I am constantly getting the question: I got arrested and now I have court in a week what do I do??? Right away I want to say that the following strategy will NOT WORK for you if you have an actual victim or contractual obligation that require specific performance with government (like a drivers licensing agreement or tax filings where you admit to being a taxpayer). With that being said
The first step to avoiding Kangaroo Court is to challenge jurisdiction pre-arraignment, before any plea is entered (DO NOT ENTER PLEAS). You challenge jurisdiction by filing a Motion to Dismiss with Prejudice, WRITTEN SUBMISSION not oral arguments. You can file a Motion to Dismiss 30 seconds after you receive your ticket or release. You don’t need an arraignment date, or even a Judges name to proceed.
If you file a Motion to Dismiss PRE-ARRAIGNMENT, the Judge is estopped from entering a plea on your behalf. (Estopped = prevented, precluded)
She/He MUST ANSWER your Motion, yea or nay before any further court business may proceed. If the Motion is denied, you simply file a 2nd, then a 3rd. Eventually they will screw up and break the law. Usually they will do this by ignoring your Motion and attempting to reset, schedule another arraignment, which is what you want.
A judge has 10 days (generally) to rule on your Motion. The DA also has that same 10 day window to file a Motion to Strike YOUR Motion.
Silence is not an option.
They MUST respond or be in default.
Motion to Dismiss, Motion to Strike = Demurrer where not allowed.
In criminal cases, such as felonies unlike traffic tickets there WILL be an Affidavit, and a sworn complaint. The key to beating criminal cases is to prove official or juducial misconduct. A LEO lying on an Criminal Affidavit is a get out of jail free card for you, and a possible criminal indictment for him.
The biggest problem and missing link for anarchists, sovereigns, and people who wish to be free is ENFORCEMENT. Everybody knows somebody who did something once or twice, and everybody has a strategy or theory.
The key is enforcing the laws, disciplinary actions that are already on the books. The Constitution and every state Constitution has procedures in place RIGHT NOW to end the trickery.
Anarchists don’t believe it and sovereigns are hit and miss.
In your past case or even a new one, any case:
It all starts with the arraignment. If you file a Demurrer (California)/Motion to Dismiss (other states) based on lack of personal and subject-matter jurisdiction, they CANNOT PROCEED.
They cannot enter a plea on your behalf.
They cannot schedule a trial date.
They cannot RE-SCHEDULE an arraignment.
The Demurrer/Motion to Dismiss cannot be ignored.
The Judge MUST rule on the Demurrer/Motion to Dismiss before any other business proceeds. The district attorney (prosecutor) has the OPTION to challenge your Demurrer but doesn’t have to. The deadline is 10 days in most jurisdictions.
If the Judge doesn’t respond he is in default. If the prosecutor responds AFTER 10 days HE is in default.
You can then file a Writ with the Chief Clerk of that court or a higher court to dismiss the case entirely on procedural grounds violations.
You then file criminal affidavits with the State Attorney General. Find the affidavits associated with the arrests and find the provable lies in them. Affidavits are sworn under penalty of perjury. You lie, you go to prison. At a bare minimum, the case based on the false testimony will be thrown out and overturned. Think about death row inmates, life sentences are overturned everyday due to false testimony.
Once you open a criminal perjury case against the law enforcement officers, district attorney, judges, etc. the investigation becomes a matter of public record. The state attorney general IS NOT going to risk prison, destroying his life family political ambitions to protect a few dumb cops. And if he does, even better.
Whether the investigation leads to arrests and indictments is irrelevant. You have used the state attorney general as your own private investigator, for free. File a Freedom of Information Act request, Open Records Act request for ALL documentation. Then take that documentation to a lawyer for your civil suit.
That’s how you sue. Get the State AG to do your work for free, first.
JUDGES DO NOT discipline LAW ENFORCEMENT.
