to do with the legal system altogether. Let’s face it, most of us have gladly left the boring and/or offensive drudgery to the lawyers, just to stay out of court. So, it makes a lot of sense to keep the company of legal counselors, and to have them around you in your time of need. It really pays to have extra opinions and to be made aware of options when you need them.
The fact is, the courtroom environment is naturally oppressive, intimidating, and humbling AT BEST. And most people are sensitive to such an environment, to the point of dealing with more emotions than they need at the moment. So the purpose of your counselors, who are worth their weight in gold, is to keep the logical thinking process going, and to keep you aware of your legal options, while you are conducting your defense immersed in your own emotions. Although your own judgment may become occasionally cloudy or confused, your counselors’ will be maintaining a much clearer understanding of the facts, the law, your rights; and they will be carefully watching the judge and prosecutor for signs and indicators. You will be able to pause the case, at any time to confer with your counselors.
THE BASIC STRATEGY IN COURT APPEARANCES
We always try to use the best, most effective, and direct strategy, up front at the 1st court appearance, so that the case is dismissed (i.e. we win), and we never have to go back. So the balance of this court survival guide applies only to other cases that have slipped thru the cracks.
You guessed it. It’s another game; no more, no less. Very much like poker. The stakes are essentially your Freedom, Money, and Property vs. the court’s false Authority and Power over you (for lack of a better expression). Much of your power comes from invoking your Common Law rights. And since all have received sealed orders from the U.S. Attorney General, to change over to Article III Common Law jurisdiction, you may soon not need to work so hard to retain your rights.
OBJECT OF THE GAME: To get out of the court system as soon as possible, by getting the case dismissed or thrown out; and the system is rife with glaring opportunities for doing so. The longer you stay in the court system, the longer you are at risk, and the more money you will lose.
The judge’s OBJECT is to convict you quickly and collect your money, while maintaining the illusion of Authority and Power over you. The prosecutor’s OBJECT is to prove the conviction that you are guilty, at any cost (even lying), and make an psychological example of you to intimidate others.
THE PLAYERS: You, the Judge, the Prosecutor, the Jury (if any), the Officer, the other Witnesses (if any), and your Counselor(s). The Judge and the Prosecutor are both experienced players, and extremely slippery. Neither can be trusted to tell the Truth, and they will most assuredly give the impression that their words are absolute Truth and Law. In addition, you can depend on the prosecutor to be unfair, devious, fraudulent, and conniving in his/her efforts to win the game. Lawyers, in general, have absolutely no respect for the real law. They consider themselves smarter than the People, using their private exclusive membership in the Bar Association to manipulate court procedures, in order to steal money from others. Just look in the phone book and see the disproportionate number of people in this profession vs. the other professions in your area.
THE PLAYING FIELD: You are in a rigged game; you are the visitor, and playing without the home field advantage. You can forget about Truth and Justice, as these have been eliminated. The only way you will win is by embarrassing the court. This is a ‘cash register’ court, with absolutely no vested interest in proving your innocence. They just want your money, and your obedience to the rules which take your money. The deck is already stacked against you, just by your showing up and being there. You are already convicted and presumed to be GUILTY. You have already been treated as GUILTY by the arresting officer, and you have proven your GUILT by signing the ticket. The judge and prosecutor are both playing together against you. They have both taken a secret oath to work as agents for the foreign banks, in their efforts to maintain control over you and your money. The game, as a minimum, will be interesting, challenging, and educational.
PLAYING THE GAME: There are many strategies, tricks, maneuvers, and legal points to ‘argue’ about, that are good to know. Currently, we would go for the best strategy at the first appearance, getting a quick dismissal, and avoid having to fall back on the rest of them And how you play the game will affect how your opponents play, and vice versa. Since their jurisdiction over you is conveniently implied by your unspoken consent, it must be challenged right up front, so that you will be able to stand on the Constitution, and maximize your chances of early Dismissal. Otherwise very few of your other strategies will work well. Not all of the factors will come into play in every court appearance, especially in the initial stages of your case, some of these rules apply to some hearings, and some will apply to others, as you will see; but here are some basics that you really should understand for any such appearance.
- RIGHTS (which they will try to cheat you out of) These are some of your rights that are good things to know in general, the lower courts do not recognize most of them, since they are not Common Law courts. To argue most of the Constitutional rights, you would need to appeal to a higher or district court. Depending on how far into your case you get, you may wish to address a few of these:
- You have the right to be informed of the nature and cause of the crime (6th Amendment).
- You have the right to specifically reserve any or all of your rights
- You have the right to remain silent (to stand mute) (5th Amendment)
- You have the right to say what you want and to be heard (1st Amendment)
- You have the right to represent yourself ‘pro per’
- You have the right to object to any statement by the judge and/or prosecutor. – You have the right to Recluse (dismiss) the judge
- You have the right to call Witnesses to assist your defense (6th Amendment)
- You have the right to have legal Counsel for your defense (6th Amendment)
- You have the right to conduct your defense ‘pro per’, free from the professional restrictions imposed upon licensed attorneys.
- You have the right to submit Motions
- You have the right to a fair trial
- You have the right to change your Plea any time before trial
- You have the right to Appeal any judicial decision
- You have the right to a speedy and fair trial by an impartial jury (6th Amendment)
- You have the right to waive court and transcript costs, on the basis of pleading ‘in forma pauperis’ (no money)
- You have the right to due process of the law (trial), before you are deprived of any liberty, property, or money (5th Amendment)
- You have the right to a face the inured party claiming damages (Article III and 6th Amendment)
- You have the right to face your accuser and witnesses against you (6th Amendment),
- You have the right to inform the jury of the Truth, their rights, and their duties (1st and 6th Amendments)
- You have the right to put the judge on notice of your intent to preserve your rights
- You have the right to put the judge on notice of your intent to Appeal any ruling or decision during the case
- You have the right to Protest and Object if any of your rights or demands are not being met
- You have the right to demand that the court place in evidence, any unrevealed contract, statute, law, rule, or information being used against you (6th Amendment)
- You have the right to challenge all relevant laws in this trial in terms of their intent, interpretation, fairness, enforcement, and whether they Serve and Protect the People of your State
- You have the right to personal liberty under the 13th Amendment
- You have the right to challenge the jurisdiction of this court
- You have the right to argument of recourse and remedy, under UCC 1-103 & UCC 1-203
- You have the right to demand that the code be construed in Harmony with the Common Law.
- You have the right to require translation of any citation of law or procedure into plain English
As you can see, there are a lot of details and procedure to learn. So if you are not planning to take on this level of preparation, or if you simply want to minimize your exposure to the court system, then we would suggest using the strategy mentioned herein that stands on the 6th Amendment and backs the judge into a corner. And for whatever portions of this guide you find useful, you would do well to learn those areas of choice, front wards and backwards, so that you cannot be out maneuvered.
Here are a few general psychological tips:
- You are Mr. Nice Guy, always polite, diplomatic, and courteous. If you lose your temper or clean language, you lose the case. You are a very smart sheep going into wolf territory.
- You can say anything you want in court, under the 1st Amendment. But the more you say, the more you risk. Better to ask questions. And whenever a judge hears something from you that blatantly challenges or threatens his/her position as a judge, you risk the ‘contempt of court’ charge.
- The judge and prosecutor are working together against you. You will see how they cover each other’s butt. The Judge is supposed to be just a referee. Sometimes you can catch the prosecutor coaching the judge along and trying to control the judge’s answers.
- Whenever the judge or prosecutor is overly polite to you, it means that they want something from you very much. Beware. They are probably wanting you to agree to or say something that gives away more of your rights. A dead giveaway is when the prosecutor proposes a motion and speaks very fast so that you cannot understand.
- The judge will always try to make you believe that you only have the options that he/she is presenting to you. Do not trust for 1 millisecond that the judge is telling the Truth or quoting the real Law. You know better.
- The judge and prosecutor both know that, although the hearings are taped, only the transcribed written record is admissible as evidence in a later hearing You can suspect they will try to get you to believe something or communicate some lie or manipulation that will not appear on the written transcript (Oh, they are just so clever).
- The judge is conditioned to hear grossly distorted versions of reality, from opposing viewpoints from the attorneys (liars); who in turn expect the judge to rule in their favor, by making the other attorney appear to be a bigger liar.
- Exaggerations, false premises, and false conclusions are the primary tools of the prosecutor. And they will both interrupt you while you are talking. Learn to object immediately and limit their abuse.
- If the judge determines you to be a fighting loudmouth patriot radical, with a bone to pick, he/she will probably make things more difficult for you. You will not be allowed to make very many (if any) Constitutional claims or arguments.
- Know the psychology. If you let the prosecutor walk all over you, the judge will assume that you don’t know very much. They will both take advantage of any weakness you show.
- The judge will be watching and listening to you, to see how much you know about your rights, and the law. This tells him/her just how much they can get away with in court. The less they think you know, the more they will let their guard down, and the more fraud they will attempt to perpetuate.
- The judge and prosecutor are very slick in their technique. They will both be playing according to what they think you know. If you impress them as being very knowledgeable as your own defense counsel, they will tend to be very careful not to expose themselves on the record. They’ve been pulling this stuff off for over 150 years, in their ‘refined’ and corrupted system.
- The judge and prosecutor must, by definition, violate the Law in order to win the game. They do it all the time, and they are good at it. But they seldom run up against People with your knowledge of the Truth. And there is always a way to expose the violations, as they happen. The trick is to do so without being charged with ‘contempt of court’ (heavy fine$) You will be sliding them into it.
- The judge is very good at avoiding questions when you put him/her on the spot .So you must be even better at steering the judge with your questions, into a corner.
- The judge will try to convince you that you are in some ‘regional court of Statutory jurisdiction’ or other such nonsense. This is entirely false, in this case, the court is operating ‘under color of law’ (i.e. phony), because it is using another name for its obvious Admiralty military jurisdiction (Just look at the gold fringe on the flag). It is also fraudulent because it is operating outside of its geographical Venue, defined as the 10 miles square region of the District of Columbia. The only 3 legal jurisdictions allowed by the Constitution are summarized below with their respective basic properties.
COMMON EQUITY ADMIRALTY
Type of Penalties Criminal Civil Civil/Criminal
Basis of Law, God/Constitution Contract International Contract
Compliance with Law Life/Liberty/Pursuit … Compelled Performance Compelled Performance
Required proof of crime Injured Party Violated Contract Violated International Contract
‘Colorable’ means phony, bogus, and not genuine. Chances are, if your court hasn’t yet converted over to Article III Common Law yet (as per sealed executive orders from the U.S. Attorney General), then it is fraudulently operating as a “STATUTORY COURT OF COMMERCE WITH INTERNATIONAL JURISDICTION”. By holding the court to a legal jurisdiction, you will automatically expose their fraud.
WINNING THE GAME: You win the game by getting a judge or Jury (if it gets that far) to dismiss or throw the case out. There is enough Truth and strategy herein to hang them with your first appearance. But based on your level of skill, preparation, and/or your personal goals, you may need to go all the way to Appeal, in order to win. Some masochistic patriots are eating this stuff up just to get the full courtroom experience. Alternately, if you are the prosecutor going after some public official, you win the game by getting the judge or jury to find the accused GUILTY as charged. This is much harder; and this is why there are Title 42 classes available, so that the People can learn the procedure that the courts do not want anyone else to know about. Thirdly, for a traffic or tax case against you, the judge and prosecutor wins by the judge or jury ruling that you have indeed done something wrong, ie GUILTY as charged.
Once you have decided how to proceed with your strategy, you will be faced with having to adapt and make adjustments as you go, in order to make your plan succeed. How you use your knowledge, perceptions, and skills against the tyranny imposed by the judge and prosecutor, will determine whether you win or lose. And there are as many adaptations for you as there are judges, because of psychology. It will inevitably be a psychological contest between you and the judge.
But as long as you can perceive what the judge’s game plan is from a psychological viewpoint, you will have the upper hand, because the judge’s game depends on your ignorance. Fortunately, the judge can only use a few basic strategies because of the laws of court procedure and his/her duty to follow them. The prosecutor’s strategy can only follow one basic plan “You are guilty, you did this or that, this clearly violates the code, you are guilty, rewind, playback; rewind; playback, etc., etc., ad nauseum.”
So here are a few more general factors and guidelines in preparation for playing your winning strategy:
- MAKE SURE THAT YOU ARE IN A COURT OF RECORD, before you say anything else.
Just ask the judge if the recorder is on. This will put them on notice that you mean business and you will not be hoodwinked.
- IF THEY ASK YOU IF YOU UNDERSTAND, SAY ‘NO’. This is a sure-fire way to control the case, and to employ the best strategy described herein. If you answer YES, you are giving up your 6th Amendment liberties. So just say NO, and use this opportunity to embarrass the judge into admitting more of the Truth, the Law, or the judicial decisions relating to your ‘lack of understanding’.
- ADMIT NOTHING; ASK QUESTIONS. Every question you answer in court, digs you deeper and deeper into the jurisdiction hole. Your answers automatically give your implied consent to the court’s jurisdiction and authority over you. And everything you say is already being used against you. They are trained, just like the officer to get you to admit things that incriminate you. So, it is in your favor to admit nothing, and keep asking questions. This way you will control where the discussion and evidence is going.
- ACT DUMB, PLAY SMART. From the above game rules, you can easily see that it is to your advantage to lull the judge into a comfortable position, so that he/she will more likely expose or admit some ‘mistake’ on the record. So one of the most powerful ways for you to play, is to act dumb at first, and then quietly go for the throat when they slip up, expose themselves, or find themselves stuck in a lie. Most of the examples in the details below are of this strategy.
- SMILE, GIVE THANKS, APOLOGIZE, AND ASK. This is one of the most successful strategies in the initial appearances, consistent with #4 above. It works because the judge will form a favorable opinion about your honesty, innocence, and sincerity, and then grant your request without suspecting anything (see details below).
- BAIT, STEER, AND CORNER. This is the main tactic to use for manipulating the judge into dismissing the case. The idea is to bait the court with questions concerning your ‘confusion’, and then steer the Judge into providing answers which force him/her to make a judicial determination or ruling, which exposes his/her mistake or fraud. It’s like painting the judge into a corner from which there is no legal way out that allows them to continue the case against you. A classic cornering question to ask is “OK now, just so I understand you precisely, has Your Honor made a judicial determination that _____ ?” (You fill in the blank with the only option left, something which clearly incriminates the judge) (Examples below).
7 KNOW YOUR OPTIONS; PAUSE WHENEVER NECESSARY. Always maintain your
awareness, with the help of your counselors, of what your choices are. If you become confused, ask for clarification or time to consult your counselors. You have everything to gain, and nothing to lose. If the judge or prosecutor becomes uneasy in their haste to win, they will tend to make mistakes.
- KNOW YOUR MOTIONS. A motion is a formal request to ‘move’ the court into an agreement or understanding on how to proceed. Know what your ‘menu’ of motions is at each stage of your case. You may even opt to have a Motions Hearing if your case is not dismissed right away. Go to a law library and look up ‘Motions’ in the reference manual, and learn what each is for and when to use it. This will be your most challenging homework assignment. A few of the more useful motions are;
- MOTION TO DISMISS THE CASE (for any of many good reasons)
- MOTION TO DECLARE MISTRIAL (because of obvious error in procedure)
- MOTION TO PROVE JURISDICTION (* dangerous, and uncommon)
- MOTION FOR DISCOVERY (to produce ALL information against you)
- MOTION TO MAKE EVIDENCE (to place missing information in evidence)
- MOTION TO RECUSE THE JUDGE (for obvious bias or prejudice against you)
- MOTION TO FIND THE PROSECUTOR IN CONTEMPT (for contemptible or rude behavior)
- MOTION FOR FACT FINDING (to expose their fraud and the real legal issues)
- MOTION FOR TRIAL BY JURY OF 12 (to let the People decide, and up the costs)
- MOTION TO SUBPEONA WITNESSES (to assist in your defense)
- MOTION TO REFUSE THE JURY FOR CAUSE (because of impartiality or ignorance)
- MOTION FOR CONTINUANCE (to move the case to the next stage)
- MOTION FOR RETRIAL (to re-try the case based on particular court defects)
The Motions to Dismiss and to Declare Mistrial should be the highest priority. And you should find every reason, and every occasion, that there is to use it. Even better is to maneuver the prosecutor to ask for Dismissal, or the judge to simply declare it. Valid reasons are: lack of jurisdiction, unlawfully obtained evidence, failure of the officer to appear, lack of evidence, evidence of extreme bias against the Defense, failure of the court to uphold the Constitution, failure of the court to uphold your Constitutional rights, failure of the court to maintain a fair hearing or trial, and jury tampering (failure to maintain an impartial jury).
