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Friday, February 10, 2017

Government is supposed to protect rights, not grant them.

Freedom from Government 

Government is supposed to protect rights, not grant them.



New Court Strategy For The WIN!
“The privilege against self-incrimination is neither accorded to the passive resistant, nor to the person who is ignorant of his rights, nor to one indifferent thereto. It is a FIGHTING clause. It’s benefits can be retained only by sustained combat. It CANNOT BE CLAIMED BY ATTORNEY OR SOLICITOR. It is valid only when insisted npon by a BELLIGERENT CLAIMANT IN PERSON.” McAlister vs. Henkel, 201 U.S. 90, 26 S.Ct. 385, 50 L. Ed. 671; Commonwealth vs. Shaw, 4 Cush. 594, 50 Am.Dec. 813; Orum vs. State, 38 Ohio App. 171, 175 N.E. 876.


When playing chess, sometimes it makes sense to sacrifice a queen if it puts you in a position to win.

The point of the game is to win, not to collect pawns, points or a score.

I used to go to court and get jammed up initially because I would try and make the prosecution answer questions about status and standing. When I would answer the plaintiff or prosecutor directly, and what I didn’t realize was that my answers were essentially a non-sequitur and put me in dishonor which was really irrelevant and counter-productive to the point where the judge would actually tell me that “we’re not here for that”. Which was just a kick in the shins when I realized that the judge was right, we are not here for that. The reason that we are not here for those arguments, is because we had not given the court notice that we had wanted to talk about those things.

This is where the “Notice of Appearance” (or Notice of Visitation) comes into play. You need to give them notice of the things that you want to talk about so that they are on the same page as you are.

There are two different trains of thought that I have when I am in the courtroom. The first is where I want to ask about status and the second is if the prosecution has filed a claim upon which relief can be granted. These type of issues should not be brought up at arraignment without first giving the court notice that you are wanting to discuss these things. They automatically presume that you have waived those things or that they don’t matter to you because you never brought them up in the proper way.

These issues that you want to bring up with the prosecution are things that should go into your notice of appearance which you send to the court ahead of time. When you do this, you can then address the plaintiff or the prosecutor directly with the matter at hand that they wrote, and then you stay in honor along with providing the court your side of the case. These conversations tend to be a lot shorter as well when done properly.

You want to catch them with their own rules and win because they didn’t do something that was required, rather than forcing them to do something that they can’t do… which will always be a tougher uphill and unsustainable fight.

It helps if you have authenticated the BC, but this is not necessary. The beauty is that you can handle your status at the last minute. And I have been eyeballs to eyeballs with judges and I can promise you that there really is something to what I am about to express to you. So, when the judge calls the name, I say “I am here on that.”, so essentially I am kind of taking a step back in the conversation figuratively, while also compelling the judge to say more. He will likely raise his voice and say “are you JOHN DOE OR NOT?!?!” It may not be so intense but you know we have all seen the judge white knuckling it trying to get you to admit to being the name, right?

Following Gordon Hall, and contract and understanding language I will say “I am John Doe, as long as it doesn’t give you the idea that I have agreed to joinder or surety to a fiction.” In other words, I am taking control of it. He KNOWS he needs the trust all caps nonsense, but I make sure to say when I use that word, this is what I mean by it. We clarify what that name means when we use it, which forces him to do one of two things; either he will have to explain in detail what the name really means (which is impossible), or he has to let you have it. And they do, they let you have it. So I say, “As long as it doesn’t give anyone the idea that I agree to joinder or surety to a fiction”.

What will happen at this point is that the judge will stumble along and respond one of several ways. He will probably say something like: “what do you mean by that?” In other words, you got him and he is now trying to fix it. So then we shift gears and handle how he is trying to fix it.

Another thing they will try is to give you a command addressing you as “Mr. Doe”. We have all seen how they will address you as “Mister” even when you ask them not to. As a matter of fact I have a recent video on my YouTube channel where the defendant asks the judge to please not address him as “Mister” and then he does it again not more than a minute later! If you don’t catch them when they call you “Mister” and correct them you end up acquiescing to a lower position and they get you that way. So, what we do is we clarify this up front and redefine it from the beginning and nip that whole Mr. Mister game in the bud from the get-go. Say: “The same terms and conditions apply to Mister.” Now, whenever he uses it, it does not give him joinder or surety to the fiction. As a matter of fact, the judge can use that title now without it doing you any harm!

Just tell them that the same terms and conditions apply to the name as they do to Mister! In other words, when you use that word, you are talking to the Man… I don’t know about this other stuff.