Only the Executive Branch can DIRECTLY discipline, investigate the Executive Branch. Supervisors investigate and discipline their subordinates, yes? That is the State Attorney generals role. So always remember to be making a record of everything and build your own case. You need to take pictures of ALL paperwork, letters given to you. The small details make a big difference.
If you have been a victim of official misconduct you have an open and shut case in your favor. You also have a personal civil claim against the citizen arrestor. You can also drop common law liens on him as well. Each State has its own rules, but since it will always be someone acting under the Color of Law it can go directly to the federal courts. In an abuse of power claim, you won’t win by saying they violated your Rights, but if you make the claim they overstepped their authority and that in effect denied your Rights and caused you damages they allow it. The Civil Rights claim should never be the main claim but the effect of their unlawful actions causing you harm in that it violated Rights.
File a criminal affidavit alleging perjury with the State Attorney general and State police as soon as you can. If a cop offers false testimony in an affidavit or trial there is a process for that too. And, if you don’t know or don’t follow the process, that’s on you. It could be the Mayor or Chief of Police it really doesn’t matter who it is.
The three branches of government are duplicated at every level.
I would advise people to avoid ALL civil rights claims. Why? Because the 14th Amendment is unconstitutional. So is the Civil Rights Act of 1964. Can you use their own unconstitutional laws against them? Sure! States Rights. The Supremacy Clause. But you are arguing against the Constitution when you argue civil rights violation. You don’t need the feds. Your state Constitution, legislature, Supreme Court, and State Attorney General is enough.
Use your state branches of government AGAINST EACH OTHER.
Use the State Attorney General and State Police against local law enforcement, district attorneys, Mayors, City Council and County Commissioners, and County Sheriffs. If the Governor and State Attorney General disobey? Use the State Legislature to investigate, and then IMPEACH them. You can also use the State Supreme Court and District Courts to seek injunctions (restraining orders) and Writs of Mandamus. You can always THREATEN them with THEIR laws and policies, but those policies are not there to protect US, obviously. I have determined that I will never seek protection under any code or policy, not even the Constitution.
Those are THEIR restraints, their rules, not mine.
Show me evidence of YOUR authority, I make no claims.
Stay out of court, do not make physical appearances. You want EVERYTHING IN WRITING.
Submit your interrogatories in writing. Do not get stuck in a physical cross-examination. They will lie. The Judge will sustain their objections and overrule yours. There may or may not be a record.
When you file your Motions (Objections), Interrogatories (Examinations), Requests for Discovery, Subpoenas Duces Tecum,
all IN WRITING, they can’t bully you or run game. They MUST RESPOND in writing, under penalty of perjury automatically. And they won’t ever want to do that. They will remain silent and risk losing the case by default rather than risk going to prison by making false statements. Get their response in writing, under penalty of perjury. If you don’t direct your objections, complaints, allegations PROPERLY, you will just get the runaround and become one of those who swear nothing works, nothing matters.
You do not pay traffic tickets at the Post Office, correct?
Do you get heart surgery at the dentists office?
It doesn’t matter what the initial charge is, honestly (unless you ARE guilty of a common law crime such as murder, assault,
theft). ALWAYS file a Motion to Dismiss with Prejudice the entire claim and a Motion to Strike any paperwork filed by others. Like the district attorney, or Plaintiff/Defendant in Civil suit.
EVERY AFFIDAVIT THEY WRITE IS A LIE! If there is no victim YOU ARE LYING!
No victim + No contract to perform = LIE
Theres only one answer/solution to the entire problem.
From now on, all correspondence and Motions are to be submitted in WRITING. This FORCES them to respond in writing, on the record, with PROOF of their trickery. We have all been bamboozled by movies and television. You can fight an entire case and never have to set foot in court. Men on Death Row in Federal prison do it every day.
