COURT SURVIVAL GUIDE
IMPORTANT NOTICES
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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 re-integrate 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.
9. 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.
10. 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:
0. THE FLAG - (you provide) A small American
flag, not the U.S, Flag on a stand (BUT NO GOLD FRINGE/SPEARS or anything else
on the top or sides!). 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.
1. 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.
2. 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.
3. 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.
4. Copies of All Relevant Laws that apply to
your case -- Photocopies of the statutes, codes, laws, and Constitutions, which
back your position and defense.
5. COURT SURVIVAL HANDBOOK
6. Pen and paper.
7. 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 CITIZEN
You should represent yourself always 'Suri Juris' (in your own right). By asserting your Right to speak yourself in legal
matters, you are establishing your status as your own master, 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 protect yourself
and your interests, your 'mission' is to proceed 'Suri Juris'. 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 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. Or if the case is political, he will try to stretch out your case as long as possible while keeping you in jail or prison and denying your rights as much as legally possible. 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.
Sometimes they are known to lie.
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.
0. 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 Recuse (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, frontwards and backwards, so that you
cannot be out maneuvered.
Here are a few general psychological tips:
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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).
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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, i. e GUILTY as charged.
DEFENSIVE TECHNIQUES:
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:
1. 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.
2 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'.
3 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.
4. 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.
5. 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).
6. 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 become uneasy in their haste
to win, they will tend to make mistakes.
8. 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).
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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."
17. 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.
18. 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.
19. 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.
20. 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, well-informed, 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 :
MAXIMUM MINIMUM
Arraignment (required) Arraignment
Special Appearance*
Plea Bargain, Hearing (required)
Motions Hearing*
Pre-Trial Conference (required)
Trial (required)
Sentencing (required)
Retrial Motions Hearing*
Appeals 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 undoubtable 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. Shootdown 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 (explictly) 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:
ANNOUNCEMENT 1.
"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?"
CONTINUED:

TWITTER (CENSORED 03.26.2023)

They all ignored their oaths, the facts, the rules, the laws, the 5th and 6th amendment and proceeded forward with a selective persecution in a secret hearing.
"Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented." -Elie Wiesel
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