Now let’s skip over the rest of the hearing because there is a way that he will get you later on as far as status with the person and the “Mr.” and all that. What he will do is go on and on about this and that and tell you all about how what you are trying to do is this or that. But you have to pay close attention because at some point he will bury the needle in the haystack so to speak and he will talk about representation. It will likely go something like: “Whenever someone is not represented by an attorney, and representing themselves such as you are…” then x,y,z. In other words, he is slyly implying that you are “representing yourself”. This may not sound so bad until you look up the definition for “represent”.

You need to respond to this accusation that you are “represented” or he will have acquired your consent unwittingly. So you respond with “I am not representing myself, I am myself.”

By accepting representation you are essentially giving up your inheritance. “7. To stand in the place of, in the right of inheritance. “ (https://1828.mshaffer.com/d/word/represent)

This is also why he may be ok with letting you do some of this stuff at the beginning, he knows that he always has that “represent” card up his sleeve.

Also, it likely will not be enough that you only say it once because you have to show that you have conviction. Once is an accident, twice is a coincidence, and three times is a pattern. They will capitulate the third time.

In the 1828 Noah Webster’ dictionary refusal is defined as: “1. The act of refusing; denial of any thing demanded, solicited or offered for acceptance. The first refusal is not always proof that the request will not be ultimately granted.“ (https://1828.mshaffer.com/d/word/refusal) Pay particular attention to that second sentence.

But the judge still has another ace up his sleeve. How they will usually ultimately get out of it is to tell you that they will have your decision in a week. What they are doing is asking you for your permission for them to use general discretion. (Black’s 4th 1968 / Pg 523 – DISCRETION. Power or privilege of the court to act unhampered by legal rule.)

Respond by saying: “Very well your honor but I object to general discretion and I want the decision based on the facts as they have been expressed (as opposed to presumed) here today.”

For the notice of appearance, you need to say two things:

1) I am unrepresented, not politically affiliated (essentially status information).

2) I am not an expert in law. (You have to say this because all the presumptions are in favor of the one who is well versed in law. For example, if you go silent they will presume that you do it deliberately or willingly unless you are not an expert in law.)

There is a common misconception in the liberty movement and that is that the word “understand” means to “stand under” their authority or what they said, but I am not convinced that this is the case. If you look up the word “understand” in the Noah Websters 1828 dictionary you will see a bunch of definitions for “understand”, one of which is: “12. To know what is not expressed.” (https://1828.mshaffer.com/d/word/understand)

So, when he asks if you “understand” him, he is really asking you if you know what has not been expressed. But if you say that you “don’t understand” he will act like it means the general definition and public’s understanding of that word. He will say “Well, what is it that you don’t understand?” How can you possibly understand what has not been expressed? To answer the “Do you understand?” question, I believe that it would be safe to say: “To some degree I do, but not completely because I can’t know everything that is in your mind.” You don’t want to respond in a way that puts a padlock on it up to that point. You also need to remove any agreement that you have implied up to that point.

At this point, I must tell you to make sure that you don’t push it too far or get into irrelevant topics. We want to avoid being made a ward of the court and having them assign an attorney to us, or even worse if you push it too far they may order a mental evaluation onto you.

You know that these judges sit around and have the same kind of conversations that we do, except they are discussing how to keep us in their system, while we are discussing how to withdraw from it. Sometimes it helps to look at the chessboard from the other side’s perspective.

You can expect the judge to eventually likely go off on a monolog and a tangent to move you away from that topic.

Let’s talk about shifting the burden. The good thing about the “Notice of Appearance” (or Notice of Visitation) is that it is not to the prosecutor or plaintiff, but to the court. You give them notice that you are going to be making a special appearance as a visitor. Because a visitor according to Websters 1828 is: “2. A superior or person authorized to visit a corporation or any institution, for the purpose of seeing that the laws and regulations are observed, or that the duties and conditions prescribed by the founder or by law, are duly performed and executed.

The king is the visitor of all lay corporations.” (https://1828.mshaffer.com/d/word/visitor)

Effective shifting of the burden will require that you inquire from the court if the plaintiff or prosecutor has filed a claim upon which relief can be granted. I am coming in to ask that question before we go any further. And what isn’t going to happen this time is we are not going to hear “We are not here for that” because we ARE HERE FOR THAT.

So you would say: “Your honor, did you get my notice of appearance? Because that’s where I told you what I am here for. Do you have a rebuttal for my notice of appearance? Because I never got one and it seems to me that if I didn’t get a rebuttal to my notice of appearance then that must be what we are here for.”

