by VisuJulz » Sat Jul 14, 2012 3:38 am
Now here's an example of how to enforce your right to a fair hearing and to win your ticket in the process in the US. To make this plan work for you, you must memorise it and speak it out loud to cement it in your brain and tongue so it becomes crystal clear in your own mind and you’ll be prepared for any response. You must be clear enough that you don’t have to stop and think but must always be in control of this plan.
The first appearance you make in court is your arraignment in which the purposes for the court to present the charges and find out how you intend to react; by standing up for your rights or being fearful and an easy target. During this proceeding the judge will inform you of the charges against you in an attempt to tempt you to enter a plea of guilty or not guilty. If their choice is no contest which is essentially pleading guilty without admitting guilt, be careful however, because as soon as you open your mouth to enter a plea you have given him formal jurisdiction over you. If you intend to follow our procedure and win, you must not enter a plea.
The judge’s first question to you should be something to the effect of:
“Do you understand the charges against you?” Or it might be: “How do you intend to plea?”
You must say:
“No I do not understand.” Or: “I cannot enter a plea until I get some questions answered.”
The judge will probably be irritated and try to intimidate you.
You must politely state:
“I need to have some questions answered before I can enter my plea.”
Then tell him: “I do not understand the nature and cause of the action against me.”
Once the judge has agreed to answer your questions, your first question will be:
“Is this going to be a civil action, or a criminal action?”
In the highly unlikely chance that the judge answered your question by saying it is a civil action, your response will be:
“Thank you your honour, let the record reflect that this is a civil action. Your honour since this is a civil action I make a motion to dismiss for lack of a sworn complaint by an injured party and no injured party is present.”
More likely the judge will say that this is a criminal action, so you respond:
“Thank you your honour, let the record of this court then show that this action against me is a criminal action. Now I have another question; your honour the constitution grants this court two different criminal jurisdictions. One is a criminal jurisdiction under the common law and the other is a criminal jurisdiction under admiralty or military tribunal venue from Article 1, Section 8, Clause 17 of the constitution. In which of these two criminal jurisdictions does this court intend to try me?"
Don’t panic if you don’t get the article, section and clause, you’ll have them down by the time you have practiced, but if you are afraid of getting it wrong it would be wise to have some brief notes with that clause number in it. If the judge gives a specific answer you will again say:
“Thank you your honour, let the record of this court then show that this action against me is a criminal action under (whichever jurisdiction he replied).”
However don’t expect an easy answer to that question as you have just exposed the court’s fraud; the truth is that they’re acting under a military tribunal of which they have no right to use with you, but the judge can’t say that and he can’t say common law because if he does, you’ll make a motion to have the case dismissed because there’s no sworn complain by an injured party and no injured party present, accept it like you did if he said it was a civil action. When you protest that there is no injured party, if the judge is silly enough to say that the state of, (whatever state you’re in) is the injured party, then say:
“Your honour I make a motion that this case be dismissed, we are in the wrong court. If the state is a party to the case, they cannot also be the judge and prosecutors. This case needs to be transferred to federal court or be dismissed.”
More likely the judge will try to avoid answering and tell you to get a licensed attorney for such legal advice, your response will be:
“Thank you your honour, but I don’t think you’ll be violating your oath of office if you did your duty under the constitution. You see I’m not seeking legal advice, what I want to know is legal intent. I have the right to appear as 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 of criminal procedure under an admiralty or military tribunal. I need to know under which jurisdiction you intend to try me in order for me to proceed with this case. 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 your duty, therefore will you please answer the question so this court is properly identified?”
If the judge still responds by telling you to get an attorney, you’re answer will be:
“Thank you your honour, let the record of this court then show that I (your name here) the accused in this criminal action, has asked the 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 action against me under a secret jurisdiction known only to licensed attorneys.”