- DON’T LET THEM RUSH YOU THROUGH ANYTHING. If they try this, they are up to something crooked. Stop and confer with your counselors to deduce what it is. They can just be in a rush to collect your money, in the process of violating your rights. Try to expose their fraud using strategy #6 above.
- DON’T AGREE TO ANYTHING THAT YOU DON’T UNDERSTAND. This is where they
would quickly take advantage of you So ask for clarification and/or legal consultation with your counselors, for anything that you don’t understand.
- OBJECTION, OBJECTION, OBJECTION this is how you record the court’s unfairness on the court record. If the judge denies your Motion, OBJECT and give your reason. If the prosecutor asks for a Motion, OBJECT and give your reason. If the judge makes any decision or ruling that you disagree with, OBJECT and give your reason. If the prosecutor says anything to violate your case, or the Truth, then OBJECT and give your reason. Regardless of how the case goes, you thus have the evidence on record that validates an Appeal.
- DON’T LET THE JUDGE OR PROSECUTOR GET AWAY WITH INTERRUPTING
YOU. They are just trying to intimidate you into submission and silence. Take exception to their rude behavior. You might use strategy #6 to expose their injustice, and complete what you were saying; e.g. “Has the court made a judicial determination that I am not allowed to defend myself, or that I cannot have Freedom of Speech in this courtroom?” Put them on the spot. If the prosecutor interrupts out of turn, Motion the judge to find him/her in contempt.
- DON’T LET THE PROSECUTOR OR JUDGE GET AWAY WITH RUDE OR
OFFENSIVE BEHAVIOR. These are grounds to dismiss the case for the cause of Bias and or Misconduct. If you let them get away with any offensive behavior, even a demeaning tone of voice, Object and get it on the record as to how it adversely affects your mood and composure. Rub the intimidation right back into their faces.
- KNOW WHEN THE PROSECUTOR OR JUDGE IS ATTEMPTING TO DEPRIVE YOU
OF YOUR RIGHTS. This comes from paying attention to what is happening, and what is being said; this is why you have your counselors sitting behind you. You will get much better at this with practice.
- LEARN TO NULLIFY THE JUDGE’S LAME EXCUSES. You might hear the judge say “Well, I don’t have it (the law or the evidence) here in front of me… “, when you attempt to state legal proof. This is the judge’s childish attempt to ignore the law or the evidence supporting your defense. So take your copy up and put it right under his/her nose, so that there will be no more excuse. The judge may even laugh off your embarrassing question, and call a recess, in a display of false authority, in an attempt to change the subject when the court re-convenes. Don’t let it pass. Keep the issue in his/her face until it is adequately resolved. Do not move on until you get the answers.
- MORE LAME EXCUSES. You might get “I’m sorry, you’ll have to talk to the legislators about that, as I only enforce the law…”, or “You’ll have to talk to a licensed attorney about that, because I can’t give you legal advice…”, or “This is not the proper Forum for addressing that question…”, or “That issue is not relevant to this case… “This is what you will often get when the judge knows that he cannot answer your question without incriminating himself/herself. You must not let them get away without giving an answer or making a legal determination .Some award-winning comebacks are:
“Your Honor, I am not contesting the law as you suggest, I am merely demanding that you interpret it in accordance with your own Oath of Office. And I am asking you to do your job as referee, and to identify the source of the law you are interpreting. Now please answer the question… “
“Your Honor, you and I both know that the legislators and you are all part of the same Legislative Branch, operating provisionally under Article I, Section 8, Clause 17; and there are no legislators here to identify the law and arbitrate a fair case; this is your job, and I am simply asking you to do your job. Now please answer the question… ”
“Your Honor, I am not asking you for legal advice. I have my legal counselors for that. I am simply asking you to kindly identify yourself, the court’s legal jurisdiction, and the nature and cause of the accusation. I am asking you to identify the code of written law which supports your ruling. I am asking you to do your job. Now please answer the question… ”
“Your Honor, if this is not the Forum for addressing this issue, then how can you now legally apply the issue for the first time to this case? If this is not the proper Forum, then I
Motion the court to provide the Forum required to resolve this issue, before we proceed.”
- ALWAYS ASK ‘WHY?’. You may not always get an answer, but you deserve one, especially if your Motion is denied or over-ruled. And your asking will notify the judge that all the ‘linen is likely to be aired out’ in your case. The judge may risk exposing some embarrassing Truth, and choose to dismiss your case.
- CATCH THEM IN THE ACT. This is the most important reason for taking your time, and thinking things through, with a clear head; and with your counselors. Every violation of your rights, every abuse of power, every incidence of Misconduct, every disparaging remark, every subtle threat to your well-being, is an opportunity to record evidence in your favor. Catching them at it, as it happens, can easily get your case thrown out, because they have been getting away with all this fraud for so long, that they will be surprised when they are suddenly challenged on it. Here are a few more tips to keep in mind.
- The Judge is NOT the Prosecutor; If he/she acts like one, this is misconduct.
- The Prosecutor is NOT allowed any more rights in legal procedure than you are
- The burden is on the PROSECUTOR to prove Guilt beyond reasonable doubt.
- Police powers (law enforcement officers, sheriffs) are NOT intended for sources of REVENUE. They are there for the protection of the citizens and their property, PERIOD!
- When a judge prevents the accused from introducing evidence tending to establish a defense, the judge is making a mixed determination of Fact (i. e what happened) and Law (i.e. is it legal?). This is also unfair.
- USE THE SEMANTICS IN YOUR FAVOR. Once you have done your research and homework, you will see that the entire legal system and statutes are rife with ambiguous, deceptive, and contradictory terms and definitions. You can use your knowledge of those terms which apply to your case, in your maneuver and cornering techniques described above. All statements, rulings, and directives issued by the judge are subject to your careful scrutiny, interpretations, and legal implications don’t budge away from it until it is completely resolved to your satisfaction, with a judicial determination, Hang them with it.
- ADDITIONAL USEFUL INFORMATION – Know your rights and Constitution, to empower your confidence and authority (not to argue about).
Declaration of Independence, Par2. Governments derive their JUST powers from the consent of the governed. Without the People’s consent, the law is UNJUST.
Declaration of Independence, Par2. When a government becomes destructive, it is the right of the People to alter it.
Allowable Jurisdictions, given by the U S. Constitution, Article III, Section 2 “The Judicial Power shall extend to all cases … in Law (Common Law), Equity, and Admiralty jurisdictions.”
Also applicable is the general statement made in Article VI, Clause 2, of the U.S. Constitution.
“The Constitution and the laws of the United States (which shall be made in pursuance thereof)… shall be the Supreme Law of the land; and the judges in every state shall be bound thereby any Thing in the Constitution.” i.e. NO LAW PASSED CONTRARY TO
THIS CONSTITUTION SHALL HAVE ANY VALIDITY (If there is a conflict, the State LOSES)
Amendment 1. “Congress shall make no law abridging the Freedom of Speech, the right to peaceful assembly, and the right to petition the Government for a redress of grievances.”
Amendment 8: “Excessive fines and penalties shall not be imposed.”
Amendment 11 “The Judicial power of the united States shall not be construed to extend to any suit in Law or Equity, commenced or prosecuted against one of the States … by citizens or subjects of any foreign state.”
*Note: This means that once you can prove that the prosecutor and/or judge are citizens of a foreign state under title of nobility, the case cannot be prosecuted against you as the State, i. e. a member of the Sovereign Body of We the People. You can show that the court is operating outside of its geographical venue (i. e District of Columbia), and is therefore a foreign state
UCC (Uniform Commercial Code) 1-103.6 commands the court to retain Common Law rights and remedies, and the statutes must then be “construed in harmony with the Common Law”.
“The code is complimentary to the Common Law which remains in force except where (explicitly) displaced by the code.”
THERE IS A LAW (somewhere) stating. the question of JURISDICTION may be raised at any point during the case, even from prison (no data yet).
FACING THE JUDGE AND PROSECUTOR: ATTITUDE CHECK
Continue with your breathing Remind yourself that you are Sovereign, intelligent, wellinformed, courteous, polite, responsible, honest, and free. You are a smart sheep prepared to outwit a corrupted wolf. You are here to help the Court recognize the errors of their ways, but only in the process of your getting out of the system ASAP. You are politely, calmly, but steadfastly standing up for your rights, despite their efforts to strip them away from you.
By your efforts to keep asking questions, you are committed to Truth, Justice, and your sincerity to heal the old system. Try to keep your thoughts and vibrations as positive and well-wishing as possible, but sternly asserting your rights.
You are not here to buy into and react to any Guilt trip or shame or wrong-doing that the nice prosecutor or judge may try to establish. Better for you to raise up the condition of the Court, than for the Court to drag you down to a lower vibration.
It will probably take some practice, before you master this. Not to worry. No one is expected to perform perfectly their first time out. Many patriots and Sovereigns are effectively using the lower traffic courts, for the experience and education, preparing them to win bigger cases in the higher courts. For now, you can thank the court and your information sources for your valuable education, while you get ‘on-the-job experience’.
THE SEQUENCE OF COURT APPEARANCES
Remember, unless you are the prosecutor/plaintiff going after a public official, your first priority is to get the case dismissed (or thrown out) with the fewest court appearances. Ideally, you would like the judge to dismiss your case with your first few questions, such that he/she will never have to see you in court again. There is no reason to personally go through all of the issues and arguments, unless you want the experience. So it is generally best to bail out with your ‘win’ as early as possible.
If you go all the way to Trial, you must be prepared to formally prove your innocence (or disprove your guilt), possibly in front of a jury. If you then lose the case, you will have to go all the way to Appeal, in order to win the game.
Therefore, for the record, the full range of sequences (of appearance) is represented by :
Arraignment (required) Arraignment
Plea Bargain, Hearing (required)
Pre-Trial Conference (required)
Retrial Motions Hearing*
* Half of the appearances are ones which you would initiate yourself, because the court does not want to drag out your case. All the court is interested in is Arraignment, your Plea, Trial, and Sentence. Sometimes, 2 or more of these appearances is combined. The court simply wants your money with the least amount of time and expense on their part.
If you have difficulties asserting your rights and following the guidelines, and/or if the Judge and prosecutor are par1icularly shrewd in manipulating you and your case, then you will probably have to go all the way to Appeal, in order to win your case. Rest assured that the Appeals Hearing is the most difficult to prepare for (cost-wise and paperwork-wise), but certainly not too difficult to handle by yourself with your counselors. Still, it is much better to win right away, and not have to go thru it.
The following descriptions of sequential court appearances contain applications of the General guidelines listed above. We hope you enjoy them. We sure did. Where applicable we have included examples of some of the paperwork you would need to generate on your WP (word processor), PC (personal computer), or other Freedom Machine.
FIRST COURT APPEARANCE: ARRAIGNMENT
This is the most important step to take, and hopefully the only appearance you will need to make. The court is required by its own rules to hold an arraignment. If they conveniently ‘forget’, then you must demand to hold one. If they deprive you of this procedure, and begin prosecution, they have committed a much more serious crime, beyond the scope of this guide.
PURPOSE: This is the initial appearance written on your citation or ‘summons/complaint’ form from the officer. Somehow, you have agreed to appear to answer to the officer’s charges against you. The purpose of the Arraignment is to present the charges and find out how you intend to deal with them; they are testing whether you will stand up for your rights, or act guilty and afraid like most people. The court is set up to make it REAL EASY for you to plead guilty, pay your fines, and then leave in fear and ignorance. However, there are still many ways you can win the game.
WHAT TO EXPECT: During this proceeding, the judge will politely ask you to stand up and identify yourself, and if you recognize your signature on the citation. Then you will be carefully informed of the charges against you, and the judge will attempt to steer your into entering a plea. The judge will also make it a point to find out if you intend to hire an attorney (i.e. if you have money), or if you intend to represent yourself. You will notice that the officer, who cited you, is present; and you will be able to sense their attempt to process you like a head of cattle on the way to the cash register slaughterhouse. They will try to make you believe that you have to do exactly what the judge tells you to do, and that you have no other options. CAREFUL: As soon as you open your mouth to answer their questions, you are allowing them to have jurisdiction over you if you enter a Plea; you will be giving over your formal implied consent that you are under their Jurisdiction.
WHAT TO DO: You have many options at this stage. If you intend to win in court, it is recommended that you challenge jurisdiction right away, because if you don’t, they will deny you another chance. Below are a few strategies that we have learned, some of which you may feel comfortable using, all of which are designed to assert and exercise your legal rights.
STRATEGY 0: HIRE YOUR OWN LlCENSED COURT REPORTER – Use this basic
regardless of, and in addition to, any other strategy you use. Hire your own licensed court reporter, if at all possible. He/she should not be connected with the court you are going into; there must be no risk of record-tampering by the judge. If this is not possible, be sure to bring plenty of friends with tape recorders. There is no law which prohibits bringing your own court reporter or tape recorder. When your case is called, just announce that there is an undoubtedly need to appeal and that you want the record to start NOW; and you insist on using your own court reporter. If the judge tries to weasel out of it, then re-assure the court that your reporter is licensed by the State, and the judge has already established a court of record. There should be no legitimate objection. Shoot down any lame excuses. Make a stand here. There is a good chance that the judge will dismiss the case right here, when he/she realizes that they can’t lie if they need to, and then get away with it by altering the court record.
STRATEGY 1: STAND ON THE 6TH AMENDMENT AND EXPOSE THE TRUTH – This
is by far the most effective and successful strategy we have seen. And it is simple enough for anyone to master; but there are some details that you will have to KNOW COLD. Here, you are using the fact that they can’t reveal their own fraudulent Admiralty jurisdiction. It is their most important secret to protect and keep off the record. Most of them are in fear of losing their licenses and jobs, for they have all been secretly sworn by the Bar never to reveal it in open court. But with this strategy, they have to reveal it, just to proceed with the case against you, because you must have answers to your questions. It is the duty of the court to inform you of the nature and cause of the accusation (6th Amendment), and this is your greatest strength.
When they ask you if you understand the charges against you, you must say: “NO!” You will be standing on your 6th Amendment right to be informed of the ‘nature and cause of the accusation’. Then you will be steering the judge thru a very careful series of questions about the nature, cause, and jurisdiction. You are going to force the judge to expose the court’s fraud in order to proceed with the case against you. The judge will have to dismiss the case. There is simply no other way for them to deal with this strategy, provided you stand your ground. And you are going to be real polite and courteous.
THE SETUP. They have to ask you if you understand the charges. There is no way around it.
They cannot legally proceed against you until you acknowledge the charges (explicitly) and their jurisdiction (implicitly). The 6th Amendment says that you have a right to know, and the
authority to require the court to explain, and the court has the duty to explain. So, by your declaring that YOU DO NOT UNDERSTAND THE CHARGES you will steer the judge (court) into a legal position where he/she must answer all of your questions. Then you will hang the judge up on the questions, using his/her own rules of procedure. This is where the sheep outsmart the wolves.
