You mentioned that you went to court today on a traffic ticket. Where did you go to court? What crime have they accused you of?
Here is how to win:
Lawyerdude: 541 476 8954
Lawyerdude1989@yahoo.com Click here to go to my links at bottom of page. Jan 7, 2006.
This page is
http://www.lawyerdude.netfirms.com/7260.html
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Big Fat Total Explanation of How to Win Your Case!
Step-by-Step Instructions How to Win without a trial!
Empower Yourself!
Embrace your Case!
Lots of Links to Winning Motions.
Copyright. 2005. Attorney Douglas Palaschak. Lawyerdude is a trademark/ service mark of Attorney Douglas Palaschak.
You may reprint / repost this page if you leave the links intact.
1. If I can boil it all down to one word: Demurrer:
http://lawyerdude.8k.com/5736.html I have never lost with a demurrer! Well, I may have lost the demurrer in the Extradition case but I won at trial:
http://www.lawyerdude.netfirms.com/5918.html .
2. You must try very hard to win your case before even making a plea. The trial is merely a legal formality before the hanging.
3. The first thing that anybody needs in a criminal case is the police reports. The second thing is a list of the charges. Print out each of the statutes that you are charged with offending. Often the remedy will pop into your head in the form of “Hey, I didn’t do that!”
4. Let’s use a basketball analogy: Generally the goal is to try to keep dribbling until you get a good shot; similarly you schedule a motion each month until you find a dead-bang-winner motion. Or you could use a poker analogy: In a poker tournament you must learn to fold over 90% of your hands - until you have a winner; similarly you will fold/ vacate on most of your motions when you get a getter motion. You can read how this worked on in Charlie’s case:
http://www.fu.gq.nu/charlie.html
5. Challenge the “pocket warrant/ pocket summons:
http://www.fu.gq.nu/6947.html How convenience it would be if you could hand out a summons immediately whenever a person would injure or offend you. Well, this is just what cops to. They give you a summons before there is even any case pending. That’s an unfair advantage. At the scene of the car crash you should be able to hand the bad driver a summons to appear in court. Instead you must go find a lawyer and have him do it and take 1/3 of your money. But the cop gives you a summons right at the scene of every ticket. Well, hey, News Flash! What the cop gives you can’t be a summons because there has not been any case filed yet! I wrote a motion in that regard. Although legislature has given then the apparent authority and the petty traffic commissioners haven't a clue, we nonetheless have supervening constitutional rights. Also, what is sauce for the goose is good for the gander also. That is why I turned the tables by writing an "Instant Summons" for you to give to the cop. Then he may astutely observe "Hey, you can't give me that summons until you have filed in the federal court!" To which you would reply "And you cannot begin a case in state court! Only a prosecutor can prosecute a crime, misdemeanor or infraction!" Here is that summons if you want to put some copies in your glove box:
http://www.lawyerdude.netfirms.com/6091.html Incidentally the Supreme Court has ruled regarding "pocket warrants" in the context of taxes a year ago in the Bob Schulz case. In Minnesota traffic court I argued that issue. Here is that motion:
http://www.fu.gq.nu/6947.html I found a big fat article about "pocket warrants:
http://www.lawyerdude.netfirms.com/6918.html
6. Often there will be no complaint. Often the complaint will be unsigned - or “signed” with a rubber stamp. That is objectionable. Often there will be a complaint signed by a mysterious mystery person, maybe a police liaison. Often it will be signed by a prosecutor. That is statutorily permissible but not under common law. Object. It should be “an information” in such case. Theo did a good motion regarding the specifications for a complaint. They are in the penal code. Remind me. I will find it. You may want to demand a grand jury. Overturn Hurtado. It is ripe to be overturned.
http://www.lawyerdude.8k.com/Hurtado.html
7. The key is writing good motions. I show you how with copious illustrations in “Motions 101":
http://www.lawyerdude.netfirms.com/6025.html
8. Usually you will file a medley of motions over a 6 to 12 month period. The motions may be in an order like this:
a. Bail reduction motion. Actually this is one thing that public defenders can actually do!