At this point the judge might claim that this is a statutory jurisdiction under the statutes of the state of (whatever state you’re in). If he does so, you’re next statement is:
“Thank you your honour, let the record of this court then show that it intends to conduct a criminal action against me under a statutory jurisdiction. But your honour that raises another question; I’ve never heard of such a thing as a criminal action under statutory jurisdiction and there’s no such jurisdiction established in the constitution. I would be happy to accept this your honour if you could please tell me where I could find the published rules of criminal procedure under a statutory jurisdiction and where this nature, cause and jurisdiction information exist. It is imperative that I have a published rules of procedure so that I may conduct a fair defence in a fair trial.”
Now keep in mind the judge made up this jurisdiction, there is no granted authority for a statutory jurisdiction and no published rules, but don’t expect him to tell you that. He must either lie, dismiss the case, or unlawfully enter a plea on your behalf. In rare cases he might even threaten you with contempt of court, if he threatens contempt say:
“Your honour, I do not wish to be held in contempt. I am simply trying to exercise my 6th amendment right that you disclose the nature and cause of the charges against me. I can provide court citations that show that the exercise of a constitutional right cannot be converted into a crime, please either identify the properly established jurisdiction, or I make a motion that you dismiss the case against me.”
Also unlikely but still possible is that the judge will tell the truth when you ask him in which criminal jurisdiction you were being tried and will tell you that it is an admiralty jurisdiction, if this happens you would respond:
“Thank you your honour, let the record of this court then show that this court intends to proceed with a criminal action against me (your name here) as a condition of contract under an admiralty jurisdiction, as in military tribunal under Article 1, Section 8, Clause 17. However your honour, you must realise that you have no such jurisdiction without also having a valid international contract in dispute. I am not aware of having entered into any international contracts so I deny that such contract exists. Will you please instruct the prosecuting attorney to inform this court if there is such a contract and if so to place it into evidence and explain how I’m party to it and then compelled to perform under it? If the prosecution cannot do so your honour I make a motion that this case against me be dismissed.”
Of course if at any time your case is dismissed, make your pronouncement:
“Thank you your honour, let the record of this court reflect that case number bla, bla, bla against (your name here) has been dismissed.”
Now leave quietly, save your gloating for outside of the court room and if at any time you sense a good opportunity to make a motion for dismissal, make it, even if it wasn’t part of your prepared script. You need to be flexible and jump on any opportunities that are presented to you.
Let’s say that the judge has had enough of your questions and decides to help you out by entering a plea of not guilty on your behalf, immediately object:
“Your honour I object. For you to enter a plea on my behalf is practicing law from the bench, because entering a plea is my job, or my attorney’s job. Has the court made a judicial determination that I am now guilty?”
Now you’ve really trapped him; for him to say “Yes” he has admitted that you are not guilty, at this point state:
“Thank you your honour, let the record of this court reflect that the judge has made a judicial determination that I’m not guilty of the charges against me, therefore I make a motion that this case be dismissed because the judge has determined that I am not guilty.”
If he says “No, I have not made a judicial determination.” respond with:
“I make a motion that the plea be withdrawn and that I be allowed to enter my own plea once I know the nature and cause of the case pending against me.”
If the judge enters a plea of “No contest” object saying:
“Your honour I object. For you to enter a plea on my behalf is practicing law from the bench, because entering a plea is my or my attorney’s job. I make a motion that the plea be withdrawn. For you to make a judicial determination that I am entering a plea of no contest would result in the court treating me as though I had plead guilty. The court is trying to constrain me to an unfair plea choice in the absence of my understanding the nature and cause of the charges against me.”
Or let’s say that the judge instead gives you a continuance, and demands that you obtain a licensed attorney, ask:
“Has the court made a judicial determination to deny me the right to defend myself in my own person and to force me into hiring a licensed attorney that will conspire with the court to try me under a secret jurisdiction known only to the judge and to the licensed attorney?”