THE PLAN The following diagram is a ‘picture’ showing a summary of this strategy and several ‘paths of argument’ that it may take. Since every judge is different, and there are some decisions and answers to be made, there are going to be several possible ways for this to go. We suggest you study this plan until it becomes crystal clear, so that you completely understand how it all works. It must make sense to you from all angles, so that you will always be able to out-think the judge. You will be able to see and respond to the fraud in his/her every move, when you are so clear that you don’t even have to stop to think about your own moves. The judge will try to evade your plan by not really answering, or by outright lying. So you must steer him/her back into the plan. Follow and study the logic described below according to the diagram:
STEP 1 – FORCING THE JUDGE TO ANSWER QUESTIONS: When the judge asks if you understand the charges against you, you say “NO!”. The judge will then probably try to intimidate you by explaining them again in a condescending or stern voice, or by implying that you are lying. Here is where you must politely present your need to have answers so that the judge must decide to answer your questions. The judge will have to ask you exactly what it is that you do not understand. No problem. Just reply:
“Your Honor, the 6th Amendment to the united States Constitution grants me the right to know the nature and cause at this action you are bringing against me, and it grants you, the court, the duty to tell me. I do not understand the nature and cause of this action which has been brought against me.” The judge will have to allow you to ask him/her your questions. No exceptions. The judge will probably say: “What is it that you would like to know?”
start here — J: DO YOU UNDERSTAND THE CHARGES?
J: WHAT DON’T YOU UNDERSTAND?
ANNOUNCEMENT 1: “You’re Honor, the 6th Amendment grants me …etc.”
Judge agrees to answer questions
J: OK, WHAT IS IT YOU WOULD LIKE TO KNOW?
QUESTION 1: “Is this a criminal or civil action …?” criminal civil
“LET THE RECORD SHOW … criminal action.” Wrong Court …etc.” DISMISSED
MOTION TO DISMISS
QUESTION 2. “The Constitution grants 2 criminal jurisdictions … etc. Which one is this ?” judge panics! judge stalls judge tells truth judge lies
DISMISSED PLAN A ALTERNATE
PLAN B “LET THE RECORD SHOW
criminal action under
J: GO SEE ATTORNEY “LET THE RECORD SHOW common law jurisdiction …’
action comprising condition of contract under criminal aspects of Admiralty…”
ANNOUNCEMENT 2: “Objection! No evidence, “…oath of office…etc. injured party, or sworn complaint…”
QUESTION 4: “You must know…
- I TOLD YOU TO Will you instruct the
GO SEE ATTORNEY prosecuting attorney to place the “MOTION TO DISMISS”
Interrogational contract in evidence …?”
“LET THE RECORD SHOW …failure to perform duty, DISMISSED secret jurisdiction…etc.”
DISMISSED more stalling “LET THE RECORD SHOW court has declared the criminal action
J: ALRIGHT, IT’S STATUTORY to be a condition of international contract
JURISDICTION. Under Admiralty jurisdiction…” DISMISSED
“LET THE RECORD SHOW
…criminal action under ANNOUCEMENT 3 “…Law Merchant,
statutory jurisdiction… etc.” deny valid contract, no interest, etc. …”
QUESTION 3: “Will you show QUESTION 5: “…since America only owes me the Statutory Rules of debt by an invalid contract, how am I Criminal Procedure…etc.?” compelled to perform to it under the
Admiralty jurisdiction of this court …’!
Prosecutor moves to dismiss. DISMISSED
STEP 2 – STEERING WITH THE QUESTIONS: Now that the judge has agreed to answer your questions, he/she must answer all of them, until you are satisfied that you are fully informed of the ‘nature and cause’. If he/she tries to back out of this decision, then you must point out that the agreement has already been made and you intend to keep it. Start out with a simple and indirect question about the nature and type of the case. You will lead the judge into a corner.
QUESTION 1 – “Is this going to be a CIVIL action or a CRIMINAL action?” If the judge answers that it is a CIVIL action (not likely), then you must immediately object, and then move for dismissal. The reason here is that you are now IN THE WRONG COURT; the State cannot bring a case against you and Judge its own case, it cannot be both party to, and judge of, their own action. On the other hand, if the Judge answers that it is a CRIMINAL action (most likely), then you can make the following announcement on the record.
“Thank you Your Honor, LET THE RECORD OF THIS COURT THEN SHOW that this action against _______________ (you) is a CRIMINAL ACTION. Now I have another question: …”
QUESTION 2 – “Your Honor, the Constitution grants this court 2 different criminal jurisdictions: One is a criminal jurisdiction under a Common Law, and the other is a criminal action that constitutes a condition of contract under the criminal aspects of a colorable Admiralty jurisdiction. Under which of these 2 jurisdictions does court intend to try this criminal action?”
Not wanting to answer this, the judge might just dismiss the case now, but most will still try to go ahead with it The only choices now are to admit to which jurisdiction applies, or to avoid answering. Get an answer. If the Common Law criminal jurisdiction were to be declared, then you win by default of no sworn complaint by an injured party, and no injured party present. There is no evidence at all of your interfering with anyone’s Life Liberty, or Property. The case must be dropped. If instead, the Admiralty criminal jurisdiction were to be declared (foolishly), then you must be prepared to follow ALTERNATE PLAN B (below). Therefore, most likely, here is where the judge will probably start squirming and just try to avoid answering, by advising you to get a licensed attorney for such ‘legal advice’. So here is where you would make a stand by saying :
“Thank you your Honor, but I don’t think that you’d be violating your Oath of Office if you did your duty under the Constitution. You see I am not seeking legal advice; what I want to know is your legal intent; and I have the right to represent myself ‘in my own person’ without a licensed attorney. And in order to intelligently defend myself, I have to know the jurisdiction that this court is operating under; because the Rules of Criminal Procedure under a Common Law jurisdiction are very different from the Rules under an Admiralty jurisdiction. I need to know which jurisdiction you intend to try me under, in order for me to proceed with this case. Now the 6th Amendment grants me the right to know the jurisdiction being applied, and it grants you the duty to inform me; and I don’t think you’d be violating your Oath of Office for doing so. So please answer the question.”
The judge might dismiss the case here, but will probably continue stalling. He/she is most likely to reprimand or threaten you for not getting a licensed attorney. The judge will imply that only licensed attorneys have this information, that you have to go see a licensed attorney in order to get the question answered. When this happens, say:
“Thank you Your Honor, LET THE RECORD OF THIS COURT THEN SHOW that I
_______________ the accused in this criminal action against me, have asked this court to divulge the nature and cause of the accusation, upon the authority of the 6th Amendment, and that this court HAS FAILED in its duty to inform me of the nature and cause of the action. Furthermore, LET THE RECORD ALSO SHOW that this court intends to bring
this criminal action against me UNDER A SECRET JURISDICTION, THAT IS KNOWN ONLY TO LICENSED ATTORNEYS.”
OOPS! Here is where a lot of judges will dismiss the case for whatever phony excuse. But there are still some diehards asking for more embarrassment. If the judge is still onto the case here, he/she will have to come up with an answer for Question 2. He/she will probably make something huffy up like: “This will be a statutory jurisdiction and I hope you’re satisfied!” So now, you reply :
“Thank you Your Honor, LET THE RECORD OF THIS COURT THEN SHOW that it intends to conduct a criminal action against me, _______________ , under STATUTORY JURISDICTION. But the problem is that I have never heard of such a thing as a criminal action under statutory jurisdiction. I would be happy to accept this, Your Honor, if you could please tell me where I can find the published Rules of Criminal Procedure under Statutory Jurisdiction.”
Most judges are likely to give up and dismiss the case here, but some might still be hanging on. If your case isn’t dismissed yet, then you might ask:
QUESTION 3- “Do you have a copy of the Rules of Criminal Procedure under Statutory Jurisdiction in your office that I could borrow? Where does this nature, cause, and jurisdiction information exist? Do you know of a law library anywhere that has a copy of these rules? Since I am defending myself pro per, isn’t it your duty to specify which Rules of Criminal Procedure will be used, so that I may conduct a fair defense in a fair trial? You must tell me where I can access a copy of the Rules.”
This is where you will win, the judge must either lie or dismiss. The Truth is that they have just committed to a statutory jurisdiction, and there is no such thing, not to mention no official published rules to use. In some cases the judge will make faces at the prosecutor, and the prosecutor will motion to dismiss, for some other phony reason. Either way, you win.
ALTERNATE PLAN B: This is where the judge has actually answered truthfully back at Question 2, and however unlikely this may be, you must be prepared to go the distance. The judge has now admitted that the criminal action will be brought as a condition of contract under the criminal aspects of Admiralty jurisdiction. Here is where you will be digging into the very origins of the fraudulent Admiralty jurisdiction, ie. the fraudulent international money contract that Roosevelt signed back in 1933. So picking it up at the 3rd outcome to Question 2, you would then say :
“Thank you Your Honor, LET THE RECORD OF THIS COURT THEN SHOW that this court intends to proceed with a criminal action against me, _______________ , as a condition of contract under the criminal aspects of a colorable Admiralty jurisdiction. ”
Still not dismissed yet?
“Your Honor, you must realize that no courts in America have Admiralty jurisdiction without also having valid international contract in dispute. And I’m not aware of having entered any international contract. So I deny that any such contract exists. Now will you instruct the prosecuting attorney to inform this court that there is a valid international contract in dispute, if there is one; and to place this alleged international contract in evidence, if it exists; and explain how I can be a party to it, if I am; and how I am compelled to perform under it, if I am?”
.. This is an opportunity for the judge to bail out, and let the prosecutor go down in flames. Technically it is the prosecutor who must prove jurisdiction once it is challenged, so now he/she is in the hot seat. At this point the judge will probably dismiss, or the prosecutor will move to dismiss, or you may get a smart (but foolish) full historical explanation of Admiralty jurisdiction from the prosecutor. He/she might unwittingly spill the beans and get fired later, because this is the big secret that they don’t want the People to know. They can’t afford to let us know that our country has been bankrupt since 1938, that the bankers own everything, and that we are all held compelled to perform under Admiralty, in default of paying off the phony debt that Roosevelt racked up. No problem, they are going down for the full count. If this happens, you can reply:
“Fine. LET THE RECORD OF THIS COURT THEN SHOW that this court has declared that a criminal action against me,
_______________ , is a condition of international contract, under the criminal aspects of an Admiralty jurisdiction.”
Still not dismissed yet? …
Now Your Honor, according to the Law Merchant Codes, the very law that this contract was made under, there are certain things that constitute a valid vs an invalid contract. You must realize, that no court has the authority to enforce an invalid contract; and I deny the validity of the contract that Roosevelt entered into with the international bankers. He borrowed bank credit on the promise to redeem in gold coin. Creating credit out of thin air, the bankers had no risk and no interest, because they didn’t loan anything of value, and thus had no interest in the loan being paid: it was a ‘no interest ‘contract, and thus void by the international law of Nations. Therefore America owes no legal debt.”
QUESTION 5; “… And now since America only owes the debt by an invalid contract, how am I as an American Citizen, legally compelled to perform to an invalid contract under the Admiralty jurisdiction of this court?”
Get the answer and/or get dismissed.
STAYING WITH THE PLAN: You must contain the discussion within the plan. When you get to a ‘corner’ question that the judge answers improperly (i. e. away from the plan or issue), you must repeat or emphasize the issue that gets the argument back into the plan. This is where you defeat any of the judge’s lame excuses, and keep him/her in a corner. This is where you adapt your questions to stay in control. This is why you must know this strategy inside/out to a point where you really KNOW how it works.
ACCEPTING THE WIN: When the case is dismissed, by whatever means it is achieved, you have won. It doesn’t matter that they lied about it, or made up phony excuses for dropping the case, it doesn’t matter that you have been insulted or that Justice wasn’t truly served. It is a win, and it doesn’t get any better than this with the current system. Smile and leave quietly.
STOP HERE: If you understand what you have read up to this point in the guide, then you know that the rest (below) might not apply to your case. We are offering the remainder for the sake of completion, and to document or share our own personal experience. You should be able to win your case with the mastery of what is given above. If you are strongly interested in the remainder of this guide, then we presume your case has already proceeded past arraignment, and you are flailing for solutions; or you are a hard-core patriot masochistically immersed in the court system for the education and experience.
STRATEGY 2: JUDICIAL CONFERENCE – This is a way (albeit less successful) to soften up the judge before the hearing, so that you will appear more personable and less confrontational in court, and so that the judge gets a small idea of what he/she is up against, before being put on the spot (i. e. on the court record). This also gives him/her another way out of bringing formal charges against you. Here, you deliberately schedule some friendly quality time in conference with the judge, at your request, to discuss some ‘questions about the upcoming hearing’. You are going to politely inform the judge that he/she is at grave risk in allowing the case against you to continue. You could be bluffing, but the judge needn’t know that. This way, the judge has ample opportunity to find a way to dismiss your case without losing face, and his/her illusion of authority.
Make an appointment to see the judge privately; oftentimes they are happy to receive any visitors beyond ‘business as usual’. Ask the judge to read the last sentence of U.C.C. 1-103.6 which says that the code cannot be read to preclude a Common Law section. Mention, with thoughtfulness, that the judge may even be open to a liable suit for violating your rights under Common Law, by using the wrong statutes against you.
At this point the judge will know that you have a remedy of recourse, and all you need to do is make a Reservation of Rights, as described below, once you get into court. So now you say something like: “Your Honor I will be exercising that remedy and you will have to construe the U.C.C. in harmony with Common Law, and you will have to come forth with a damaged party … or you will be personally liable for damages.”
This could admittedly be a bluff on your part; you may not even consider suing the judge. But this is only a small glimpse of the embarrassment the judge could face, and he/she may easily get the message to dismiss your case at once.
STRATEGY 3: WIN BY DEFAULT – In any appearance, if your accuser (the officer) does not show up, you automatically win. The judge will have to dismiss the case, because there is no witness against you. All you have to do is point out the officer’s absence, you go home free, and the officer gets yelled at (not your problem). But since the courts makes millions of dollars on traffic cases, you cannot always depend on using this strategy. The officer usually shows up.
STRATEGY 4: CHALLENGE JURISDICTION (2nd best plan) – This is a good strategy to use, right up front, as you open your mouth for the very 1st time in court, before you even mention anything else. Here, you are going to challenge the court’s authority to even hear the case, according to the body of law which the court is legally allowed to govern. This technique will allow you to take, if necessary, the case into a district court where you will be allowed to argue Constitutional issues. But ideally, the court will want to dismiss the case before it gets that far. As always, there is a risk of being charged with ‘contempt of court’, because the judges have all taken a secret oath never to reveal the true jurisdiction of the court, i. e Admiralty jurisdiction. But then you can always come back with “What Court? I’m sorry, but I recognize no authority here but my own.” But it is better to be very polite about it . So here is the time and place to use the next best general strategy. Here’s the drill.
When you appear to supposedly enter a Plea, you instead walk right up, place your American flag on its stand, and present the judge with 2 written Notices (see Appendix). One notice is a Notice of Special Visitation and of Foreign Law, which establishes you as a foreign entity to their fraudulent system of Law, and your God-given right to argue Constitutional issues, the 2nd Notice is a Judicial Notice of Military Flag and Challenge of Jurisdiction, which is a direct challenge to the fringed flag (military symbol of authority), and the military jurisdiction that they are trying to pull over on you. The prosecutor has the burden of proving jurisdiction, and he/she will have to lie, cheat, and or violate something to do it. Nail them.
You will have to modify the example forms (names, dates, numbers), and do a little research, such as finding your State’s equivalent of C.R.C.P. 44 1 (e.g. Colorado Rules of Criminal Procedure) and C.R.S. Title 24 (e.g. Colorado Revised Statutes). You must present these notices and enter them into the court record before you say anything about your particular case. Make your stand on these two Notices, by insisting that neither your case, nor the Law, nor the accusations may be heard until these two overriding issues are resolved. Sit on them.
You will not speak of anything nor participate in your case until the Prosecutor has legally and completely proven that the court even has jurisdiction over you. Of course you already know that this is impossible, and they will just try to intimidate and disempower you for challenging their false authority; and they will try to haul you off to a private room (off the Record), so that know one else will hear the Truth of their fraud. So you can tell them you are prepared to go to Trial on these 2 issues alone, that you insist on putting them into the court Record, and that you will present as much evidence as it takes to expose them. Make them sweat and embarrass them into dismissing your case.