To be able to explain, and understand (pun intended, lol), and deflect the “we’re not here for that” statement put forth by the judge, you have to know why you are there, and you have to have provided notice to the court as to why you are there as well.

The plaintiff has entered paperwork to the court and that is why he is there. He can’t enter in documents or papers that don’t have to do with why he is there. They can’t see anything outside of what is brought in by either side of the court. So, we do the same thing. We let them know specifically why we are there as well. Like the two sides of the chess board. The game is not able to be played without each side having their pieces on the board. The prosecutors side is only half of the whole story. It is up to us to tell our side so that we figuratively have all of our pieces on the board.

Conversely, once all of the pieces are on the board, there is no bringing in new pieces. In other words, we can only talk about what we brought in. We can only use the pieces on the board. That is exactly what that is if you have ever hear the prosecution say: “Objection, your honor that is outside the scope of the pleadings.” Which means that you didn’t bring it in, you can’t bring it up now. We don’t want to ambush them, an ambush will not work.

So essentially we want to know if the prosecution has stated a claim for which relief can be granted, and if he hasn’t, we need to know. So you ask the judge: “Has the plaintiff/prosecutor filed a complete claim upon which relief can be granted?”

Would the defendant be obliged to respond to anything that is not complete? And guess what the funny part is… they can NEVER file a claim upon which relief can be granted. Checkmate. But what they get you to do is argue back, and then they gotcha and they can skip past that.

So when we go in, it is appropriate to ask that question because we have laid the foundation by giving them notice. This also means that you never have to say anything that might trip you up.

Ask again: “Have they done that?” The judge will say: “no” (or if he says “yes” then he is full of shit) and he relies on a refusal. So that brings us back to “The first refusal is not always proof that the request will not be ultimately granted. “

So if the judge says that the prosecutor HAS filed a claim upon which relief can be granted, that is kind of like they are REFUSING your claim. You need to get them to refuse it three times. Make sure to not get excited about it though. Just run the same request again, twice.

NEVER again accept the first refusal or denial. Once is an accident, twice is a coincidence, three times is a pattern. You simply MUST get to three when being refused in court. How many times have you seen one refusal or denial destroy an argument? I have seen it plenty of times, and all they needed to do was ask two more times to be certain. And you know the absolute worst thing about accepting the first refusal is that you are led to believe that you were wrong and it really just simply defeats you. Look at it this way, you will NEVER be right the first time in any court. You have to do it three times to be right.

You need to have conviction. This is a fight, it is a battle. It is not a time to throw everything at the wall just to see what sticks because you heard it on the internet. This gives them a way to separate the wheat from the chaff, the serious and knowledgeable from the weak and fearful.

Intent is truly the spirit of the law when you have said it three times and have come back with conviction and you really intended it. You didn’t say it on accident.

So when the judge says that the prosecution HAS filed a claim upon which relief can be granted, you say: “Well, your honor I have inspected the file, and I don’t see a corpus delicti. Not only that, but no one has come forward with a first-hand claim that they have been injured. Would you happen to have that in YOUR file?”

Where exactly is the corpus delicti? Where is the injured party with a first hand claim of injury? Can you show me that?

And then no matter what he says… yada, yada, yada, lecture, etc.

You Say: ” I want you to say, for and on the record that there is an injured party, that there is in fact a corpus delicti that you know of for a fact and you have taken judicial notice of.”

When he tries to wiggle out of it, you say it again… I want you to tell me “YES” there is in fact, for and on the record that there is an injured party, that there is in fact a corpus delicti that you know of for a fact and you have taken judicial notice of… and when he tries to wiggle out you do it a third and final time for the pattern.

It is also imperative that you reduce the answer to a “yes” or “no” answer so there is nowhere to go. He is unable to evade you. Either there IS or there ISN’T. Period.

Here is a sample of a Notice Of Appearance to get you going and also if they ever happen to actually find an injured party, we will cover that type of situation in an upcoming article when we get to the “Bill of Particulars”. If you have read this far I congratulate you. Just to be able to comprehend what is written here is so valuable. While we are on the topic of value I want you to know that there are people out there who would charge you a thousand bucks for this information, but I have chosen to gift this to you free of any charges. I am working on doing some incredible things in this world, but I need your help. Please visit http://shop.freedomfromgovernment.org and if you have the means to be able to purchase a product that I have available there it will go a long ways in showing me that you support what I do and how much my work means to you. We have items priced as low as $0.99 cents so we are also really not asking for much. But on the other hand, we have some big plans and are in need of some investment capital. If you are interested in helping us further our mission and possibly supplying us with some investment capital that would be repaid quickly, we would be extremely grateful. You can use this link to contact us if you are able to support us in this fashion and to learn about what we have planned. We only need about $5K to give us the boost that we need. Thank you so much for your support, and God bless you.