Every word uttered in a court room is entered IN WRITING FIRST. The only problem is, you never see those documents because your lawyer doesnt show you or give you his filings. We absolutely have to learn how to file ALL our own paperwork and ALL disciplinary paperwork Writs of Mandamus, Writs of Praecipe (order to dismiss sent to Court Clerkyes CLERKS have the power to dismiss cases).
Lets talk about handling your upcoming case.
It is quite easy to challenge jurisdiction without challenging jurisdiction by making them prove it with declarations because a challenge is equal to dishonor. When I use the term challenge, it is just because that is the legal term, and what people are familiar with. Properly done, you are asserting/declaring facts for them to rebut. Nothing more.
You can possibly use demurrers or motions as well but they need to specifically challenge the presumption of??jurisdiction and NOT argue statutory law or some other nonsense.
No victim + No contract to perform = No jurisdiction. Three things to remember.
If there is a victim, that gives Personal jurisdiction.
If there is a contract to perform, that gives Subject-matter jurisdiction
Its really just that simple.
Folks try to spin it 1,000 different ways, throw in legal mumbo jumbo, Latin phrases, the Constitution and they are just??walking into the spider web.
If you dont have a victim or a contract, you dont have a case. Leave all the extra crap out of it with these criminals and STAY ON MESSAGE. They are only playing with you because you are playing with them. So stop playing, start prosecuting non-performance.
When you file a motion to dismiss with prejudice they are stuck. There is literally nothing they can do except keep screwing up and digging a bigger hole for any appeal to a higher court.
They will keep resetting arraignments and ignoring your paperwork. I once went to arraignments 4 times in Clatsop county before they were able to get a good transcript, and the only reason why they were successful is because I was strapped to a chair in a little room in the jail appearing by video in the courtroom. Yes, I failed but at the time I didnt knew to never argue, never go to court, and never make oral motions or arguments or enter pleas. And when an involuntary plea is entered send a Declaration of Non-Consent to the court clerk.
The hardest part of all this is to KEEP IT SIMPLE and to the point. Leave out the extra stuff, emotional outbursts, disputable claims like; I am Sovereign, my birth certificate is money. You do not even need to cite points and authorities.
Again, lets all make sure we understand what Personal and Subject-Matter Jurisdiction is.
Personal Jurisdiction means that they have a claim on your PERSON, because you harmed or injured another PERSON.
Thats what extradition treaties are for. To bring your PERSON BACK to the scene of the crime.
Examples of courts with Subject-Matter Jurisdiction:
These are all subject-matter jurisdiction venues because there is presumed to be a contract in place. They are specific issues, usually related to some sort of contract or business (commercial, UCC) dispute.
So, victims or contracts thats 99.99999999999% of it.
Two simple things. Not 30,000.
The governments try to say, well we have PERSONAL jurisdiction over our citizensyou live here, you??play by our rules which is pure lies. So next time ASK if you believe that to be true Mr. district attorney, prove it.??Show me proof of citizenship and the laws that govern citizens.
CODE is not LAW.
Thats why they are called a Transportation CODE, or a Municipal CODE, or a Tax CODE, or a Uniform CODE for Military Justice. Where is the contract where I agreed to your Code and citizenship and knowingly waived my Natural Rights? Show me the evidence and I will be happy to obey. Get the ideas of right and wrong out of your head and think objectively. How many people can afford to take off work, school and go to court even once a week? The answer is no one can afford that.
Going to court plays right into their hands and impoverishes YOU. Eventually you lose your job, run out of time, money, and energy. In addition to the possibility of saying or doing the wrong thing, being goaded into losing your temper and there you??go a free place to stay for a while for contempt. Not to mention possible getting your butt kicked, tazed, or even possibly murdered. Never put your physical person, body, or being in jeopardy unless you are CERTAIN of what you are doing and the
There are people out there that are skilled and fearless in making physical court appearances. They are??secure in their knowledge and wont screw it up and say the wrong thing. This is NOT the average person. I do recommend going to court to watch how they operate though. Know your enemy. Some administrators (usually called judges) are looking for??reasons to help folks and some are looking for reasons to roast folks. If you go in there guns hot and popping off to one that intended to get you out of there and off their books, then youre done. Conversely, if you go in without putting them on notice from the get go, you are not going to have a good time. The only common denominators with folks winning, despite whatever strategy they use, is having no fear and the right psychology. Think of it as a game of poker, you have the winning hand and the river has already been turned. The most important thing is to comprehend YOUR OWN STATUS AND AUTHORITY. Youve already won unless you concede (and if you do it right).