Make a photocopy of the 2 example Notices mentioned above, and doctor them up with your name, case number, and other such details. Be sure that there is nothing falsely stated on these Notices when you present them. You should only have to appear once; but if you are not dismissed right away, repeat this Strategy every time you appear in court. If all goes well, you will not have to ‘dig in’ any further, nor do anymore with your dismissed case.
Prepare and modify your 2 Notices similarly to those shown in the Appendix. The 1st Notice establishes your legal basis for arguing any Constitutional issue in the next higher (district) court; the 2nd Notice specifically challenges the fraudulent nature of the court’s jurisdiction. All further strategies will depend on this one, so make it good. Set your flag up where everyone can see it, in the judge’s face if you have to. Gung Ho!
Here are some backup notes, for your ‘artillery shells’
HAGANS vs LAVINE (415 US 533 N-3,note 5): “Once JURISDICTION is challenged it must be proven by the Plaintiff.”
OWENS vs CITY OF INDEPENDENCE (100 SCt. 1398, 1980): “The mere good faith assertions of power and authority (jurisdiction) have been abolished.”
You can also use the missing plaintiff argument to further expose the court’s error. If the Prosecutor attempts to bluff his/her way through by shooting down your written evidence with lame verbal excuses, remind the judge that the Prosecutor still has not proven anything. Motion, ask, and/or demand the judge to order the Prosecutor to prove jurisdiction with hard evidence, or drop the charges against you. Get the case dismissed (i.e. Motion for Dismissal) because jurisdiction has not been proven.
STRATEGY 5: REFUSE TO RECOGNIZE THE PLAINTIFF – This is perhaps a fallback strategy, if Strategy #1 above is not working. Here, you simply stand on your 6th Amendment right to know the nature and cause of the accusation against you. So when they ask you if you understand the charges, you say : “No, in fact, I’m not even sure that the Plaintiff is present.” Or, if the judge asks you if you are ‘ready to proceed’, at any court appearance, repeat those words again.
The point is, these cash register courts and DAs all fraudulently impose their laws and accusations upon us, under the ‘color of law’ (bogus). They presume to represent the People of your State, they hide behind that title, and then expect you to feel intimidated and guilty for offending the People. In reality, they represent the corporate State (banks) under the false extension of the corporate United States (foreign banks), it is you who really represent the People, because the charges arise from laws which require the People’s compliance without their consent.
After all, weren’t you simply minding your own business to begin with, without injuring any party. The system is deliberately dysfunctional, and the People are paying for it.
So in this strategy, you must also stand on your 11th Amendment right to be protected from their foreign jurisdiction, because they are certainly not representing We the People, and it is you that is a member of the Sovereign Body of the State, as a de jure member of We the People. Study the Constitution and the Black’s Law Dictionary definitions of ‘plaintiff, ‘inured party’, ‘foreign state’, ‘State’, ‘foreign interest’, ‘nature and cause’, etc. Then you will really understand how their whole illusion and ball game rests on giving your consent to their fraudulent representation of the case against you. Bring photocopies of everything to court, and demand that the prosecutor produce a legal and legitimate Plaintiff or else the case must be dismissed.
STRATEGY 6: CHALLENGE THE TICKET – Use this if you know that there is some
technical error in the way the ticket is filled out. Ask to compare the original with your copy. For instance, something could be spelled wrong, a number could just one digit different, the date or time of the stop could be wrong, you may have written something onto it that renders it null and void, the original may have been altered after you signed it. The officer may have filled in false or misleading information. such as entering “phone number: refused” instead of “none“. Your correct address could be misrepresented. The officer may have written something on the back of the original, evidence which has been withheld from you. Be a good detective. Any such mistake renders the ticket null and void for cause.
STRATEGY 7: PLEAD IGNORANCE – This is the one of the easiest overall methods we’ve learned to date, because of its simplicity, effectiveness, and minimal confrontation . Here, when you are asked to enter a plea, you say “Your Honor, I thank the court for extending an opportunity to get an attorney, but I will defend myself ‘pro per’; and I apologize for my confusion, but I just don’t know what my rights are; so I ask (demand) that my birth certificate be placed in evidence, so that I may proceed according to my rights.”
This puts the judge on notice, and saves his/her face on the record. Of course, you realize that you must be willing to follow up on whatever the judge rules. By law, the judge must allow your birthrights and birthdate to be admitted into court, now that you have requested (demanded) it, because so far there is no written proof of the court’s jurisdiction over you. The judge may try to intimidate you by warning you that a jury is required to establish birthright evidence. Of course, this is just what you want, and the judge will have to bluff in some other way, to avoid doing this. The judge now has an opportunity to dismiss the case in order to prevent you from exposing the Truth and the court’s fraud in front of a jury.
If a trial date is set, then you have plenty of time to file a series of Notice and Demand letters, or other legal instruments, requiring jurisdictional compliance; and then recuse the judge for not complying (Details in the following section(s)). At the very least, you may postpone the trial date to greater than 6 months from the date of citation. This entities you to dismiss the case on the basis of violating the ‘speedy trial’ clause in the 6th Amendment.
STRATEGY 8: CHALLENGE THE JUDGE’S STATUS (low probability of success, but
possible) – This is a strategy to use when the judge asks you about getting a licensed attorney, but before you decide to represent yourself ‘pro per’. The fact is that there really are no such licenses: the judge is merely trying to intimidate you into losing the game and/or paying more into the ‘system’ by paying the attorney’s fees. All attorneys and judges, including the court appointed defender, are members of a Bar Associations, which are nothing more then elitist clubs ordained by the foreign banks under foreign titles of nobility. Strictly speaking, unless they have renounced their Bar membership and title of nobility, they are all foreign agents committing treason against the Citizens of the united States. So, you can use this in your favor as follows.
“Thank you for upholding my right to hire a licensed attorney, Your Honor; but I have failed in my extensive search to find an attorney with a license; so that in order for me to comply with the court’s advisement, may I please see your license, so that I will know what an attorney’s license looks like.”
The Judge will surely be sweating bullets now, and may even dismiss the case outright. Or you may get some excuse that the judge is not obliged to show you anything. If this happens, just politely hang in there and carefully shoot down the judge’s lame excuses with more questions, like;
“Oh really, has the court made a judicial determination that the judge may preside over my case without being a licensed attorney?” OR “Oh really, has the court made a judicial determination to deny my 6th Amendment right to a licensed defense attorney?” OR ‘Will the court kindly place in evidence, ANY valid attorney’s license so that I may know how to identify a licensed attorney?” OR “Has the court made a judicial determination that I must find a licensed attorney according to the court’s rules without the court’s first defining what an attorney’s license is?”
- You get the idea? Good. Be nice, but don’t let the judge off the hook easily. The only risk you take here is the ‘contempt of court’ ruling from the judge. Be prepared to deal with this factor, just in case.
STRATEGY 9: CHALLENGE UNDER COMMON LAW (marginally successful) – You
would also use this at the very beginning, when you first open your mouth, before you even give your name. This strategy indirectly implies that the court’s jurisdiction is out of order. And you have to combine this with another strategy which forces the court to identify or prove jurisdiction. You essentially assume Common Law jurisdiction with your questions, up front, and then carefully watch how this assumption fails. Your purpose is to dismiss the case by exposing WHY the court is failing to comply with Common Law jurisdiction.
You would start by asking. “Where is the injured party?” Ask the judge if he/she is the inured party. Ask the officer. Ask the prosecutor. Ask anyone in the courtroom to come forth as an injured party. Embarrass them into a default. Verify with the judge that you in fact stand accused of being a criminal. Then announce “Well then, Your Honor, by the rule of ‘corpus delecti’, I move that the case be dismissed for lack of injured party.” Some prosecutors might argue that the State, or People of the State of ______________ is the inured party. This is where you must argue that the corporate State of ________________ cannot lawfully participate as an inured party in this case; then demand the evidence supporting the prosecutor’s claim. Then you can point out that you yourself represent the People in this case, because it is the People that are held liable for the statutes in question, and you can inform the judge that since the prosecutor is falsely claiming to represent the People, then his/her claim against you is void for fraud. Then ask the case to be dismissed for the cause of fraud.
STRATEGY 10: ENTER NO PLEA – Here you are setting yet another trap for the court (judge) to fall into, and you will have several options with which to win. You can use these options at the time when the judge is demanding that you enter a plea.
10A – You can always start with “But your Honor, under the rules of this court, am I required to enter a plea before discovery of all the facts?” (The Law states that a plea cannot be required before the rule of discovery is allowed) When you get a NO, then Motion for Dismissal based on the rule of corpus delecti. If the judge denies your motion, then ask for continuance based on the request for Discovery.
10B – The court will always try to enter a plea for you, if you refuse to pick one of their options
(How nice they are!). And you gamble (or prefer) that the judge will default you to NOT GUILTY, and try to set a trial date. Good Here’s where you immediately ask: “But your Honor, isn’t that practicing law from the bench? Isn’t entering a plea my job or my attorney’s job?” You have distracted the judge with this question. Now whatever the answer was (and if the judge has not yet changed your plea of NOT GUILTY), then quickly ask ” … So are you making a judicial determination?” If NO, then the judge is now caught in a contradiction of error, which you can detect, follow up on, and ask for resolution (But a NO is unlikely, because they don’t like to admit having made an error).
If the judge then says YES to the above question, then say your thanks and leave. You have won. You will then turn around, the next day, and file a Notice of Default, holding the court to its judicial determination that you are NOT GUILTY. The court, in this case, has made a technical mistake, because if the court enters your plea of NOT GUILTY, then it has ruled that you really are not guilty, regardless of its decision to continue the case against you. You win.
10C – If the judge enters a plea for you of NO CONTEST (which is more likely), then you could protest that the ruling is unfair because you do not understand the nature of the charges, nor have you decided whether to contest the charges. You must also protest that the ruling is not acceptable, because the court will treat you with your NO CONTEST, as if you are GUILTY. Point out that you demand the court to comply with the law which guarantees that you are INNOCENT until proven GUILTY. All this because you want the judge to enter your ‘no plea’ as a plea of NOT GUILTY. Stick to it. If necessary, point out that the court is deliberately constraining you to unfair plea choices, and that they have no right to constrain you. Not to worry. You can always change your plea before the trial, so even with the NO CONTEST, you will then turn around, the next day, and file a Notice of Special Appearance, to change your plea and outmaneuver the court (see details below).
10D – Another elegant option is to simply not enter any plea, and silently let the judge enter any plea that he/she wants, but without giving your permission to do so. They are not really doing you any favors, in fact this is just satisfying a phony court requirement to con you out of your rights. You can then silently go home, turn around the next day, and file a Notice and Demand, and a Motion to Dismiss the case, because of judicial misconduct. Because you have not given the judge your power of attorney to enter a plea on your behalf, he/she is illegally practicing law from the bench, and defrauding you out of your power of attorney. And if the judge then ignores or overrules your Motion, you now have legal grounds for Recusing (dismissing) the judge before Trial.
STRATEGY 11: PLEAD CONFUSION (NO PLEA) – You can also use this strategy whenever the judge is asking you to enter a plea, AND whenever the judge asks you if you understand the charges. Here, you are setting another trap by exercising your 6th Amendment rights to be informed of the nature of the charges. If you don’t understand the charges, then the court cannot legally continue the case against you. So if the judge asks you if you understand the charges, you say: “NO.” You can then get right in asking more questions relating to the contradictions that you already see with the case as it is being presented to you.
If you appear too confused to enter a plea, or if the judge believes you don’t understand the charges, you can easily get the standard speech about getting a licensed attorney; the judge may even give you more time to consider getting one. You can even change your mind about how to defend yourself. In addition to one of the above strategies, you might even corner the judge with his/her own speech. If the judge becomes impatient or irritable enough with your non-compliance with his/her directions, he/she may actually threaten or command you to get an attorney. This is the perfect time to ask: “Has the court made a judicial determination that I do not have the right to represent myself?” You see, this puts their fraud right on the record, and the judge will have to either dismiss the case, or retract the threat or command. If there are any such contradictions left unanswered by the judge, be sure to ask why.
So then if the judge insists on entering your Plea, i.e. making a decision for you, you can then turn around the next day file a Notice and Demand, and a Motion for Dismissal because of judicial misconduct, because the judge has acted upon your defense without properly written and signed ‘power of attorney’ (i e your permission). There are so many ways they are cheating, it’s hard to believe they can still get away with it.
STRATEGY 12: ?
This is a court appearance that is not required by the court itself; you must file the request yourself, because you have a specific reason for doing so, such as a change of plea, or change of status. Special Appearance (or Special Visitation) may occur any time up until the Trial.
This is especially good for delaying your whole case with an additional hearing, to address issues which must be resolved. If the judge has refused to file and process your Notice of Special Visitation and of Foreign Law, and your Judicial Notice of Military Flag and Challenge of Jurisdiction, then now is a good time to file these notices, with certified mail, thereby forcing the court to respond and schedule a special hearing date.
If you wish to make a formal Reservation of Rights, using the Special Appearance hearing, then you can follow the example given in the Appendix.
Whatever Notice and Demand paperwork you serve upon the court, must also be served upon the prosecutor. Make sure that they receive their copies well ahead of anything else scheduled for your case, so that the court has time to re-schedule if necessary.
SECOND COURT APPEARANCE: PLEA BARGAINING
With any skill and luck at all, you will no longer have to appear, by virtue of having won at the arraignment by dismissal. So this section applies to cases which have slipped thru the cracks, or have already got past you.
PURPOSE: This usually follows the initial arraignment right away. Because you have pleaded NOT GUILTY, the court is graciously providing you yet another opportunity to change your mind, plead GUILTY, and pay up. They will try to bargain some of the penalties in exchange for your guilt and obedience. Beyond getting you to submit to fear, fraud, and control, there is no other purpose. So your purpose, by this time, is to minimize your liabilities (fines), and/or to create more opportunities for the judge to dismiss your case.
WHAT TO EXPECT: They will probably even offer to reduce the charges against you, thereby reducing your fines, if you will only bend over and submit to the system. They may even graduate you to facing the District Attorney, in place of the Deputy District Attorney, in a flagrant attempt to intimidate you. This is not such a bad deal, other than losing the game. Because the court has given you a chance to lower your fines, they are acknowledging that you are not going to be completely taken advantage of by their fraudulent system. They are aware that you know something about your rights, and they are prepared to collect less money from you than they had originally tried to get away with. But rest assured, they know exactly how much money they will get from you, even with reduced charges; and it will be more than the court has invested in convicting you.
If you hold to your plea of NOT GUILTY, they will try to assign you a trial date as quickly as possible, without giving you a chance to contest any of the procedure, rules, or options.
WHAT TO DO: Generally, you want to take every advantage of your knowledge and preparation, to expose the judge’s and/or the prosecutor’s fraud. Using same of the strategies listed in the previous sections, you must focus on cornering the judge with your legitimate questions, to get the case dismissed. You will have fewer options now, because you have already allowed jurisdiction over you from the previous arraignment hearing. Keep in mind that you can possibly let the case go to trial, but it will be much harder to win there, because of the ways that the trial and jury are rigged. So it is better to win the game before trial.
STRATEGY 1: REPEAT A STRATEGY FROM THE PREVIOUS SECTION (such as refusing to acknowledge the plaintiff, or challenging jurisdiction, etc.).
STRATEGY 2: DEMAND A MOTIONS HEARING — This is one of the best ways to buy more time, so that you can maximize your opportunities to win your case, before trial. Before the judge gets around to setting a trial date, demand to instead have a Motions Hearing. The judge will probably look surprised that you even know about this and may attempt to discourage you. Just explain that you wish to exercise your ‘pro per’ right to present several Motions relating to critical issues relevant to, and directly affecting, your case. You must resolve some pivotal and key legal issues in your case in order to continue. You will need to type up your motions and send them to the court and prosecutor ahead of time, as described in the next section.
STRATEGY 3: MOTION FOR DISCOVERY – This is to force the court to place in evidence, every last bit of information, including unrevealed government contracts (such as the driver’s license) that the prosecutor is using against you. (no data yet).