Peace be with you, and please feel free to share this article if you found it helpful.

(Visited 2,241 times, 1 visits today)
Posted on January 28, 2017
Categories For The Record, Notices, Strategy
Tags appearance, claim, corpus delecti, court, defendant, granted, notice, plaintiff, prosecution, refusal, understand, upon which, visitation, win
6 Comments on New Court Strategy For The WIN!
SIMPLE DRIVING OR TRANSPORTATION CODE OFFENSE ANSWER AND RESPONSE

SIMPLE DRIVING OR TRANSPORTATION CODE OFFENSE ANSWER AND RESPONSE
By Neil Rowe P.A.G.; Professor of Law

No, I’m not going into to traffic court and arguing illegitimate corporate government, or any of the other varied long winded arguments people and persons propose. Just not interested in approaching it that way for reasons of my own. What follows is my standard template for transportation code or driving offense charges and I’m retiring from answering any more questions related to traffic tickets, until and unless you can quote this back to me verbatim and understand it and still have a problem, moving on to more important issues and frontiers in law. Yes, I could use dozens of additional citations, and you may add them and over complicate matters if you choose, I just don’t think it’s necessary to go into much more detail. Keep it simple stupid.

Submitted to the Public Domain without copyright. Copy and share.
________________________________

Notice of and Motion for Bill of Particulars and Discovery Request for Brady Material In Answer and Response to Inadequate Notice and Defective Service of Process by Complaint or Information that Fails to State the Requisite Jurisdictional Elements of a Valid Cause of Action and Controversy of Both Fact and Law Required to Establish Personal Jurisdiction

Proposed Jury Instructions

COMES NOW the accused defendant herein named by special appearance in Pro Se, by liberal construction waiving professional rules of pleading practice, and for his preliminary Answer and Response, Discovery request for Brady Material and Motion as styled and en-captioned above, by his own hand and under oath affiant shows this honorable court and states as follows; To Wit:

Based Upon information and belief, affiant states:

1. THAT the undersigned writer is charged in the instant action and proceedings with a Transportation Code or Driving offense.

2. THAT Federal and State statutes and provisions of law narrowly define “Driving” as the professional commercial activity of “transporting persons or property for profit.”

3. THAT Federal and State statutes and provisions of law defining the elements of “Driving” omit “traveling for recreation or pleasure,” the writer contends, because ‘A Citizen must be free to travel throughout the [several] United States uninhibited by statutes, rules or regulation.’ (Shapiro v. Thomson, 394 US 618, 89 S. Ct. 1322 ( )); “No State government entity has the power to allow or deny passage on the highways, byways, nor waterways… Travel is not a privilege requiring licensing, vehicle registration, or forced insurances.” (Chicago Coach Co. v. City of Chicago, 337 Ill. 200, 169 N.E. 22). “As has been well said in the case of Ex parte Dickey (W.Va. 85 S.E. 781): The right of a citizen to travel upon the highway and transport his property thereon, in the ordinary course of life and business, differs radically and obviously from that of one who makes the highway his place of business and uses it for private gain, in the running of a stage coach or omnibus. This distinction, elementary and fundamental in character, is recognized by all the authorities.” (Thielke v. Albee, 79 Or. 48, 153 P. 793); “It is to clear for the purpose of extended discussion that it was competent for the legislature under the police power to regulate the use of the streets and the public places by jitney operators, who, as common carriers, have no vested right to use the same without complying with a requirement as to obtaining a permit or license. The right to make such use is a franchise, to be withheld or granted as the legislature may see fit.” (Fifth Ave. Coach Co. V. New York, 194 N.Y. 19,86 N.E. 824, 21 L.R.A. (N.S.) 744, 16 Ann.Cas. 695; Dill. Mun. Corp. 1210, 1229); “[W]hile a citizen has the right to travel upon the public highways and to transport his property thereon, that right does not extend to the use of the highways, either in whole or in part, as a place for private gain. For the latter purpose no person has a vested right to use the highways of the state, but is a privilege or license which the legislature may grant or withhold at its discretion…” (State v Johnson, 243 P. 1073, 1078. (For further distinction between traveling and transportation, See : Barney v Board of Railroad Commissioners; State v City of Spokane, 186 P. 864.; Ex Parte Dickey (Dickey v Davis), 85 S.E. 781.; Teche Lines v Danforth, 12 So.2d 784).