All will continue to lose and miss money until you learn to handle these people ADMINISTRATIVELY.
What does that mean?
Paperwork. Drafted properly, submitted to the correct venue and ENFORCED with THEIR own rules, and skip the Points and Authorities when you are challenging the presumption of jurisdiction BEFORE arraignment or trial you dont need them.
Information and Belief
Language used in legal proceedings to qualify a statement and prevent a claim of perjury. A person???
Information and Belief is similar to an affidavit but not subject to perjury charges if you are proven
wrong. Here is an example:
a) To the best of my knowledge I am not and have never been contracted with the State of California or the city of
Anaheim. The absence of documentary evidence proving a contractual relationship would indicate a lack of both personal
and subject-matter jurisdiction.
b) On the day/night in question I did not commit a common law crime, or damage any person or property. The absence of a
sworn affidavit, verifiable complaint, or forensic evidence proving I did commit a common law crime or am responsible
for damages, would indicate lack of both personal and subject-matter jurisdiction.
a) equals no contracts
b) equals no victims
You are challenging the presumption of both personal and subject-matter jurisdiction. Criminal and Civil and anything
else they are claiming. And now the ball is in their court to refute, rebut your information/affidavit.
If they dont and try to ignore you, they have lost by default. Now you just have to ENFORCE their default. To Enforce the default. You can perhaps use a notice of default, or summary judgement, but more importantly, EVERY government employee has supervisors, including judges. Climb the ladder.
Thats what I mean by enforcement and Im not talking about a court of appeals.
1. Use the judicial misconduct procedures.
2. File a Writ of Mandamus in a higher court district or circuit or Supreme to get the guy at the bottom to do
If you went to a burger joint and ordered a Big Mac and the drive thru gives you a fish combo, what do you do? Do you circle the drive thru 100 more times, complaining with each new fish sandwich or empty bag? Or do you get management involved?
What do you do if YOU are the OWNER?
Theres a multitude of bad things that can happen to a Judge who doesnt do her/his job and we were not taught to make these bad things come to life. So how exactly do you climb that ladder? So how exactly would you climb the chain of command in court? These are excellent questions, and one of the biggest pieces to this puzzle. People get frustrated or lose because they dont know the chain of command. ALMOST every court should have a Chief Justice and several clerks of which one is the Chief Clerk, and all lower courts are modeled after the national court structure the Supreme Court and District courts.
YOU dont get to decide some arbitrary response date. The Judicial Branch is governed by municipal code, local rules for counties and cities and California Rules of Procedure for all others. Most of which defer to the Federal Rules of Procedure
ALL of which outline the disciplinary actions that may be taken against wayward gov officials, and/or jurists.
Go after their employee fidelity bonds (more about that to come).
And in case you were wondering, a judge cant quash an affidavit or other filing unless you ALLOW him to. If they attempt to, a Notice of Default in Dishonor should be in order. Nobody can quash an affidavit. They either rebut or acquiesce. Period.
If they claim to have quashed your filing, that is just a way to them telling you that they have ignored it. Dont allow them to skate. This is also why I dont recommend going into courtrooms, because they are skilled professionals and are very good at deceiving people. You might say: So you are refusing to address my affidavit? My affidavit stands as fact unless you wish to rebut. Your willfull non-response will be administrative default Do you understand that I never gave you power of attorney so you dont have the authority to do anything but dismiss now?