STRATEGY 4: GENERAL – Review the available strategies from your first appearance (arraignment). Pick out 1 or more that still apply to your situation. Use any technique you can find to embarrass the judge into dismissing the case, Motion for Dismissal at every available opportunity.
STRATEGY 5: MOTION TO WITHDRAW YOUR PLEA — This is a slick trick to temporarily remove your implied consent to the court’s jurisdiction. By vacating your plea of Not Guilty, technically the venue and Jurisdiction is removed. So here is where you can again use the Notice of Special Visitation and of Foreign Law, and the Judicial Notice of Military Flag and Challenge of Jurisdiction (see Appendix). Make sure the court agrees to vacate your previous Plea, before you say anything more. Before you are required to enter a new Plea, present these 2 notices and demand the resolution of jurisdiction.
Now the court will now be up against the wall, because it must stop everything and make a legal determination as to whether the court even has jurisdiction. Because it no longer has your plea, it no longer has your consent to their implied and assumed jurisdiction.
Immediately Motion for Dismissal for lack of jurisdiction, as soon as they try to dance around it. If the judge doesn’t dismiss the case now, then Object, or Recuse (dismiss) the Judge for obvious bias against you, and place him/her on notice of your intent to Appeal his/her judicial error. This is their mistake for sure.
STRATEGY 6: BARGAIN YOUR PLEA – This is a strategy to use only if you have changed your mind about standing up for your rights and/or you find that being in court is just too stressful to deal with. The best news is that, although you must change you plea to GUILTY, at least you have reduced and minimized your fines, and you have terminated the game so that you will no longer be in court. You have settled for a partial win.
STRATEGY 7: RESERVE YOUR RIGHTS — This is what you should do when it looks like they’re just going to roll right over you and continue with the case against you, regardless of your motions to dismiss based on the other strategies you have tried. Now make sure the court recorder is ON, you can make a speech similar to:
“Your Honor, I’m sorry to take up so much of your valuable time but I still do not understand the NATURE (not Letter) of the Law being charged against me. You have either refused or denied that this court is of Common Law, Equity, or Admiralty, so by now you must have made a judicial determination that this court is operating under Article I, Section 8, Clause 17 of the Constitutions. Therefore, you must be sitting Ministerially and NOT Judicially, and that it is actually the Corporate State of _____________ which is bringing this case against me. And since the State of ____________ discharges its debts with negotiable instruments instead of gold and silver, then this court must therefore be operating under the negotiable laws codified into the Uniform Commercial Code. Further,
this means that there must exist a contract, and my obligation to that contract must comprise the statute(s) brought against me. ARE THESE DETERMINATIONS CORRECT?” (If, NO then ask which are correct, and which aren’t).
If YES, then thank the judge for clarifying your understanding, and then make a formal Notice of Reservation of Rights “Under U.C.C. 1-207, I reserve the following rights: … “ (Then just list all of the rights you want to reserve) Then demand the court to place in evidence, all such contracts mentioned above.
The judge may fake ignorance, and ask you what you mean by using the U C C reservation, this is an attempt to deny your rights. Simply reply:
“Your Honor, my exercise of reserving my rights under U.C.C. 1-207 shows on the record, that I have exercised the U.C.C. remedy for reserving my Common Law rights, including personal Liberty under the 13th Amendment, not to be compelled to perform under any contract or commercial agreement that I have not entered into Knowingly, Voluntarily, Intentionally, and with Informed Consent; and that notice is served upon all corporate government agents, that I have not, and will not accept the liability associated with the ‘compelled benefit’ of any unrevealed contract or commercial agreement.”
STRATEGY 8: ?
If you’re still into it this far…
PURPOSE: The court has no vested interest in your Motions Hearing, because there is nothing for the court to gain. In the event your case hasn’t been dismissed yet, you are exercising this additional appearance in order to contest the very nature of the case itself, and/or the statutes in question, jurisdiction, procedure, and/or to contest the court’s interpretation of the laws that have targeted you as a criminal. This is where you are going to have the ball in your court, because once the judge has agreed to hear your motions, he/she must admit all of them into the court record, and then must make a judicial determination on each one. Your purpose is to maneuver the court into a more favorable position to dismiss or to hear the case in trial. And this is your last good chance to challenge jurisdiction and/or procedure, and get the case dismissed.
WHAT TO EXPECT: Both the judge and prosecutor stand to be sweating bullets and/or losing sleep over what you have in store. They simply don’t expect and don’t want People to know how to do this. The judge will probably try to railroad you into presenting all of your motions up front, and then rule on all of them at once. Don’t let this happen. Explain to the judge that each motion stands on its own and must be treated and ruled separately from the rest. Do not proceed any further until the judge agrees. The prosecutor will obviously try to shoot down all of your motions that he/she feels will threaten the case against you. Not to worry; since the case against you is held together with fraudulent bandaids to begin with, it is relatively easy to shoot more holes in it. Make very sure that you are in a COURT OF RECORD before you say anything about your motions.
WHAT TO DO: Type up your motions ahead of time (well before the scheduled hearing), and make sure the court, and the prosecutor, each get a copy. Everybody involved must get a copy of any paperwork you generate. Each motion should be separately typed and numbered, and should completely describe the issue that you are dredging up to the surface. Study your motions and strategies the night before you appear, so that you will be able to think clearly. Sample Motions are included with the Appendix.
PREPARING MOTIONS – Make a list of all of the things that are wrong with your case. You are simply going to present your requests to resolve these issues, and state why the court should honor each request. Such things to consider are: proving jurisdiction, placing applicable contracts in evidence, placing your birthrights in evidence, questioning the unlawful actions of the officer, violations committed by the officer, introducing statue law that defends your position, legal definitions of terms used in the accusation, etc. Look at the example Motions in the Appendix. You will need to think about how to present your requests, and in which order. You will also need to use a letterhead containing your court’s proper title and address. Also, each Motion needs to be followed by its own judicial ORDER form, with just the letterhead, and space for the judge to write and sign. Be sure to include your case number. Get out your PC or Freedom Machine and crank out the Motions. Here are a few ideas:
STRATEGY 0: DEFAULT – Again, if the officer doesn’t show up, or if it has already been 6 months since your citation was issued, you win by default.
STRATEGY 1: CHALLENGE JURISDICTION – (using previous strategies)
STRATEGY 2: RESERVE YOUR RIGHTS (same as before)
STRATEGY 3: CHALLENGE THE TICKET – Use this (if you haven’t already done so in your previous appearance) Motion to Dismiss as a first priority, to take formal advantage of any possible error written onto the ticket (See Vehicle Survival Kit), but only if you know that there is some technical error in the way the ticket is filled out. Ask to compare the original with your copy. For instance, something could be spelled wrong, a number could just one digit different, the date or time of the stop could be wrong, you may have written something onto it that renders it null and void, the original may have been altered after you signed it. The officer may have filled in false or misleading information, such as entering “phone number: refused” instead of “none”. Your correct address could be misrepresented. The officer may have written something on the back of the original, evidence which has been withheld from you. Be a good detective. Any such mistake renders the ticket null and void for cause. Consequently, this motion should be a Motion to Dismiss based on error or Mistrial.
STRATEGY 4 CHALLENGE THE OFFICER’S ACTIONS – This Motion to Dismiss is perhaps
the biggest can of worms to expose, because they all want you to believe that the officer is always in the right. You can formally type up logical arguments (separate
motions), showing that the officer has broken some law, violated your rights, and/or violated his/her own Oath to Office by not upholding the Constitution. The list of offenses against you are potentially extensive, such as, use of excessive force, unlawful procurement of evidence against you, failure to state or prove probable cause for the stop, violation of 5th Amendment rights to remain silent, illegal search and seizure (without a 4th Amendment warrant), failure to show identification as an officer, failure to show commission, intent to harass and/or intimidate a free Citizen, failure to protect and serve, failure to produce an inured party with a sworn complaint, treating the suspect as criminal before due process (e.g. lying in wait), depriving you of Liberty and/or Property without due process of law (violating your 5th Amendment rights), failure to show probable cause by not showing evidence (contracts or status) that you are liable for the statutes you are charged of violating, etc. All of these challenges are Motions to Dismiss because of Mistrial or illegal Procedure against you.
STRATEGY 5 CHALLENGE THE PROSECUTION – Use this Motion to Dismiss to inform them that you are aware of their fraud, and that you are poised ready to expose their game. Declare that you recognize no legal plaintiff in your case, and demand that the prosecutor produce a legitimate plaintiff or drop the charges. They all pretend that the District Attorney (DA) or the Deputy (DDA) and the officer represent the People of the State of _____________ as the plaintiff (accuser), filing charges against you, the accused. The main problem with this picture is that there is (most likely) no inured party, no motive, no criminal intent, and yet you stand accused of committing a crime! In fact, you were probably just minding your own business, with the officer lying in wait for you, poised ready to violate your rights, instead of serving and protecting you.
In reality, you are the one who actually represents the People, defending yourself against fraudulent agents of the government who actually represent the banks and the corporations hidden behind them. So your purpose is to logically present these contradictions, and Motion to Dismiss because the case is misrepresented (Mistrial), or Motion to Dismiss for Cause of Fraud. You can see that they will not want you to win the game here, because this is the basis for their whole gameplan, and they will not want to let the word get out. So just be sly as a fox and hang in there, watch them try to squirm around the real issues and offer lame excuses (See the strategies stated above). You may just prove the DA’s or DDA’s fraud simply by asking to see his/her ‘license’ to practice law, his/her certificate of title of nobility, or his/her green card.
STRATEGY 6 CHALLENGE THE LAW – This Motion to Dismiss is where you dig into your State’s statutes and find all the holes that they are entrapping you with. Look up the definitions used and established in the beginning of the chapter(s). The statutes are deliberately written to deceive us into a fraudulent state of agreement and compliance; so you must get into the semantics. Find a logical relationship between the statutes and the definitions of terms, to construct a deductive conclusion that the statutes that you are charged with, cannot possibly apply to you, or that there is insufficient evidence to support the charges, such as no inured party, no contract binding you to the statutes, no property damages, or no evidence of your status as a government slave.
You may get several Motions out of this strategy. Make sure that each written motion completely describes, in detail, your logical reasoning and references where you are quoting the statutes from. Also, make a photocopy of each legal reference from the law library, so that you can place it in the judge’s face. (The judge will try to ignore the legal evidence you present in person, on the basis of not having the statutes in front of him, or being too pressed for time to hear your entire presentation; so be ready to shoot down the lame excuses, and walk the judge through every argument, definition, and conclusion. Use these motions to support your resulting verbal Motion to Dismiss, in person).
Also, to reinforce your logical arguments, you may decide to quote several cases, court decisions, and legal documents, that say the same things you are claiming to be true. This will oblige the judge to acknowledge the decisions of other judges, and to rule in your favor. You must have each referenced case typed separately at the top of each page, include these with each Motion that you are using them for. In this fashion, you may just be able to swamp the judge with so much evidence, that he/she just gives up and dismisses the case. Here are a few more Constitutional, traffic, and travel-related sources you can use.
SUPREME COURT: “Constitutional rights may be claimed by a belligerent claimant in person (PRO-PER).”
Hertado vs California (110 U.S. 516): “The State cannot diminish the rights of the People.”
Many people automatically make the assumption that these statute laws are passed to restrict the rights of only the BAD GUYS. WRONG! EVERYBODY’S RIGHTS ARE LIMITED.
Chicago Motor Coach vs Chicago (337 Ill.200, 169 NE 22, 66 ALR 834.):
- Ligare vs Chicago (139 Ill.46, 26 NE 934.):
- Boone vs Clark (214 SW 607, 25 AM JUR (1st) Highways, Sec. 163): “the use of the highway for the purpose of travel and transportation is not a mere privilege but a common and fundamental right of which the public and individuals cannot be rightfully deprived.”
Sherar vs Cullen (481 F.2d 946): For a crime to exist, there must be an injured party.
“There can be no sanction or penalty imposed on one because of this exercise of Constitutional rights.”
Kent vs Dulles (357 U.S. 116, 125): “The right to travel is part of the Liberty of which the citizen cannot be deprived without due process of law under the Fifth Amendment.”
Miranda vs Arizona (384 U.S. 436, 125): “Where rights secured by the Constitution are involved, there can be no rule-making or legislation which would abrogate them.”
Miller vs U.S. (230 F 2nd 486,489): “The claim and exercise of a Constitutional right cannot be converted into a crime.”
Mugler vs Kansas (123 U.S. 623, 659-60): “Under our system of government upon the individuality and intelligence of the citizen, the state does not claim to control him/her, except as his/her conduct to others, leaving him/her the sole judge as to all that affects himself/herself.”
Declaration of Independence, Par.2: “Governments derive their just powers from the consent of the governed.”
Thompson vs Smith (154 SE 579): “The right of a citizen to travel upon the public highways and to transport his/her property thereon, either by carriage or automobile, is not a mere privilege which a city may prohibit or permit at will, but a common right which he/she has under the right to Life, Liberty, and the Pursuit of Happiness.”
STRATEGY 7: DEMAND THE EVIDENCE – When it is your turn to introduce evidence and testimony, this is where you are bluffing the court into exposing their fraudulent jurisdiction over you. It is your driver’s license and application (i.e. a government contract) which binds you to the traffic statutes. So given that you haven’t yet rescinded your contract, then this is what’s really holding you liable for complying with the statutes. Of course, they don’t want to reveal that to anyone. So here you must simply declare that the court has yet to prove its jurisdiction over you (under the insidious 14th Amendment), and demand that the court place in evidence the contract that they must be using to enforce laws upon you without your consent or knowledge. Do this especially if you have reserved your this right, explicitly, at the beginning of the hearing. When the judge refuses, then Motion to Dismiss because of failure to make evidence to establish jurisdiction. If they refuse to budge, object and ask the judge if he/she has made a judicial determination that violates your (reserved) right to introduce evidence relating to your case.
STRATEGY 8: MOTION FOR RECUSAL – This is perhaps your last chance to avoid going to trial. You can use this strategy now (at plea bargaining) or anytime up until the Trial (see below). Because the judge has steamrolled over all your previous attempts to educate the court in its errors, you are demanding the judge to dismiss himself/herself from the case. Here’s the drill :
“The accused feels that this court is not only wholly prejudice against the accused, but is so totally uninformed and ignorant to its Nature, authority, responsibility, application of Remedy and of Law, and specifically with respect to jurisdictional fact, as to make any further hearing of this matter before the court – extrajurisdictional – and therefore makes any subsequent verdict of guilty, by this court or by jury, subject to immediate reversible error in Appeal.”
If the judge accepts this, then you get to start all over with a new judge, with your new and improved technique and strategies.
STRATEGY 9: MOVE FOR A FINDING OF FACT – This is for any time you have successfully cornered the judge into making a questionable judicial determination of some ‘rule’ or issue affecting your case. You are sure that he/she is trying to hide something (such as evading your questions) that is fraudulent, and you are prepared to expose it whether the finding is “YES” or “NO”. One way, you are exposing the judge’s lie, mistake, or fraud, the other way, you are reclaiming one of your rights that will prove your Defense. Either way, you can’t lose; you can only embarrass them toward Dismissal. Dig into the details of the real Law and the real issues.
STRATEGY 10: MOTION TO SUBPEONA WITNESSES – This is your reserve plan to buy
more time before trial (if any), and to summon ‘hostile’ witnesses for you to question during trial. You have the right to call any witness to the stand during trial, but if there is someone who does not want to be there for you, you need to formally identify who they are, and their addresses, and explain that their testimony is vital to your defense. The court must then issue the warrants, as a result of the Motions Hearing, and serve them from the sheriff’s department. They cost about $15 each. The judge may try to deceive you into believing that you somehow aren’t allowed to do this (like intimidation), so just get it all on record, corner the judge, and/or explain that you will not let him/her cheat you out of your 6th Amendment rights.
