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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 driver’s licensing agreement or tax filings unless you know how to back out
of previous 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 Judge's 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). OR offer a guilty please I they can meet
several conditions. Then the judge is less likely to trick you into a ANY plea.
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 judicial 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 RESCHEDULE 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.
Executive
Legislative
Judicial
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 dentist's 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
There’s only one answer/solution to the entire problem.
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 question.
That’s it. A and B are both denials of personal AND subject-matter jurisdiction.
Once submitted, they can’t 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.
Content From www.freedomfromgovernment.org