4. WHEREFORE the writer contents and asserts, based on information and belief supported by points in authority provided, that transporting persons or property for profit in commerce is a condition precedent and form the requisite jurisdictional elements of any transportation code driving offense.

5. THAT the Plaintiff officer by state attorney has failed by sufficient complaint or information to state or inform the accused defendant of the “person(s)” or “property” the accused defendant is accused of transporting, or for what “profit.”

6. THAT the plaintiff prosecution is required to inform the accused defendant of the essential elements of, and material facts alleged substantiating the crime as charged and to prove these same elements and material facts beyond a reasonable doubt or by a preponderance of the evidence at trial, and for this reason the accused defendant contends jury instructions must reflect the requirement that the prosecution plaintiff establish and prove the person(s ) or property that were transported for what profit, and who those persons or what that property transported for what profit was, with particularity.

PRAYER FOR RELIEF

WHEREFORE all the good and proper reasons stated, the undersigned accused defendant prays this honorable court grant the motion for bill of particulars, or provide discovery of the essential material facts constituting the driving or transportation code offense charged, and compel the plaintiff prosecution to amend defective information or complaint to apprise the accused defendant of the same so that he might reasonably respond or prepare his defense having notice of both the nature of, and, cause for the instant charges and proceedings as required by rules of substantive and procedural due process, or in the alternative quash the information or complaint for inadequate notice and defective service of process and dismiss the instant action and proceedings for failure to prosecute, and grant any other relief this court deems equitable and fair in good faith and conscience.

__________________________
Foot Note: I am not arguing against statutory authority. Travel is mentioned, but Statutory authority to regulate Transportation is accepted and acknowledged.

I am asking for fair and proper notice. The elements of driving are clear.

If charged with assault, how, by punching, kicking or slapping?


If contempt of court for disrupting proceedings, how? By what noise, outburst or disruptive behavior, specifically?


If murder, who, and by what means?


The prosecution must demonstrate the case he intends to put on, so the defendant is informed of the case he must meet.


Driving drunk? Driving on suspended?


Forget drunk, forget suspended…


How driving?


It’s simple calculus.


And with that having been said, I’m charging for the next question.

Dedicated to my parents, who took a clever little six year old intent on being the worlds greatest liar and cheat, and changed the course of his life by paddling his behind, conditioning him to study instead and violently hate liars and cheats.









Freedom from Government 

Government is supposed to protect rights, not grant them.



New Court Strategy For The WIN!
“The privilege against self-incrimination is neither accorded to the passive resistant, nor to the person who is ignorant of his rights, nor to one indifferent thereto. It is a FIGHTING clause. It’s benefits can be retained only by sustained combat. It CANNOT BE CLAIMED BY ATTORNEY OR SOLICITOR. It is valid only when insisted npon by a BELLIGERENT CLAIMANT IN PERSON.” McAlister vs. Henkel, 201 U.S. 90, 26 S.Ct. 385, 50 L. Ed. 671; Commonwealth vs. Shaw, 4 Cush. 594, 50 Am.Dec. 813; Orum vs. State, 38 Ohio App. 171, 175 N.E. 876.


When playing chess, sometimes it makes sense to sacrifice a queen if it puts you in a position to win.

The point of the game is to win, not to collect pawns, points or a score.

I used to go to court and get jammed up initially because I would try and make the prosecution answer questions about status and standing. When I would answer the plaintiff or prosecutor directly, and what I didn’t realize was that my answers were essentially a non-sequitur and put me in dishonor which was really irrelevant and counter-productive to the point where the judge would actually tell me that “we’re not here for that”. Which was just a kick in the shins when I realized that the judge was right, we are not here for that. The reason that we are not here for those arguments, is because we had not given the court notice that we had wanted to talk about those things.

This is where the “Notice of Appearance” (or Notice of Visitation) comes into play. You need to give them notice of the things that you want to talk about so that they are on the same page as you are.

There are two different trains of thought that I have when I am in the courtroom. The first is where I want to ask about status and the second is if the prosecution has filed a claim upon which relief can be granted. These type of issues should not be brought up at arraignment without first giving the court notice that you are wanting to discuss these things. They automatically presume that you have waived those things or that they don’t matter to you because you never brought them up in the proper way.