STRATEGY 11: PUT JUDGE ON NOTICE TO APPEAL – You must use this courtroom
strategy every time the judge rules against your (presumably valid) Motion, any of them. The judge will try to intimidate you by ignoring the legal issues you present with your motions. So here is where you verbally put the judge on notice that you intend to Appeal his/he; ruling, because you know that he/she is violating your rights, or the law, and/or is committing fraud. The main purpose is to OBJECT to the ruling, and state ON THE RECORD why you believe the judge has made an error, thereby recording useful evidence against him/her.
STRATEGY 12: AGREE TO NOTHING — This is an absolute must, to use with all of the above strategies, just in case the Prosecutor attempts to pull a fast one. If the Prosecutor should EVER propose a “Motion In Limime” or anything “in limime”, you must flat out OBJECT and REFUSE. This is an attempt to prevent you from introducing your evidence and properly defending yourself, on equal footing. Do not agree to any such motions by the prosecutor. In fact, do not agree to anything that the Prosecutor deliberately says fast so that you do not understand. Better yet, the Motions Hearing is your show. Do not agree with anything or any motion that the Prosecutor has to offer.
STRATEGY 13 ?
ADDITIONAL STRATEGIES: There are some procedural options that you can motion for, such as Motion to Trial by Jury, Motion for Jury of 12 (instead of 6), Motion to Participate in the Jury Selection, Motion for the Court to Pay for Costs (because you are broke), etc. Just remember that you are now swimming upstream and dealing with particulars of your case, now fully under the fraudulent statutory jurisdiction, by now you are probably at risk of losing the chance to challenge jurisdiction in the eyes of the judge. So you should make this your highest priority. And make sure to read up on your general rights in the courtroom, as described in the beginning of this guide, and you should do just fine, all things considered. And again, be sure to bring all your friends and personal legal counselors with you to the Motions Hearing. They’re going to know who you are!
THE TRIAL (including Pre-Trial Conference)
PURPOSE: The official purpose of the Trial is to test and determine if a crime has indeed been committed, and whether you are indeed guilty of that crime. Of course, you already know that they have already decided you are guilty, have already harassed you, threatened you, intimidated you, insulted you, and treated you as being guilty. Your vehicle may have already been impounded, and you may already have been arrested as a criminal. So mostly, this big to-do about the trial is to make a grand showing to the People, to ‘prove’ just how dangerous and evil you are for standing up for your rights, thereby threatening the system and the racket. So your purpose, since you have sunk into it this far, is to get the case dismissed before the jury (or judge) makes a formal decision on your guilt.
WHAT TO EXPECT: The longer your case is in court, the more it will feel that the legal system is some large corporate beaurocratic nutcracker, and more firmly clasped to some most delicate part of your anatomy. The prosecutor will attempt to deceive everyone into believing his/her illusions. The judge will pretend to be a fair referee during the entire trial, which will consist of Conference, Jury Selection, Jury Instructions, Opening Statement, Testimony, Final Statement, and Deliberation, as follows:
Pre-Trial Conference – in the judge’s office, they will tell you that there are important ‘matters’ to agree on before the jury selection, such as your list of possible witnesses. You are there only because they need and want something from you. Here is where they will politely try to con you out of your rights, the juries rights, and then politely threaten you off-the-record. They are just testing if you know how to defeat them, and sizing you up to see just how much they can get away with. Here is where you will see just how vital is for them to control you, the jury, the procedure, and the final decision. The judge will probably attempt to hold you responsible for conducting your case as a licensed attorney (hah hah). You may just decide to put the prosecutor on the stand, to explain the nature and cause of the accusations.
Jury Selection – (If you have chosen to have a jury) You will agree on the procedure, and then interview prospective jurors, one-by-one, to determine whether you want them to decide your case. You will ask them specific questions, relating to how they feel about the issues relating to your case. This is called “voir dire”, which means you want some idea of how they intend to perceive your case. You will be able to dismiss some of those that you feel will decide against you. Then you will be politely asked to “Pass the Jury for Cause”, which means you accept the jury, as is stands, to rule on your case. They will not tell you that you can Refuse the Jury for Cause.
Jury Instructions – (If you have a jury) – You, the judge, and the prosecutor, all have the right to propose formal instructions for the jury to have copies of. They WILL be dictating to the jury EXACTLY what they want them to know about, and ONLY what they want them to know; so you should also prepare some jury instructions ahead of time. (See strategy below)
Opening Statement – This is where the judge and jury (if any) hear from both sides, why they are here, why you are here, what they intend to show, and what they can expect to hear as evidence and testimony. So you need to have this typed up ahead of time, summarizing the essential understanding of why your defense is superior to the prosecutor’s offense.
Testimony – This is where both sides take turns calling witnesses to testify on their behalf to establish their respective positions. You will be asking your own witnesses specific questions that you have prepared ahead of time. After the prosecutor asks his witnesses questions, then you can shoot down their evidence by asking them your own questions during your cross-examination.
Final Statement- Here is where you summarize what has happened in court, what you have logically shown, what the witnesses have clearly established, what conclusions have obviously been revealed, and why the judge (or jury) must therefore reach a verdict of NOT GUILTY. If you have a jury, this is where you must emphasize and re-emphasize your few basic points. Here you must also remind them of your jury instructions and their duty to bring the justice into court which is representative of the People.
Deliberation – Nothing to do here but wait. You’re done, the judge or jury is deciding your case. Whatever you left un-addressed in court is now just hypothetical history.
WHAT TO DO: Know your stuff; know your rights, work out your plan ahead of time, be prepared, take every opportunity to win, expose, embarrass, and keep the prosecutor, and the judge, from getting away with fraud and abuse. Try to win the case before the trial; if not possible try to win before Deliberation; the closer you get to that, the less likely your chances of winning. Here’s a few more ideas:
STRATEGY 0: MOTION TO DISMISS BY DEFAULT, BEFORE TRIAL – Use this if the
current date, before your trial date, is already more than 6 months after the citation date. Send in this motion with a Notice of Default, stating that the court has already violated your 6th Amendment right to a speedy trial, thereby voiding the case against you. You win.
STRATEGY 1: RECUSE THE JUDGE, BEFORE TRIAL – (They really don’t want you to know about this one) This is a delay tactic, in which you are dismissing the judge, several days before the scheduled trial, because you have discovered something about him/her that compromises the trial being fair, such as obvious bias against you, violation of his/her Oath to Office, failure to record such an Oath with the proper office, misconduct in a previous hearing, a known record of hostility toward the accused, failure to show evidence of status (e.g. green card, title of nobility, attorney’s license, and/or certificate of status). Guess at this if you have to. These judges are all so crooked, you’re bound to hit a tender spot. This strategy gives you more time to prepare for trial, and a chance to try for the previous Strategy 1 again.
STRATEGY 2: CALL THE BLUFF IN CONFERENCE – Here is where you are turning their own addiction to power and control against them. Bring your hidden pocket tape recorder with you into the Conference, the morning of your trial; and have it in record mode (with a fresh tape and batteries) as soon as you walk into the judge’s office. You are going to let their implicit conversation (and their hidden real intentions) unfold and develop. When they try to threaten you with Contempt of Court, and/or warn you not to tell the jury certain “things”, and/or to deceive you into giving away your rights (such as trying to hold you to conduct your case as a licensed attorney), here is where you make your stand. You are off the court record, so you can say anything you want, and however you want (After all, that’s what they’re doing).
So, if they try to pull any of this fraud, expose it immediately, and shoot down their lame excuses. Get it all on tape. Tell them that there is no law which compels you to waive your Constitutional rights. Tell them that there is no law which compels you to obey any of their rules which apply to licensed attorneys because you have no such license or Oath to the Bar Association. You are going to conduct your case according to how you see fit, as your own ‘pro per’ defense counsel. Tell them that there is no law which prohibits the Jury from being informed of the Truth, their full rights, and their power of authority. If they want you to even think that there are such laws, they will have to show you the written law.
If they put up a fuss, demand to see their licenses, green cards, or titles of nobility, now that they are trying to use their secret treasonous tricks against you. If they insist they are right and that you have to obey the rules that the judge dictates to you, then demand to see such rules, to back up their bluff with legal evidence. Otherwise, tell them they can forget it. Ask them what they are attempting to hide. They may avoid your questions by stating that they have no time to answer them, no problem, just tell them that you have no time to conduct your defense until your questions are answered; sit on them. You can wait longer than they can, it’s your trial and your neck on the line! You have infinite time.
Then look at them straight in the eyes and tell them that what they are doing is fraudulent and illegal, and that now they know that you know. Tell them that you will expose their fraud in court, ON THE RECORD, if they even dare threaten you with Contempt of Court for exercising your rights. Tell them that they both could easily be facing charges of Treason, and Conspiracy to Commit Fraud and Treason. When all the Truth has been exposed, then tell them that the entire conversation is on tape, and watch them sweat for a change. The judge or prosecutor may then offer to dismiss the case right there. Just make sure you give your hot tape to a friend for safe keeping, when you walk out of the judge’s office. Oh, they’re going to regret being in court with you.
STRATEGY 3: RESERVE ALL OF YOUR RIGHTS UP FRONT – This is your insurance
policy against any attempt, by judge or prosecutor, to force you to waive your rights. So all you do is reserve them up front, when you first enter the court for jury selection, and ON THE RECORD. This way you can still eventually win the game, even if you go all the way to Appeal.
Then, when it’s your first turn to speak, you just get up and announce your intent to make a reservation of rights. Just read your list of every right that you feel applies to the conduction of your Defense. Use the list at the beginning of this guide as a start. Use the Constitution if you have to. Make sure to include Freedom of Speech, the right to a Fair Trial, the right to an Unbiased Jury, the right to Legal Counsel, the right to be informed of the Nature and Cause of the accusations, the right that all Evidence being used against you, including Contracts, be Placed in Evidence by the court, the right to Call Witnesses, the right to Introduce Evidence, the right to Travel, and the right to Life, Liberty, and the Pursuit of Happiness. This way, it the judge should instruct you not to do something, i e waive your right to do it, you can then remind the judge that you have already reserved your rights, and then force him/her to make a judicial determination whether you have those rights or not. You just catch them in the act, on record. Get it?
- Your valid and explicit reservation of rights removes any implied consent, so if they still want to pursue the case against you, then you must demand that the court now place in evidence, a document, nexus, or some legal instrument which ‘binds you to the state of the forum’ (e.g. a contract that you signed, as required by U.C.C. 3-401, which requires your compliance). If you are not bound to the ‘state of the forum’, you are basically a ‘non-resident’ to the court’s jurisdiction. So if they don’t cough up the evidence, then Motion for Dismissal by default. If you motion is denied, then Motion for Discovery to place the missing document(s) in evidence. Make them work for it. Tooth and nail. Tooth and nail.
STRATEGY 4: INFORM THE JURY BY CLEVER QUESTIONING — This is where you
carefully construct your ‘voir dire’ questions so that they inform the jury of their true and full rights, their true function m the courtroom, and knowledge of their full authority and power; yet so cleverly that you are not charged with Contempt of Court. You want to select a jury that can understand the real issues, and see that you really represent them as the People. You see, the problem is that the judge and prosecutor cannot afford to let the jury know what their rights are, or their true power of authority. Because, then they would lose their control and false authority over them. They want the jury to be just as fearful and ignorant as possible, so that they will just do what they’re told, find you guilty, and be all done and home in time to make dinner. Another problem is that there is a relatively large amount of information to convey, and a small amount of time to do it, plus they will be nowhere near as knowledgeable of the Truth as you are. So the best way to use this strategy is to ask every juror, one by one, all of your questions, so that they will all hear the information contained in the questions at least 12 times each. Make a box diagram of 2×6, i e 2 rows of 6 boxes, so you can write in the names of the jurors when they are introduced, you will them know them and address them by name. You want to establish a good rapport. Here are a few good questions :
- “Mrs. _______________ , as a juror, do you feel you are an instrument of the court or an instrument of the People?”
- “Mrs. _______________ , are you here because you feel a civic duty to vote your conscience, or are you here because you feel threatened by the law if you don’t comply the court’s wishes?”
- “Mrs. _______________ , are you aware that, as a juror representing the People, you are empowered to vote completely independently from the rest of the jurors?”
- “Mrs. _______________ , are you aware that, as a juror representing the People, that your single vote of NOT GUILTY is enough to acquit me of the charges?”
- “Mrs. _______________ , are you aware that, as a juror representing the People, you are empowered to vote your conscience, regardless of anyone else’s coercion or instructions, including the judge.” (The prosecutor is likely to OBJECT)
- “Mrs. _______________ , How do you feel about jury duty? (service, duty, honor, drudgery)”
- “Mrs. _______________ , Do you know your full rights and power in this court?”
- “Mrs. _______________ , Do you know that you are entitled to, and authorized to vote your conscience? according to your own sense of right and wrong?”
- “Mrs. _______________ , Do you know that your decisions override the judge? more power?”
- “Mrs. _______________ , Do you know that you are above the law? not constrained to law or facts ? … that you have the right to judge the justice of the law?”
- “Mrs. _______________ , Do you know that you have the right to acquit and NULLIFY any law that-you feel is unjust? morally wrong? or not serving the People?”
*Note above, that the 1st question deliberately puts each juror on the spot for questioning and deciding their true purpose as a juror. Unfortunately very few have any idea that they are duped into being mere instruments of the court, thereby proving the jury to be robot extensions at the judges orders. Why have a jury at all if they are programmed to do what the judge would do on his/her own without a jury? The answer is that, although the jury was originally intended to bring the Conscience and Jurisprudence into the court as a check against the tyranny, the court still needs them to make a showing, a political appearance.
So, if you observe from the questions above (especially the 1st one), that the jury simply does not really know what their true function is, or what their full rights are, you now have every reason to Refuse the Jury for Cause, because they are not your peers, they don’t understand the issues as well as you do; they don’t even know what their civic responsibilities are why they are there. If anyone complains, you may ask.
“Why should the People of _______________ , represented by the jury, believe only what the judge tells them? The judge is only a government employee, working for the People. How can we possibly guarantee that the judge is telling the Truth and the Whole Truth, and nothing but the Truth?”
Also note how all of these questions inform the jury that something is very wrong with what they have been told by the courts. Your jury will be deciding your case, but unless you educate them, they will just follow the judge’s fraudulent directions to vote according to the laws dictated to them. This is why you need an informed jury. There are many ‘Informed Jury pamphlets and reference books to utilize for this, and we suggest you find everything you can on the subject, so that you walk into court with your questions fully prepared.
You will have to word the questions such that you don’t upset the judge enough to charge you with Contempt.
STRATEGY 4A: BAIT THE PROSECUTOR WITH YOUR JURY QUESTIONS — This
strategy, combined with #4 (above) gets right down to the heart of their fraud. It is complicated because it is your most powerful general technique, and because it undermines the very critical foundation of their tyrannical control of the jury and outcome; so you must study this carefully. It could easily win your case regardless of the charges, and they are not going to give up easily. This could be your most skillful technique still available, in cornering the judge.
- When the prosecutor OBJECTS to question 11 above (It WILL happen. The prosecutor will choke on the word NULLIFY, because he/she can’t afford for the jury to know their rights), you must immediately challenge their efforts to silence you. You must MOTION TO DISMISS on the grounds that
“The Prosecution has compromised the accused’s 6th Amendment right to an independent jury, taken from the cross-section of the community, which reflects the norms and values of the community. The Denial of an independent jury infringes upon the procedural due process of the 5th Amendment.”
- If your Motion is denied, explain to the judge that THERE IS NO LAW which prohibits the jury from knowing their right to acquit and nullify laws that they disagree with, according to conscience. Press the judge into explaining why he/she is deliberately keeping the jury ignorant. OBJECT if the judge evades the question.
- If the judge orders you to discontinue this line of questioning, then ask the judge, for clarification, if he/she has indeed made a judicial determination that the jury is prohibited from knowing about their rights to acquit and NULLIFY the law. If “NO” then the case must be Dismissed because of the Prosecutor’s objection (above). If “YES” then Motion for a Finding of Fact, to prove or disprove the judge’s bluff. He/she must now place legal proof in evidence that somehow justifies the fraud. Corner the tyrant. The judge is trying to deceive everyone that his Word is Law because he/she says so.
