Discussing Jurisdiciton with the judge

I am going to court next Monday, 11-08, I am charged with giving incorrect ID to police, also DWLS or revoked, etc, I am going to ask the judge if I am in a judicial court and ask for a yes or no response. Then let the judge know that there are only 3 kinds of courts, Admiralty, Equity, or Common Law. After being on this forum and checking out alot of things, I am hoping to stop the proceedings in the front of it. I know I am going to get alot of flack from the prosecutor of course because she/him has to establish proper jurisdiction since they allowed me to be charged. I talked to an attorney who is one of the statutory guys who said blah blah, the supreme court said you now have to give an officer your id or you are guilty of a crime. They had a complaint misdemeanor signed by a magistrate (who supposedly has the power of a judge now) and another officer. They stopped me driving 35 mph and said in the wrong (far right) lane of a 5 lane hwy. The cour appointed Atty says they will drop DLS and give me the Incorrect ID without jail time. Any feedback?

[rushpat]

Can someone remind me? Do you invoke a judicial court by asking the 3 questions about a judges oath? If he refuses or beats around the bush, what is the appropriate response?

[KaosTheory]

Lav,



From what I've read, it seems like you are on the right track so far. Did you reserve any rights on the citation? Just keep looking around on this site for more info. Don't plea until they tell you what the SMJ is. They are pretending to give you a fair trial and without knowing the SMJ, you can't defend your case. How can you? You don't understand the nature of the charges yet. You can ask them if you are going to get a fair trial right off the bat and then ask about SMJ. That way you can catch them in a contradiction when they refuse to tell you.



Rush,



The way I understand it, you have to find the Judge's Oath of office and file it into the case as evidence. It has to be an actual certified copy though. Then you have to ask him to take judicial notice of it at the trial. Have you listened to John Jennings audio seminars yet? It's in there in great detail.

[Logan]

Lav,

For goodness sakes, do NOT argue anything!. If its one thing I can offer, its my mistake. They may ignore everything you state and disregard your paperwork and tell you that the burden of proof remains with you to explain your paperwork. If you argue, you give them license to procecute. Not to mention that when you argue you take on the burden of proof for the explanation.

Refuse all offers of contract until SMJ is established and evidence of a claim is presented and try to answer every question with a question. I was overwhelmed by how prepared my court clowns were for my paperwork and questions, and I was SO easily tricked into arguing.



I wish you the best of luck and hope that my negative experience might help you.



Logan



P.S. Have you read every post in the court thread section yet? There is alot of info there, and in the others.

My coworkers and boss are always chiding me on how long I am at my computer just reading posts.

[scottinalaska]

Lavender,

It goes like this:

J:Do you understand the charges against you? or How do you intend to plea?

L: <font color=red>No, your honor(kiss butt if you want) Before we can proceed or I can plea, I have a couple of questions: I do not understand the nature and cause of this action against me. [/color]

Hopefully he'll agree to answer any questions at this point

L: <font color=red>Is this going to be a civl action or a criminal action?[/color]

Likely he'll say criminal, but if he says civil, then...

L: <font color=red>Thank you, Let the record of this court reflect that this is a civil action. Your honor, since this is a ciivil action, I make a motion to dismiss for lack of a sworn complaint by an injured party and no injured party is present.[/color]

but likely -

J: Criminal action!

L: <font color=red>Thank you, let the record of this court reflect that this is a criminal action. Now I have another question. The Constitution grants this court two different criminal jurisdictions. One is a criminal jurisdiction under the common law and the other is a criminal jurisciction under admiralty or military tribunal venue from Article 1 section 8 clause 17 of the Constitution. In which of these two jurisdictions does the court intend to try me? [/color]

Now don't let the judge say "The state is the injured party." If so, then you need to make a motion to dismiss:

L::<font color=red>Your honor, we must be in the wrong court, if the state is a party to the case it cannot be both the judge and prosecutor. This case needs to be transferred to Federal Court or dismissed.[/color]

If the J says to get an attorney, your response:

L: <font color=red>Your honor, I am not seeking legal advice, only legal intent. The Constitution allows me 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 this court is operating under. Because the rules of criminal procedure under a common law jurisdiction are very different than rules of criminal procedure under Admiralty or military tribunal. I need to know under what jurisdcition you intend to try me in order 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. are and I do not think you would be violating your oath office for doing your duty. Therefore, will you please answer this question so this court is properly identified?[/color]

He may chase "Statutory Court" Sorry, not found in the Constitution!