If you walked out of this hearing without a dismissal go to step two, pre-trial motions contained in your written packet. You should ask for a motions hearing, or you could ask to have a motions heard at the beginning of the trial. However, to ask for a motions hearing shows the judge that you are not willing to be rollovered so easily. Tell him that you must resolve some pivotal key issues in order to continue and that these motions must be heard prior to a trial. At emotions hearing you cannot be found guilty but the case can be dismissed. Either way when the motions are heard, they must each stand on their own and be heard and ruled separately from the rest, don’t just hand over five motions and let the judge say all are over-ruled, make him rule on each one individually.
Now let’s take this from the top in the manner in which it will probably happen:
JUDGE: “Do you understand the charges against you?”
YOU: “No your honour I don’t. I need you to answer a couple of questions. I need to understand the nature and cause of the charges against me. Is this case going to be heard under a civil jurisdiction or a criminal jurisdiction?”
JUDGE: “Criminal.”
YOU: “Thank you your, honour let the record of this court then show that this action against me is a criminal action. Now I have another question. Your honour the constitution grants this court two different criminal jurisdictions; one is a criminal jurisdiction under the common law and the other is a criminal jurisdiction under admiralty, or military tribunal venue from Article 1, Section 8, Clause 17 of the constitution. In which of these two criminal jurisdictions does the court intend to try me?”
JUDGE: “If you don’t understand the law you need to hire an attorney.”
YOU: “Thank you your honour but I don’t think 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 legal intent. I have the right to appear as myself in my own person without a licensed attorney and in order to intelligently defend myself, I have to know under which jurisdiction that this court is operating, because the rules of criminal procedure under a common law jurisdiction are very different from the rules of criminal procedure under an admiralty, or military tribunal. I need to know under which jurisdiction you intend to try me in order for me to proceed with this case. 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 your duty, therefore will you please answer the question so this court is properly identified.”
JUDGE: “This is a court of a statutory jurisdiction to the laws of the state of (whatever state you’re in).”
YOU: “Thank you your honour, let the record of this court then show that it intends to conduct a criminal action against me under a statutory jurisdiction. But your honour that raises another question; I have never heard of such a thing as a criminal action under a statutory jurisdiction and there’s no such reference in the constitution. I would be happy to accept this your honour if you could please tell me where I could find the published rules of criminal procedure under a statutory jurisdiction and where this nature, cause and jurisdiction information exist. It is imperative that I have the published rules of procedure so that I may conduct a fair defence in a fair trial.”
JUDGE: “Look I’m just gonna enter a plea on your behalf and set a trial date, I enter a plea of no contest.”
YOU: “Your honour I object. For you to enter a plea on my behalf is practicing law from the bench because offering a plea is my or my attorney’s job. For you to make a judicial determination that I am entering a plea of no contest would result in the court treating me as though I had plead guilty which I do not consent to as the court is trying to constrain me to an unfair plea choice in the absence of my understanding the nature and cause of the charges against me which. I make a motion that the plea may be withdrawn and this case be dismissed because the court has failed to identify a legitimate jurisdiction.”
JUDGE: “I deny that motion, your trial date will be (such and such a) date.”
YOU: “Your honour, I would like to request that we set a motions hearing prior to the trial date, as I must resolve some pivotal key issues in order to continue and these motions must be heard prior to the trial so that I can properly defend myself.”
And remember at emotions hearing you cannot be found guilty but the case can be dismissed. Either way when the motions are heard, they must each stand on their own and be heard and ruled separately from the rest, don’t just hand over five motions and let the judge say all are over-ruled, make him rule on each one individually.
Now this is all great for those of you from the US, but for those of you from the UK, Australia, rest of Europe, or wherever you come from, you must be wondering how does Article 1, Section 8, Clause 17 of the American constitution, or their 6th amendment help you? Which is exactly what I’m wondering too... So I'd love to hear from anyone who reckons that this tactic can still be used in other countries (especially in the UK) without the backing of the latter article & amendment, but backed by other equivalent articles and, or amendments belonging to other countries where this tactic may also be used once adapted.
Last edited by
VisuJulz on Thu Jul 19, 2012 12:14 am, edited 4 times in total.