- If the case is not dismissed (motion denied), then look the Judge straight in the eye and
OBJECT. Put him/her on notice that this is a treasonable judicial error and that you intend to Appeal it. Then move for Dismissal because the jury is now obviously no longer impartial, as required by the 6th Amendment. If this doesn’t work then Refuse the Jury for Cause, because of their obvious bias against your defense.
- If judge then tries to PASS THE JURY FOR CAUSE, essentially ignoring your Motions, inform the judge that he/she may be Practicing Law From the Bench. Then MOTION FOR A FINDING OF FACT to determine if the judge can legally get away with it.
STRATEGY 4B: MAKE A 1st AMENDMENT POLITICAL JURY SPEECH — This is also a trap that you set for the Prosecutor, used in conjunction with Strategy 4 above. As soon as you start informing the jury, without questions, the Prosecutor will OBJECT.
- When the prosecutor objects, then Motion for the Judge to make a Legal Determination as to whether the political speech of jury nullification is a direct, disruptive influence on the judicial matter at hand. If “YES”, then call the bluff and MOVE FOR A FINDING OF FACT. Make the judge squirm to Justify his/her fraud if “NO”, then say “Thank you; Also, your honor, I
reserve my right, as politically protected speech, to inform the jury during opening statement, closing statement, and trial, to disregard the substance of the law in the matter at hand, pursuant to the 6th Amendment guarantee that the jury be the judges of fact AND of the law.”
2 If your Motions are DENIED, then REFUSE TO PASS THE JURY FOR CAUSE because of a corrupted independence of the jury and BIAS in the favor of the prosecution.
- If judge tries to PASS THE JURY FOR CAUSE, essentially ignoring your Motions, inform the judge that he/she may be Practicing Law From the Bench. Then MOTION FOR A FINDING OF FACT to determine if the judge can legally get away with it.
STRATEGY 5: SEED THE JURY BEFORE TRIAL – This is an arrangement you can work out ahead of time, but only if you know someone on the jury list. The definition of “jury of peers” includes “people who know you in the community”. The problem comes when the judge and prosecutor unfairly violate this, by dismissing jurors who admit to knowing you. What’s even worse is when a juror admits knowing you, the prosecutor then proceeds to insult and abuse their honesty by asking about intimate and personal details, unrelated to the case. They just aren’t playing fair, so neither should you. Your friend selected for jury duty might just want to show up and pretend not to know you and then vote NOT GUILTY, simply because he/she knows the
Truth, and this is the one sure way to neutralize the court’s fraud. The truth is that there is NO LAW which prohibits jurors from knowing the accused, and NO LAW which prohibits any juror from knowing that they can vote NOT GUILTY, for the purposes of acquittal and/or revoking a bad law.
STRATEGY 6: SUBMIT YOUR OWN JURY INSTRUCTIONS – This is where you place the
Truth in front of the judge and prosecutor, and then watch them squirm out of allowing the jury to read it. You and your apposition will be formally reviewing and agreeing on each of the instructions the jury is going to be allowed to read. It’s another phase of the game that’s rigged against you, but you can make sure that all of their fraud and bias against you gets onto the record. Make sure your instructions are each typed up on separate pages, and make copies available for the judge and prosecutor. If you have not had enough time to review the prosecutor’s instructions, then say so. Demand and Motion to postpone the trial until you have been given adequate time to review the prosecutors instructions. It’s your pro-per right as your own Defense counsel. Don’t let them railroad over you.
- Ladies and Gentlemen of the Jury, you are instructed that: “No juror can ever be punished for his/her vote. God and the juror’s own conscience is the only authority.”
2 Ladies and Gentlemen of the Jury, you are instructed that: “Never yield your sacred vote in favor of peer pressure or majority. Your own conscience is more important. You are not here to simply agree. You are not a rubber stamp.”
- Ladies and Gentlemen of the Jury, you are instructed that: “The only power the judge has over the Jury is the power of intimidation and what he doesn’t tell you. It’s not real power. Don’t give yours away.”
- Ladies and Gentlemen of the Jury, you are instructed that: “A single final vote of NOT GUILTY is all it takes to nullify an unjust or questionable law.”
- Ladies and Gentlemen of the Jury, you are instructed that: “This is where the People have
more power than the President, and your decision is IRREVERSIBLE and
- Ladies and Gentlemen of the Jury, you are instructed that: “The prosecutor must prove to YOU guilt beyond any Reasonable Doubt. This means that if you suspect that ANYTHING is wrong with the picture as presented to you, I must be innocent.”
- Ladies and Gentlemen of the Jury, you are instructed that: “The jury gets to decide what reasonable doubt means.”
8 Ladies and Gentlemen of the Jury, you are instructed that: “The jury is the acid test of
whether the government system is really doing its job, OF THE PEOPLE, BY THE PEOPLE, FOR THE PEOPLE.”
- Ladies and Gentlemen of the Jury, you are instructed that: “The Judge may NOT instruct and pressure the Jury that they MUST reach a unanimous decision SOON (with some false concern for burdening the taxpayers).”
10 Ladies and Gentlemen of the Jury, you are instructed that: “THINK: If the jury was constrained to the Letter of the Law as dictated by the judge, we wouldn’t need a jury to begin with: that’s the judge’s job.”
- Ladies and Gentlemen of the Jury, you are instructed that: “There is NO LAW or COURT DECISION that has decided that jurors DO NOT HAVE the power to acquit and nullify, despite the law or the facts of the case. This would comprise TYRANNY, and destroys the purpose of the Jury.”
- Ladies and Gentlemen of the Jury, you are instructed that: “The jury has IRREVERSIBLE power to acquit and nullify the law, for whatever reason it deems appropriate.”
- Ladies and Gentlemen of the Jury, you are instructed that: “Jurors not only have the right, but also the DUTY to nullify bad laws by voting NOT GUILTY.”
- Ladies and Gentlemen of the Jury, you are instructed that: “No juror should, in principle, vote against his conscience, and later have misgivings and/or apologies for the accused.”
- Ladies and Gentlemen of the Jury, you are instructed that: “The writers of our constitution DEFINED a jury as group of citizens who were to judge the rightness of the law, as well as the facts in any case, according to their own conscience. JOHN JAY, THOMAS
JEFFERSON, JOHN ADAMS, ALEXANDER HAMILTON, JAMES MADISON.”
- Ladies and Gentlemen of the Jury, you are instructed that: “Our constitution has set up 5 tribunals with the power to veto any Law: Senate, House of Representatives, Executive, Judicial, and the JURY. The Jury has the final say in the letter of the Law.”
- Ladies and Gentlemen of the Jury, you are instructed that: “Our forefathers intended the jury to serve as one of the tests a law must pass before it assumes enough popular authority to be enforced.”
18 Ladies and Gentlemen of the Jury, you are instructed that: “The base of all governmental power was established with, and always intended to remain with WE THE PEOPLE. Remember: Of the People, By the People, and For the People.”
- Ladies and Gentlemen of the Jury, you are instructed that: “If a juror accepts as Law that which the judge states, then the juror has accepted the absolute authority of a
GOVERNMENT EMPLOYEE, and thereby has surrendered the power which is meant for THE PEOPLE.”
- Ladies and Gentlemen of the Jury, you are instructed that: “Remember, that it was bad laws, forced martial laws, corrupted courts, taxes without consent, and deprivation of rights that brought our ancestors to this country to begin with.”
- Ladies and Gentlemen of the Jury, you are instructed that from: Chicago Motor Coach vs Chicago (337Ill.200, 169 NE 22, 66 ALR 834.):
- Ligare vs Chicago (139 Ill.46, 28 NE 934.):
- Boone vs Clark (214 SW 607, 25 AM JUR (1st) Highways, Sec. 163):
“The use of the highway for the purpose of travel and transportation is not a mere privilege but a common and fundamental right of which the public and individuals cannot be rightfully deprived.”
- Ladies and Gentlemen of the Jury, you are instructed that from: Sherar vs Cullen (481 F.2d 946): For a crime to exist, there must be an injured party. “There can be no sanction or penalty imposed on one because of his exercise of Constitutional rights.”
- Ladies and Gentlemen of the Jury, you are instructed that from: Kent vs Dulles (357 U.S. 116, 125): “The right to travel is part of the Liberty of which the citizen cannot be deprived without due process of law under the Fifth Amendment.”
- Ladies and Gentlemen of the Jury, you are instructed that from Miranda vs Arizona (384 U.S. 436, 125): “Where rights secured by the Constitution are involved, there can be no rulemaking or legislation which would abrogate them.”
- Ladies and Gentlemen of the Jury, you are instructed that from Miller vs U.S. (230 F 2nd 486,489): “The claim and exercise of a Constitutional right cannot be converted into a crime.”
- Ladies and Gentlemen of the Jury, you are instructed that from. Mugler vs Kansas (123 U.S. 623, 659-60): “Under our system of government upon the individuality and intelligence of the citizen, the state does not claim to control him/her, except as his/her conduct to others, leaving him/her the sole judge as to all that affects himself/herself.”
- Ladies and Gentlemen of the Jury, you are instructed that from: Declaration of Independence, Par.2: “Governments derive their just powers from the consent of the governed.”
28 Ladies and Gentlemen of the Jury, you are instructed that from Thompson vs Smith (154 SE 579): “The right of a citizen to travel upon the public highways and to transport his/her property thereon, either by carriage or automobile, is not a mere privilege which a city may prohibit or permit at will, but a common right which he/she has under the right to Life, Liberty, and the Pursuit of Happiness.”
The prosecutor will submit some instructions and you will submit some, and they will try to discredit and dismiss yours in favor of the prosecutors. When they try to dismiss each one of yours, demand to hear specific legal justification for doing so. Don’t let them get away with any vague or generic excuses. If there is nothing particularly wrong with an instruction, the jury must be allowed to read it. If the judge tries to dismiss an instruction because of not being relevant, then Motion for a Finding of Fact to determine the definition of ‘relevant’ and whether the instruction is relevant to your case. Make them work for their corruption.
If you have an objection to what they are trying to pull off, you must Object to each instruction separately, and you must present specific argument and/or evidence that proves specific violations of law. Here are some more backup quotations, that you may use for evidence and/or instructions.
Thomas Jefferson: “I consider trial by jury as the only anchor yet imagined by man, by which a government can be held to the principles of its constitution.”
John Adams: “It is not only the juror’s right, but his duty to find the verdict according to his own best understanding, judgment, and conscience, though even in direct opposition to the direction of the court.”
John Jay (1st chief Justice US Supreme, 1789): “The jury has a right to judge both the law as well as the fact in controversy.”
U.S. vs Doherty (473 F.2d 1113 1139, 1972): “The jury has an unreviewable power to acquit in disregard of the instruction on the law given by the trial judge.”
U.S. vs Moylan (427 F2.d 1002 4th Cir. 1969): “We recognize the undisputed power of the jury to acquit, even if its verdict is contrary to the law as given by the judge and contrary to the evidence … If the jury feels that the law under which the accused is accused is unjust, or that the exigent circumstances justified the actions of the accused, or for any reason which appeals to their logic or passion, the jury has the power to acquit and the lower courts must abide by that decision.”
State of Georgia vs Brailsford,( et a1 3 Da11. 1): “The Jury has the right to take it upon themselves to judge both the law and the facts of the case, as well as any fact in controversy.”
Abraham Lincoln: “The People are the masters of both Congress and the Courts, not to overthrow the constitution, but to overthrow the men who pervert it”
George Washington: “The preservation of the sacred fire of Liberty and the Republican model of government is entrusted to the hands of the American People.”
STRATEGY 7: OPENING STATEMENT PLANT – OK, somehow, you’re still on for trial, and you are now going to make your Opening Statement. This strategy is just a way to expose the prosecutor’s strategy, negatively planted in the minds of the jury (or judge). You can easily use this if you can present evidence or testimony that contradicts or exposes the fraud in the prosecutor’s case against you. So with the format given at the beginning of this section, you can add something like
“You will see, People, that the prosecutor’s argument and accusations are STUCK; STUCK in an unfair system of contradictions. You will see that all he/she can do is a kind of REWIND AND PLAYBACK: ..well you did this or that, and it says here that this is a crime, etc.; without also showing you the other evidence and laws that apply, and without asking you to even think about the contradictions. However, that because of these contradictions and evidence that the prosecutor does not want you to see, you will see from my Defense, the statutes I stand accused of CANNOT POSSIBLY APPLY to this case, and I want you to remember this point: No statute can lawfully be enforced where it does not apply.”
Keep it simple and to the point, but be emphatic. Remember to include in your opening statement a strong reminder that you are not obliged to prove innocence, it is instead the prosecutor’s responsibility to prove guilt. All you are obliged for is to show reasonable doubt as to the validity of the prosecutor’s accusations.
STRATEGY 8: DEMAND THE EVIDENCE – When it is your turn to introduce evidence and testimony, this is where you are bluffing the court into exposing their fraudulent jurisdiction over you. It is your driver’s license and application (i e a government contract) which binds you to the traffic statutes. So given that you haven’t yet rescinded your contract, then this is what’s really holding you liable for complying with the statutes. Of course, they don’t want to reveal that to anyone. So here you must simply declare that the court has yet to prove its jurisdiction over you (under the insidious 14th Amendment), and demand that the court place in evidence the contract that they must be using to enforce laws upon you without your consent or knowledge. Do this especially if you have reserved your this right, explicitly, at the beginning of the hearing. When the judge refuses, then Motion to Dismiss because of failure to make evidence to establish jurisdiction. If they refuse to budge, object and ask the judge if he/she has made a judicial determination that violates your (reserved) right to introduce evidence relating to your case.
STRATEGY 9: ADMISSION OF TRUTH BY TESTIMONY – This is perhaps the best way to educate and inform the jury, as well as getting evidence against the judge and prosecutor on record. Here you are going to call some of your friends, perhaps even your legal counselors, to the stand, for the sole purpose of ‘spilling the beans’ with their testimony. All you have to do is work out ahead of time, with each of your witnesses your plan of questions and answers. You are going to ask questions relating to your case, your actions, the statutes, the officers actions, how they feel about the law, what they would do if they were the judge or jury, etc. If necessary, you may even ask them about the court procedure itself as its going down. You can bet your life that the prosecutor has already made such arrangements with the officer. So here’s your chance to even the score. The main purpose is to admit all the evidence which supports your defense arguments (including law), educates the jury of their rights, and corners the judge into a fraudulent legal determination. If they try to silence your witness, you can OBJECT tell them they are out of order, the witnesses have the right to say whatever they want, and they are sworn to tell the whole Truth, not just what the court wants to hear. They are faithfully answering the questions put to them, and testimony cannot be denied. Your witnesses can even reprimand the judge:
“Your Honor, I have sworn to tell the Truth, the whole Truth, and nothing but the Truth, and unless you can legally defraud this me, and this court, out of my Oath of Truth, then this is exactly what I intend to do.”
Instruct your witnesses to verbally defend themselves against any insult, offensive remark, insinuation, or intimidation by the prosecutor or judge.
STRATEGY 10: PLAY LEGAL COUNSEL – During the Testimony, this is just you conducting your brilliant defense as planned, and described in the Motions strategies (previous section), to outwit, outmaneuver and back the judge into an embarrassing position of having to make a determination. Use any of the still-available strategies to keep the prosecutor on a short leash. You are not going to let anything get by you this time. Your tools are your intelligence, your selfesteem, the Truth, your evidence, your witnesses, the court record, your knowledge, your strategies, and your legal counselors.
STRATEGY 11: HALFTIME MOTION TO DISMISS – This is a freebee, after the testimony. You are allowed to Motion the court to Dismiss the case, at this time, because of lack of evidence against you. Do it.
STRATEGY 12: FINAL STATEMENT PLANT – This is your last chance to win the trial part of the game (if you are still in the game). Just as in the opening statement, you are going to plant a negative perception of the prosecutor in the minds of the jury (or judge). The prosecutor gets the last word in, and you can bet that he/she will be shooting your case down also. So what you’ll want to do here is to remind the court (jury) of exactly what you asked them to look for in your opening statement. Sum up the results of your defense as you have so brilliantly presented it. Remind them of how your defense actually shows that you actually represent the People, the jury, and anyone wanting fair laws. Then remind them of the prosecutor’s feeble attempt to rewind/playback his/her illusion. Keep it simple and emphatic.