Another really good question is: Are you a member of the BAR?
They will tell you that If your not going to enter a plea, then I will enter one for you. Which in reality is practicing law
from the bench and is both a felony and a crime that they do not have immunity from prosecution of, and you have to be the one to hold them accountable. They will usually just put it off for another hearing to try again.
If this happens, you enter in a notice of fault, in dishonor with opportunity to cure. Get it notarized, and give them one week before the next hearing to respond or dismiss/discharge, and also send copies to your state attorney general and state commissioner. You could give them 100 days and they still couldnt respond to what you send them send under their full commercial liability. Any affidavit that goes unrebutted stands as fact. I can say Im a pink elephant And if they dont respond then I am lawfully a pink elephant. If you are looking for the response time for Judges, DAs, prosecutors to respond/answer to Motions to Dismiss or Demurrers, typically the Plaintiff (prosecutor) has 10 days to respond to ANYTHING you filewith the Judge having discretion as to his response, or ruling.
In a physical appearance the Judge can answer immediately, possibly ignore you, adjourn the hearing proceeding until he
has had time to research the issue raised and THEN answer. Thats what is not happening in most cases of sovereigns, freemen, and Constitutionalists cases. Thats where the abuse of judicial discretion charge comes in. Go to the top State Attorney General, State Commissioner. File a Notice of Default in dishonor with an opportunity to cure, notarized and sent to the prosecutor. And if they dont respond, you file a civil suit.
Some people view the abuse of discretion standard as a judicial rubber stamp. (Cf. Wilson v. Volkswagen of America (4th Cir. 1977) 561 F.2d 494, 505-506.) It has often been said that a court acts within its discretion whenever there is an ???absence of arbitrary determination, capricious disposition or whimsical thinking.??? (People v. Preyer (1985) 164 Cal.App.3d 568, 573.) As long as the court acts within the ???bounds of reason??? (ibid.), the court does not abuse its discretion.
The abuse of discretion standard, however, is not an abstract test based on whether the trial court judge was totally irrational. Instead, the court discretion is grounded in the policy and purpose of the statutes or laws being ??applied. ???[T]rial court discretion is not unlimited. ???The discretion of a trial judge is not a whimsical, uncontrolled power, but a legal discretion, which is subject to the limitations of legal principles governing the subject of its??action, and to reversal on appeal where no reasonable basis for the action is shown. [Citation.] (6 Witkin (2d ed. 1971) Appeal, ?? 244, p. 4235 . . .)??? (Westside Community for Independent Living v. Obledo (1983) 33 Cal.3d 348, 355.) ???[J]udicial discretion must be measured against the general rules of law and, in the case of a statutory grant of??discretion, against the specific law that grants the discretion. [Citations.]??? (Horsford v. Board of Trustees of Cal. State Univ. (2005) 132 Cal.App.4th 359, 393-394.) ~ http://www.sdap.org/news-10-10-08.html
Learn about the Abuse of Discretion Standard, and how to Argue it. Virtually every argument in an??opening brief is deficient without setting forth the standard of review and explaining how there was error under the standard. It can be a little trickier if you have a potential criminal conviction and not just a traffic or municipal case, but the same basics apply. I know some of you are thinking, why dont they just give me the paperwork and shut up already? You absolutely have to understand what has gone wrong to this point and what NOT TO DO going forward. The paperwork is secondary to know knowledge base. Paperwork without proper understanding is a one way ticket to jail or the poorhouse. When you really wrap your head around this basic concept, you wont need the paperwork. You will be able to walk into any courtroom in America and successfully defend anyone sitting in there. Even felony criminal cases.