b. Demand for effective assistance of counsel ala Harrison Cronic
http://www.circuitlawyer.8m.com/5698.html or Strickland
http://www.circuitlawyer.8m.com/5699.html .
c. Demand to speak for yourself: Faretta, Marsden motions.
d. Discovery motion; don’t plea until you have discovery.
http://www.lawyerdude.8k.com/6315.html
e. Challenge to court jurisdiction also known as Skateboard or Humvee Motion in the form of a demurrer
http://www.fu.gq.nu/6756.html They are all listed at the foregoing link and here is that list:
i. Cadillac Motion from Steve Laubly:
http://www.laubly.com/cadillac.htm
ii. Skateboard Motion from Charlie Sprinkle. This motion has never lost !
http://www.lawyerdude.s5.com/6393.html
iii. Skateboard Motion improved by Theo. He won !
http://www.fu.gq.nu/theodem.html
iv. Humvee Motion by Cyril. Beautiful motion that has won so far: :
http://www.fu.gq.nu/6974.pdf Must click through the Humvee motion to get to it.
v. Humvee motion converted for use in all states:
http://www.fu.gq.nu/humvee.html
f. Overbreadth Motion in the form of a demurrer. Discussed below.
http://www.lawyerdude.8m.com/5409.html http://www.lawyerdude.8m.com/5428.html I have some overbreadth motions. Let me know if you cannot find them. My sleeping in a car motions is an overbreadth motion.
g. Demands for a free e-transcript of the arraignment and every hearing since then. See my pages regarding Griffith v Illinois and MLB v SLJ. They are both Supreme Court cases regarding transcript. Google for em. Also:
http://www.lawyerdude.netfirms.com/shelton.html
h. Motion to Suppress Evidence - which you will appeal before trial if you lose. Discussed below. Your dead bang winner motion will usually be a motion to suppress evidence !
i. A right2drive motion:
http://www.lawyerdude.8k.com/right2drive.html
9. Please observe that the case is best won BEFORE you even plead not guilty! If your public defender has already pleaded then move to withdraw the plea because he did not have authority from you to plea! Motion to withdraw is common law but also statutory in California at PC 1018 as I recall. Also you may file an application for Writ of Error Coram Nobis:
http://www.lawyerdude.8m.com/392.html
10. I may perfect this page some day. Until then, you may have questions. Do not hesitate to call me day or night. 541 476 8954. I work late. Or email me:
Dlawyerdude1989@yahoo.com My phone number and email may have changed by the time that you read this. You can find the new number on newer pages. See the 4 digit number in the upper left hand corner? That is the serial number. Later serial numbers have updated phone numbers. This page was written on Jan 2, 2006.
11. On this page I may mention a page without linking to it. However, the link will usually appear in my list of links at the bottom of the page. Some day I may perfect this page by adding more links at the right place. Until then, please take a look at all the link at the bottom of this page. I wrote em for you!
12. If you have a public defender or a real lawyer or if you are in jail, then tell em what the Lawyerdude Standard is:
http://www.circuitlawyer.8m.com/5635.html
13. Here are some “dead bang winner” motions that won drunk driving cases in Seattle and California:
a. Dead bang winner motion: Forrest Bishop motion:
http://www.fu.gq.nu/6751supp.html
b. Dead bang winner motion: Buzz Vieau motion:
http://www.lawyerdude.s5.com/5790.html
c. These motions won for Charlie although he never did have a hearing on the motion. Take a lesson: You can win better without having a hearing! Give the overcrowded court enough time a rope to screw up its own case. Just play along until you win by attrition. That is the main plan! :
http://www.lawyerdude.netfirms.com/5686.html and
http://www.landrights.com/The%20Char...ler%20File.htm http://laubly.com/charlie.htm
14. Here is a list of the twenty or so most frequently used motions in a criminal case:
http://www.lawyerdude.8k.com/motions.html
15. Find book of criminal motions in the law library. How do you think that I learned to do this stuff? I learned from a book of motions. Also, read my fat web page with illustrations of the elements of a criminal motion:
http://www.lawyerdude.netfirms.com/6025.html
There is more but this message box only holds so many characters. Click on the link at the top to read the entire version on my web page.