Then make a guess at which illusion he/she will try to shoot down this final statement with. It could go something like: “Just look at what has happened here today. Our alleged prosecuting attorney, CLAIMING TO REPRESENT YOU, the People of the State of _______________ has just demonstrated his/her choice to INSTEAD HARASS AND INTIMIDATE ALL OF US into obeying laws which are forced upon us, as slaves, without our vote, without our consent, without our approval, nor injured party. In fact the only things that they have from us, to force these laws, is our money and our lack of resistance. Think about this…
What’s wrong with this picture? The prosecutor may even stoop so low as to claim that I am guilty because _______________ , or that you People are, by my minding my own business, somehow injured by _______________ . If you can possibly believe (fall) for this illusion, then how can _______________ (some obvious contradiction) be true?”
Convince them that has been more then enough ‘reasonable doubt’ presented that the accusations are unfounded, that they have too many holes in them to prove guilt beyond doubt; and that we are INNOCENT until proven guilty beyond doubt.
Finally, make sure each juror understands that each can vote NOT GUIILTY, for any valid reason they see fit, independent of the others, the vote does not need to be unanimous. Stick to your convictions. Tell them that the only fully-informed and fully responsible vote possible, in light of what we have all seen and heard, is NOT GUILTY.
*Final Notes: Remember to use all of the general strategies at the beginning of this guide, as your survival tools, in order to deal with the prosecutor and judge. Review your entire courtroom plan the day before the trial. Get plenty of sleep the night before, knowing that you are well prepared to defend your rights and expose as much of their fraud as necessary to win your case.
Sleep and rest is much more valuable than staying up late cramming.
PURPOSE: The Sentencing is just a formal slapping of your hand, because you have been ‘naughty’. They are teaching you a ‘lesson’ that the People will soon learn about, so that everyone will abide by the rules which enslave them. Because you have been found guilty, you must ‘pay’ some penalty back to the corporate State. Your purpose should be to either minimize your expenses, or to defer the case to Retrial or Appeal.
WHAT TO EXPECT: The judge will make a condescending speech to make you feel guilty or ‘responsible’ for what they did to you. Pay careful attention. During this hearing, the judge will politely and cleverly ask for your consent to pronounce sentence against you. Then the judge will ask you questions about how guilty you feel and how much money you have. They all want to know how stiff they can make the fines, in order to bring more money into the ‘cash register’ court. The prosecutor will try to make the judge believe that you have been a particularly vile and contemptible criminal, and ask for maximum penalties.
WHAT TO DO: You must decide whether to continue standing up for your rights, or to bail out and cut your losses. The rationale should be based an how you feel, and what you can hope to gain either way. You must weigh your pluses against your minuses. If you haven’t paid them anything yet, and you can tolerate the waiting period, then you might as well stand firm, because many cases are won back in Appeal.
STRATEGY O: EXERCISE YOUR RIGHT OF ALLOCUTION – This will absolutely be your
last chance to win without going to Retrial or Appeal. You are essentially going to refuse giving your implied consent to the Sentencing, and then go with the flow of how the judge responds. Speak with conviction. When the judge asks you “Can you think of any reason why I should not sentence you now?”, or “Do you have any Objections to being sentenced now?”, you immediately say YES!.
This is where you can make a concise speech: “Yes, Your Honor, I Object to the sentencing at this time because, although the facts of the case may have been decided, the real issues of Law are still in question; and I give notice to this court that if I am sentenced at this time, I will raise my Objection to the appellate court, in the Nature of a writ of error.”
The Judge might try to shoot you down by saying that writs of error have been abolished. So then you would respond. “Yes I know; that’s why I will raise my Objection in the NATURE of a writ of error; this makes my Objection a colorable writ, acceptable to a colorable court…”
Then say finally: “… And as I’m sure you’re aware, that upon the acceptance of my Objection, the transcript of this case shall be brought forth by this court, at its own expense, and that each and every legal determination shall be reviewable because of my preservation of the legal issues at hand.”
This should intimidate the judge into reversing the verdict and acquitting you of the case. If, and only if they still want to pronounce Sentence you can continue your Objection as follows:
Logically argue that what they have perpetrated upon you is not only an insult, but also a moral and civil crime against We the People, and that they could easily soon be facing charges of Treason, fines, and prison. Tell them you are aware of their controlling manipulations of procedure to create the appearance of being above the law, and under color of law, but because of the extent of their fraud and corruption, there is just no way to conceal it all completely from any reasonable investigation. Then tell them that the only power they have over you is that what you have freely given them. Thank them for the education, but now you know the Truth about them, and there is nothing more which you can possibly learn by virtue of their harassing and penalizing you. And the only way to prevent the People from knowing the God’s Truth that you have discovered is to murder YOU.
As you can see, this is a ‘desperation’ strategy, because you have already allowed them to take advantage of your inexperience, innocence, and/or ignorance, they have forced the judgment of Guilty upon you, using the corruptions of the system against you. Let the judge know that you will not give your consent to being sentenced, and that he/she is obliged to instead find a legitimate procedure to resolve the charges against you. The judge will be thinking twice about pronouncing sentence. You might even win by getting the case suspended indefinitely, because you have exposed the fraud that they must use to penalize you.
STRATEGY 1: PLEAD BROKE — This helps you regardless of which way you decide to go. Tell them up front that you are sorry, but you have no money to give them. You are indigent; and you simply cannot afford to pay any of their fines or tributes. Tell them that you understand that the whole exercise, from the very start, has always been about taking your money under color of law. This lets them know that they have very little to gain by harassing you at penalizing you any further. They know that you know how fraudulent they are.
STRATEGY 2: ASK FOR RETRIAL – This is a what to try for if you feel you could do much better to win the game a 2nd time, and you can definitely identify and document specific defects in how the court handled your case. When you ask for or Motion the court for Retrial, it may not be granted, but it’s worth a try, because of the extra time, and because you might finally win. You may have to schedule a separate Motions Hearing just to present your reasons why you should have a Retrial. Make sure one of the motions asks for a ‘stay of execution’ on your Sentence and Fines. This is a strategy to be used before you decide to appeal.
STRATEGY 3: APPEAL THE CASE – This is your best plan if you want to hang in there and win the game, especially if you feel you have a good chance to expose the unfair treatment you received by the lower court. The good news is that you can defer the payment of your Sentence and Penalties for a long time, until your Appeal is resolved. And this makes the court work even harder to steal your money; plus, because of all the fraud in the lower courts, you are more likely to win in your Appeal. This is because you will be placing in evidence, at the very least, all of the appealable issues you placed the judge on notice for during the trial.
Once you decide to Appeal, you do not need permission; it is your right. The judge will give you some time to give your notice. Just make sure that you Motion the court for a ‘stay of execution’ on your Sentence and Penalties until the resolution of your Appeal. The judge may force you to make bail as collateral for showing up in court when they call you. You can hire a bail bond person to guarantee you appearance.
When the court hears your motion, the judge will try to intimidate you with the ‘transcript costs’ and filing fees, because they will insist that you need a written transcript of your trial, in order to Appeal. When this happens, remind them that you have no money, but that you will still be appealing your case; you do not need a written transcript, and the court’s original taped transcript will do perfectly for your needs, and that you give your permission for the district judge to listen to it.
The judge will be unnerved when you resist paying the stiff fees for the written transcript, and for filing, but only because they want to make sure that you lose money every step of the way. Then you can politely explain that since the original tape has more accurate information, and that since it is the court (not you), which requires an additional written transcript, then it is obviously the court which should pay for it, because you prefer that the district judge listen to the obviously superior original tape.
If the judge refuses to cooperate further, then you can file a formal Notice and Demand and/or a separate Motion for Transcript Provided by the Court, in order to expose this tyranny (more time) before your case can be finally resolved. You will first have to write up an Affidavit of Poverty, and get it witnessed or notarized. Then use the appropriately labeled information in the Appendix for your ‘Notice and Demand for Natural Right to Court Transcript’ and/or your ‘Motion for Transcript Provided by the Court’. Insist that your right to appeal is being denied its Due Process unless the court complies.
STRATEGY 4: PLEAD SORRY AND PAY UP – This admits defeat, but helps you to cut your losses and aggravation. The downside is that if you had really wanted to cut your losses, you should have pleaded guilty up front at the plea bargain; because they tend to make you pay less if you confess right away, without taking up their time. They always try to penalize you for standing up for your
rights. But this way, at least you’re not facing the additional court costs, transcript fees, emotional stress, and the risk of losing, if you abort the mission now. At least it gets you out of the legal system.
STRATEGY 5: ?
NOTICE TO APPEAL
Your notice to appeal, from Strategy 3 above, is just a single page notice, that you send with the same type of letterhead as any of your Motions, that states you intent to file for Appeal. Be sure to include your case number. The court will send you back confirmation that they acknowledge your intent, and the judge will give you so many days to somehow get a copy of your trial transcript and submit your Appeal Brief.
The challenge is to type up your Appeal Brief without paying the cost of the written transcript (see above). The law says that you must refer to the trial proceedings ‘with particularity’ when you describe the court’s defects and the judge’s decisions that you are contesting in your Appeal Brief. This means that you need to be able to quote ward-for-word exactly what was said during the trial.
Your first preference should be to exercise your natural right to have the court provide the transcript and fees, as described above. A second preference is to use the court tape recordings and notes, made by you and your counselors at the trial, to work out your Appeal strategy. Then you can estimate where on the court record tape to find the exact conversations involved. Then you can Motion the court to allow both you and the district judge listen to the tape, under supervision, so that you can get the exact conversations used into your Appeal Brief. It is possible to play the court record into a portable tape recorder; and it would not take too long for you and the bailiff to find the portions you are looking for, once you have estimated where to find them. If this becomes too much trouble, for either you or the court, then just pay the stenographer the fee for the written transcript and get it over with.
WRITING AND SUBMITTING THE APPEAL BRIEF
This is the most effort you will need to put out to finally win your case, because of alt the typing involved. But if you, or a friend have a personal computer (Freedom Machine), then you can easily copy, cut, and paste the common and repeated sections. The good news is that if this is your first appeal in this particular court system, they wi11 not expect you to know how to write the Appeal Brief, let alone a good one, because all the lawyers carefully guard the knowledge of how to do it, just as they try keep all of the standard legal information secret and ‘proprietary’.
The Appendix provides an outline and samples for you to follow. Naturally you will have to develop your Arguments and customize your Brief to the details involved with your case, and the issues that you are appealing.
The Cover Letter simply states your intentions and reasons for submitting the appeal. The Table of Contents is self-explanatory. The Table of Authority simply lists the legal documents you are using to make your points and conclusions with. The Statement of the issues section simply summarizes the relevant legal questions implicated and raised by each issue. Each issue is then summarized in a Statement of Case, which briefly explains why the issue is in question. Finally, under each Statement of Case, is the detailed Argument supporting your case, followed by its own Conclusion. You may even include an optional Opposing Argument, to cover both sides. The Argument is a step-by-step legal and logical description of how the judge’s or court’s decision is in error, beginning with a list of legal references (i e. laws and case decisions). The Conclusion is a brief statement of which of the judge’s decisions has been contested by the previous discussion, and what ruling you expect from the district court of Appeals. This should be
REVERSAL (Not Guilty), RETRIAL (try again), or ACQUITTAL (cancel the whole show). And the last page of your appeal brief should be an Order form, just like in your Motions, but with the new case number issued by the district court.
Your Appeal Brief must be as factual as you can make it. Do not exaggerate or imply anything, and do not use any offensive or subjective language. Your logic should be emotionless, but very complete, concise, and exacting. You are carefully leading the district judge to the same obvious deductive conclusions that you have reached. You are dispassionately exposing the Truth.
When you submit your appeal to the court (and the prosecutor), the lower court will assemble prepare a list of all the paperwork they think or want the district judge to see, as your appeal package. They will give you so many days to review the list and/or contest it. So make sure that every last shred of court records and paperwork, that you want the district judge to see, is on that list. You may need to send them or file a Letter of Deficiency and Demand, to let them know which missing items need to be included. Make sure all of your written Motions and notices are included.
FOLLOWING UP THE APPEAL
Now it is their turn to sweat. You have faithfully exercised your duty as an American Citizen to stand up for your rights in the face of civil injustice. The district court now faces all your evidence of the corruptions and fraud of the lower court, and they must resolve all of the issues and court decisions which have been placed in evidence. Many of the county judges have very little grasp of how crooked the entire legal system really is; and it is the district Appeals court’s job to rectify most of the fraud and corruption. They have all gambled that you would never have the sense, inclination, or wherewithal to bring the case all the way to Appeal; now they must deal with their false assumption.
It’s just a matter of waiting for a decision, once you submit your appeal. Some courts make you wait a long time, sometimes indefinitely, before they decide what to do with your case. Sometimes, there is just too much embarrassment for their expected payoff, for them to be interested in, and you may be perfectly willing to leave your case in limbo, as long as your sentence and fines are indefinitely suspended.
You may also have available the following bonus option: Some States’ statutes impose a time limit on how long the district judge may sit on your case before deciding. In Arizona, it’s 90 days; and if the judge exceeds this time limit, he/she is supposed to forfeit his/her salary for that quarter in which the 90 days expired. The rationale is that since the judge’s salary is based on hearing so many cases per year, they should not be paid the full amount if they haven’t earned it, by ignoring your case. Find out what your State statutes say about Judges and their limitations. Rest assured, they do not want you to know about this one. If you file a Notice of Default and Demand requesting the judge to forfeit his/her salary, you have nothing to lose; because even if the judge were to now rule against you, it would be in extreme Bias against you, and you can then Recuse, invalidate the decision, and demand another judge, and repeat the process. Taking advantage of such a limitation on the judge, could be a guaranteed ruling in your favor. Happy trails.
BEING IN THE RIGHT
You already know that you are in the right, and that the system is unfair and stacked against you. But the fact remains that it is still your system as much as anyone’s, and that you are in it, left to play by whatever rules you are allowed by those who are in control. So there is no point in arguing or becoming militant You do not need to prove anything relating to Ego. By focusing on the Truth and standing in it, you maximize your chances of inspiring favorable responses in those around you. And you will soon be a master at this when you can consistently steer the officers, attorneys, and judges with your ‘innocent’ but revealing questions, so that they will eventually figure it out for themselves that you are in the right. If you beat them over the head with it, they will shut you down and become more militant. But if you can appeal to their sense of worth and respect, eventually they see that you have helped them learn something of value, in how they are dealing with the People.
So when you are finally done with your case, take pride in whatever the outcome. You have taken on a brave mission to stick up for your rights in the face of unfairness, corruption, abuse of power, and tyranny. You deserve congratulations for having the courage to stand up for your rights with integrity, purpose, and compassion for all People involved and affected.
You have played your cards in the poker game, to the best of your ability, with the strategy of a chess game, doing your best to cover your risks at every step. You are most likely sharing your Knowledge and Experience with a smile, and the opposition is most likely coming away with their Illusion partially dismantled, with a heck-of-an education. You have done your homework. You have done well in your efforts to win the game, even if you have been forced to lose.
Congratulations You have done well to come into and embrace this knowledge. Know this Survival Guide inside and out. Make notes as necessary to clarify exactly what you want to adopt as your techniques, for each situation. Brush up on your knowledge of its contents periodically to refresh your memory. Better yet, get your hands on everything you can find that relates to your case. Spend some quality time in a law library, ‘browsing’ and finding answers and info. Also, be sure to question and verify everything in this guide. Everyone has a different idea how best to do something, and a different understanding of law. Make use of it. Know your procedure and what your options are at every step, without having to stop to look them up, before you make any court appearance. You know that you will be facing professional vultures. You will be prepared whenever the time comes. Pleasant and powerful journeys. You deserve it.