These issues that you want to bring up with the prosecution are things that should go into your notice of appearance which you send to the court ahead of time. When you do this, you can then address the plaintiff or the prosecutor directly with the matter at hand that they wrote, and then you stay in honor along with providing the court your side of the case. These conversations tend to be a lot shorter as well when done properly.

You want to catch them with their own rules and win because they didn’t do something that was required, rather than forcing them to do something that they can’t do… which will always be a tougher uphill and unsustainable fight.

It helps if you have authenticated the BC, but this is not necessary. The beauty is that you can handle your status at the last minute. And I have been eyeballs to eyeballs with judges and I can promise you that there really is something to what I am about to express to you. So, when the judge calls the name, I say “I am here on that.”, so essentially I am kind of taking a step back in the conversation figuratively, while also compelling the judge to say more. He will likely raise his voice and say “are you JOHN DOE OR NOT?!?!” It may not be so intense but you know we have all seen the judge white knuckling it trying to get you to admit to being the name, right?

Following Gordon Hall, and contract and understanding language I will say “I am John Doe, as long as it doesn’t give you the idea that I have agreed to joinder or surety to a fiction.” In other words, I am taking control of it. He KNOWS he needs the trust all caps nonsense, but I make sure to say when I use that word, this is what I mean by it. We clarify what that name means when we use it, which forces him to do one of two things; either he will have to explain in detail what the name really means (which is impossible), or he has to let you have it. And they do, they let you have it. So I say, “As long as it doesn’t give anyone the idea that I agree to joinder or surety to a fiction”.

What will happen at this point is that the judge will stumble along and respond one of several ways. He will probably say something like: “what do you mean by that?” In other words, you got him and he is now trying to fix it. So then we shift gears and handle how he is trying to fix it.

Another thing they will try is to give you a command addressing you as “Mr. Doe”. We have all seen how they will address you as “Mister” even when you ask them not to. As a matter of fact I have a recent video on my YouTube channel where the defendant asks the judge to please not address him as “Mister” and then he does it again not more than a minute later! If you don’t catch them when they call you “Mister” and correct them you end up acquiescing to a lower position and they get you that way. So, what we do is we clarify this up front and redefine it from the beginning and nip that whole Mr. Mister game in the bud from the get-go. Say: “The same terms and conditions apply to Mister.” Now, whenever he uses it, it does not give him joinder or surety to the fiction. As a matter of fact, the judge can use that title now without it doing you any harm!

Just tell them that the same terms and conditions apply to the name as they do to Mister! In other words, when you use that word, you are talking to the Man… I don’t know about this other stuff.

Now let’s skip over the rest of the hearing because there is a way that he will get you later on as far as status with the person and the “Mr.” and all that. What he will do is go on and on about this and that and tell you all about how what you are trying to do is this or that. But you have to pay close attention because at some point he will bury the needle in the haystack so to speak and he will talk about representation. It will likely go something like: “Whenever someone is not represented by an attorney, and representing themselves such as you are…” then x,y,z. In other words, he is slyly implying that you are “representing yourself”. This may not sound so bad until you look up the definition for “represent”.

You need to respond to this accusation that you are “represented” or he will have acquired your consent unwittingly. So you respond with “I am not representing myself, I am myself.”

By accepting representation you are essentially giving up your inheritance. “7. To stand in the place of, in the right of inheritance. “ (https://1828.mshaffer.com/d/word/represent)

This is also why he may be ok with letting you do some of this stuff at the beginning, he knows that he always has that “represent” card up his sleeve.

Also, it likely will not be enough that you only say it once because you have to show that you have conviction. Once is an accident, twice is a coincidence, and three times is a pattern. They will capitulate the third time.

In the 1828 Noah Webster’ dictionary refusal is defined as: “1. The act of refusing; denial of any thing demanded, solicited or offered for acceptance. The first refusal is not always proof that the request will not be ultimately granted.“ (https://1828.mshaffer.com/d/word/refusal) Pay particular attention to that second sentence.

But the judge still has another ace up his sleeve. How they will usually ultimately get out of it is to tell you that they will have your decision in a week. What they are doing is asking you for your permission for them to use general discretion. (Black’s 4th 1968 / Pg 523 – DISCRETION. Power or privilege of the court to act unhampered by legal rule.)

Respond by saying: “Very well your honor but I object to general discretion and I want the decision based on the facts as they have been expressed (as opposed to presumed) here today.”

For the notice of appearance, you need to say two things:

1) I am unrepresented, not politically affiliated (essentially status information).