No matter what you have been led to believe, there is no such thing as magic bullets. Its a dogfight, not a 15 round boxing match that ends in a decision. You go for the throat and dont let go until they bleed out. Im protective over my docs because of I give them to anyone and everyone, and they lose, guess whos fault it is Oh hes a witchdoctor. He doesnt know what he is talking about he got me thrown in jail. No. YOU did. YOU either screwed it up or didnt follow through or didnt enforce it. I take pride in the years worth of the fruits of my blood sweat and tears.
Im willing to go in a cage because Im free regardless And that scares the pants off of these fraudulent??peon servants. They see it. They feel it. I speak with authority whether its with my filings or speak it with a smile into their beady little eyes. This information will not free you. Being free is up to YOU.
File a a false imprisonment criminal affidavit and a civil suit if you have been wronged, the precedent for the going rate is $1.8m per day, in case you didnt know. And alays keep it simple. Did they have a warrant? Did they contact the Department of State who then contacted you? For any felony complaint, they also have to testify to the US District court youre a corporation also known as a person before hand too. If they restricted your movement AT ALL, then you have a winner. Leave out all the nonsense.
First things first, you need to challenge jurisdiction with a Demurrer, or Motion to Dismiss before anything else. This CAN be done electronically or certified mail, or hand delivered. So as youve seen here and a zillion other places, it doesnt matter WHAT you file if the Judge ignores or denies your paperwork and you dont have the proper response.
If you are physically present in the courtroom, they can ignore your paperwork, jam you up and just railroad you. So, deny all verbal motions, all questions, all oral arguments. If you appear ON PAPER ONLY, with your response (Demurrer), obviously the court, district attorney cant respond verbally. This means they have to do so in writing. Which puts their careers in jeopardy if they lie, ignore, or violate your right to due process (which includes all the proper procedures).
So you file your demure challenge on time and properly. Then just sit back and wait for a reply? When there is no reply and the next scheduled court date arrives. What then? You file it again, this time with the additional due process and judicial discretion violations. You can also file to recuse, Writ of Mandamus to compel the judge to obey the law, Writ of Praecipe to
compel the court clerk to dismiss on procedural grounds.
File your paperwork on the day of court. It is not wise to give your adversary advance warning of your plans. This is the entire point of the stay out of court. Some will say, what if he issues a warrant? A judge who issues a warrant on a defendant who PROPERLY responded and appeared in court to challenge jurisdiction has perjured himself and committed a felony.
Its just that simple.
You should be ecstatic for a judge to issue a warrant if you file a Demurrer. Thats an instant cause for dismissal and multi-million dollar lawsuit. You have absolutely nothing to lose by making a Special Appearance on paper ONLY. Whether speeding, red light, seatbelt or even DUI, the bluprint is the same. The Demurrer (Cali, Texas other common law states) or Motion to dismiss is an OBJECTION. You are NOT arguing case law, historical precendents, the constitutionality of statutes. You are simply stating, This does not apply to me or the circumstances of this alleged claim. Thats it. Can you include all that other crap? Absolutely, but dont be like most and lose focus. The focus is YOU and YOUR status
So what would be the basis of your Demurrer/Motion to Dismiss with prejudice? The basis is your Affidavit or Information and Belief. We should all be familiar with an affidavit. An Information and Belief is EXACTLY THE SAME (minus the jurat aka penalty of perjury).
There are only 2 things to deny in your affidavit or Info & Belief
(a) I am NOT contracted with the State of California or any political subdivision therein
(b) I did NOT commit any common law crime, harm any person, or commit property damage on the day/night/time in
A and B are both denials of personal AND subject-matter jurisdiction.
Once submitted, they cant be ignored and MUST BE REBUTTED with physical victims, documentary evidence (contracts,
surveillance footage, etc.) or a WRITTEN REBUTTAL from the Plaintiff (State) itself. No district attorney is going to testify that you committed a crime under penalty of perjury. They are ALWAYS under oath anyway.simply not going to risk it.
This is a sample, rough, not to be used in any other case or jurisdiction. But it will give you a feel for what your
affidavit or Info & Belief should look like. See sample here.