Well, there is a start for you Lavender.

scottinalaska

[Akira]

lavender,



Everything you need can be found on this site... somewhere... lol



Homework... much homework...



Make sure you define & thoroughly understand Subject Matter Jurisdiction & testimony. These are your initial weapons



Look up your states definition for the statute you alledgedly violated, and get the definitions <u>from that section of statues</u> for words like person, driver, motor vehicle, and operator. (most states have this online)



Since Operating after Suspension or Revocation is a crime... check out your states Rules of Criminal Procedure, to get an idea of what they need and what to expect, procedurally.



Do NOT hire an attorney, this makes you incompetent and gives them jurisdiction automaticly..



Check out the threads on Oath to the Constitution and Oath of Office. It is best if you have copies (call the court and get the judge's name) which are usually found at your Sec. of States office..



You are going in to offer a plea on Monday. your trial will be later... It's too late to get copies of the oathes now... just make sure to do it for the trial...



Instead you can ask him the 3 questions..

Did you take an oath? Do you have a current oath on file? Will you (this court) take judicial notice of your oath? (if you have a copy, he HAS to say yes)



When you go to court "pro per" as has been suggested by others in this thread, you deny the court SMJ. If/when you do, they will be all over you, and have many tricks they can play.. expect it.



Insist on discovery BEFORE you plea ! How can you possibly plea if you haven't seen the charging docs (complaint) or the affidavit submitted by the 3rd party witness? (If these are missing, they don't have SMJ or a case!)



To be blunt.. it is so late in the game... unless you have been reading posts for several months... you should probably just go in and plea... and concentrate on preping for your trial.



Oh.. and Hibbel v. Nevada says you only need to give ID if you are suspected of commiting a crime. You apparently gave an incorrect one... an entirely different situation..



For HIS Glory,

Akira

[Camino]

Greetings lavender..



Here's my opinion. Some possible tactics to consider.

When you get to court they already have you for breach of contract. You accepted the summons. You should have mailed the summons back when you got home stating that the person named on the summons is NOT YOU and it is illegal for you to keep legal papers not addressed to you. The name on the citation is your ALL CAPS NAME a legal fiction. This you way void the contract offer BEFORE you have to go to court. You have not made appearance to be the name in the citation.

Anyway you are going to court..... So when the Thug in Black Robes calls your name (your turn in the docket) ..... you say WHICH ONE? (Lets have some fun with these Thugs) Remember the name on the citation is not you (It's your ALL CAPS GUY) a legal fiction. If he asks you your name, tell him that before you can answer you need the judge to verify if the court accepts hearsay testimony. He has to say NO. Then you tell hiim I can't give you my name. Your parents named you so only they have first hand knowledge of the facts of your name. You will be obeying the law and the Thug in Black Robes can't do a damn thing about it. If he asks you what name you go by ask again which one? For example. What does your mother call you? Say "lazy" If he says what does your father call you? tell him "useless". If he asks what your wife calls you? Sayl "honey". All I am saying is have some fun with the jerk. Think up some good ones. I like this one "my ex wife calls me that rat bastard". If you think about it they cannot get you to give your name so they cannot proceed. It's all about making appearance as the fiction. Since you have not made appearance for the legal fiction which is THE ALL CAPS GUY they have no Subject Matter Jurisdiction as they cannot proceed against a flesh and blood man or woman they can only go after the fiction.

Good luck

Cheers....

[re-ality]

Lav,



Camino wrote it, I could not have put it in better words, however,to add, as soon as you pronounce your name, that is the split second that all of there exponential assumptions stick to you the real man, including going from an offender to a defendant, all that invitation that you got was to see if you the real man were going to perform after you received that offer= offer and performance=contract. They want you to go to that court and recognize the accuser. Do what your heart and God tells you to do, I can tell you truthfully that i have not been in your situation, however in my opinion, the most important thing to NOT do is give up your name in that court.......all the opinions in this thread are good, however some take more time and practice then others, keep this in mind, also go in that court room and stand tall and know who and what you are, prey before you go in, and go in and do what your heart tells you.....stay blessed hope this helps



Camino, great post!!!

[EnSabahNur]

I'm more curious about what the incorrect I.D was?



How about a brief of the incident.

[KaosTheory]

Camino and Reality,



I'd like to read your court transcript to see exactly how you used your tactics. I'm just curious what the judge said to you when you raised the issue of misidentifiication.



KT