2) I am not an expert in law. (You have to say this because all the presumptions are in favor of the one who is well versed in law. For example, if you go silent they will presume that you do it deliberately or willingly unless you are not an expert in law.)

There is a common misconception in the liberty movement and that is that the word “understand” means to “stand under” their authority or what they said, but I am not convinced that this is the case. If you look up the word “understand” in the Noah Websters 1828 dictionary you will see a bunch of definitions for “understand”, one of which is: “12. To know what is not expressed.” (https://1828.mshaffer.com/d/word/understand)

So, when he asks if you “understand” him, he is really asking you if you know what has not been expressed. But if you say that you “don’t understand” he will act like it means the general definition and public’s understanding of that word. He will say “Well, what is it that you don’t understand?” How can you possibly understand what has not been expressed? To answer the “Do you understand?” question, I believe that it would be safe to say: “To some degree I do, but not completely because I can’t know everything that is in your mind.” You don’t want to respond in a way that puts a padlock on it up to that point. You also need to remove any agreement that you have implied up to that point.

At this point, I must tell you to make sure that you don’t push it too far or get into irrelevant topics. We want to avoid being made a ward of the court and having them assign an attorney to us, or even worse if you push it too far they may order a mental evaluation onto you.

You know that these judges sit around and have the same kind of conversations that we do, except they are discussing how to keep us in their system, while we are discussing how to withdraw from it. Sometimes it helps to look at the chessboard from the other side’s perspective.

You can expect the judge to eventually likely go off on a monolog and a tangent to move you away from that topic.

Let’s talk about shifting the burden. The good thing about the “Notice of Appearance” (or Notice of Visitation) is that it is not to the prosecutor or plaintiff, but to the court. You give them notice that you are going to be making a special appearance as a visitor. Because a visitor according to Websters 1828 is: “2. A superior or person authorized to visit a corporation or any institution, for the purpose of seeing that the laws and regulations are observed, or that the duties and conditions prescribed by the founder or by law, are duly performed and executed.

The king is the visitor of all lay corporations.” (https://1828.mshaffer.com/d/word/visitor)

Effective shifting of the burden will require that you inquire from the court if the plaintiff or prosecutor has filed a claim upon which relief can be granted. I am coming in to ask that question before we go any further. And what isn’t going to happen this time is we are not going to hear “We are not here for that” because we ARE HERE FOR THAT.

So you would say: “Your honor, did you get my notice of appearance? Because that’s where I told you what I am here for. Do you have a rebuttal for my notice of appearance? Because I never got one and it seems to me that if I didn’t get a rebuttal to my notice of appearance then that must be what we are here for.”

To be able to explain, and understand (pun intended, lol), and deflect the “we’re not here for that” statement put forth by the judge, you have to know why you are there, and you have to have provided notice to the court as to why you are there as well.

The plaintiff has entered paperwork to the court and that is why he is there. He can’t enter in documents or papers that don’t have to do with why he is there. They can’t see anything outside of what is brought in by either side of the court. So, we do the same thing. We let them know specifically why we are there as well. Like the two sides of the chess board. The game is not able to be played without each side having their pieces on the board. The prosecutors side is only half of the whole story. It is up to us to tell our side so that we figuratively have all of our pieces on the board.

Conversely, once all of the pieces are on the board, there is no bringing in new pieces. In other words, we can only talk about what we brought in. We can only use the pieces on the board. That is exactly what that is if you have ever hear the prosecution say: “Objection, your honor that is outside the scope of the pleadings.” Which means that you didn’t bring it in, you can’t bring it up now. We don’t want to ambush them, an ambush will not work.

So essentially we want to know if the prosecution has stated a claim for which relief can be granted, and if he hasn’t, we need to know. So you ask the judge: “Has the plaintiff/prosecutor filed a complete claim upon which relief can be granted?”

Would the defendant be obliged to respond to anything that is not complete? And guess what the funny part is… they can NEVER file a claim upon which relief can be granted. Checkmate. But what they get you to do is argue back, and then they gotcha and they can skip past that.

So when we go in, it is appropriate to ask that question because we have laid the foundation by giving them notice. This also means that you never have to say anything that might trip you up.

Ask again: “Have they done that?” The judge will say: “no” (or if he says “yes” then he is full of shit) and he relies on a refusal. So that brings us back to “The first refusal is not always proof that the request will not be ultimately granted. “

So if the judge says that the prosecutor HAS filed a claim upon which relief can be granted, that is kind of like they are REFUSING your claim. You need to get them to refuse it three times. Make sure to not get excited about it though. Just run the same request again, twice.

NEVER again accept the first refusal or denial. Once is an accident, twice is a coincidence, three times is a pattern. You simply MUST get to three when being refused in court. How many times have you seen one refusal or denial destroy an argument? I have seen it plenty of times, and all they needed to do was ask two more times to be certain. And you know the absolute worst thing about accepting the first refusal is that you are led to believe that you were wrong and it really just simply defeats you. Look at it this way, you will NEVER be right the first time in any court. You have to do it three times to be right.

You need to have conviction. This is a fight, it is a battle. It is not a time to throw everything at the wall just to see what sticks because you heard it on the internet. This gives them a way to separate the wheat from the chaff, the serious and knowledgeable from the weak and fearful.

Intent is truly the spirit of the law when you have said it three times and have come back with conviction and you really intended it. You didn’t say it on accident.

So when the judge says that the prosecution HAS filed a claim upon which relief can be granted, you say: “Well, your honor I have inspected the file, and I don’t see a corpus delicti. Not only that, but no one has come forward with a first-hand claim that they have been injured. Would you happen to have that in YOUR file?”

Where exactly is the corpus delicti? Where is the injured party with a first hand claim of injury? Can you show me that?

And then no matter what he says… yada, yada, yada, lecture, etc.

You Say: ” I want you to say, for and on the record that there is an injured party, that there is in fact a corpus delicti that you know of for a fact and you have taken judicial notice of.”

When he tries to wiggle out of it, you say it again… I want you to tell me “YES” there is in fact, for and on the record that there is an injured party, that there is in fact a corpus delicti that you know of for a fact and you have taken judicial notice of… and when he tries to wiggle out you do it a third and final time for the pattern.

It is also imperative that you reduce the answer to a “yes” or “no” answer so there is nowhere to go. He is unable to evade you. Either there IS or there ISN’T. Period.

Here is a sample of a Notice Of Appearance to get you going and also if they ever happen to actually find an injured party, we will cover that type of situation in an upcoming article when we get to the “Bill of Particulars”. If you have read this far I congratulate you. Just to be able to comprehend what is written here is so valuable. While we are on the topic of value I want you to know that there are people out there who would charge you a thousand bucks for this information, but I have chosen to gift this to you free of any charges. I am working on doing some incredible things in this world, but I need your help. Please visit http://shop.freedomfromgovernment.org and if you have the means to be able to purchase a product that I have available there it will go a long ways in showing me that you support what I do and how much my work means to you. We have items priced as low as $0.99 cents so we are also really not asking for much. But on the other hand, we have some big plans and are in need of some investment capital. If you are interested in helping us further our mission and possibly supplying us with some investment capital that would be repaid quickly, we would be extremely grateful. You can use this link to contact us if you are able to support us in this fashion and to learn about what we have planned. We only need about $5K to give us the boost that we need. Thank you so much for your support, and God bless you.

Peace be with you, and please feel free to share this article if you found it helpful.

(Visited 2,241 times, 1 visits today)
Posted on January 28, 2017
Categories For The Record, Notices, Strategy
Tags appearance, claim, corpus delecti, court, defendant, granted, notice, plaintiff, prosecution, refusal, understand, upon which, visitation, win
6 Comments on New Court Strategy For The WIN!
SIMPLE DRIVING OR TRANSPORTATION CODE OFFENSE ANSWER AND RESPONSE

SIMPLE DRIVING OR TRANSPORTATION CODE OFFENSE ANSWER AND RESPONSE
By Neil Rowe P.A.G.; Professor of Law

No, I’m not going into to traffic court and arguing illegitimate corporate government, or any of the other varied long winded arguments people and persons propose. Just not interested in approaching it that way for reasons of my own. What follows is my standard template for transportation code or driving offense charges and I’m retiring from answering any more questions related to traffic tickets, until and unless you can quote this back to me verbatim and understand it and still have a problem, moving on to more important issues and frontiers in law. Yes, I could use dozens of additional citations, and you may add them and over complicate matters if you choose, I just don’t think it’s necessary to go into much more detail. Keep it simple stupid.

Submitted to the Public Domain without copyright. Copy and share.
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Notice of and Motion for Bill of Particulars and Discovery Request for Brady Material In Answer and Response to Inadequate Notice and Defective Service of Process by Complaint or Information that Fails to State the Requisite Jurisdictional Elements of a Valid Cause of Action and Controversy of Both Fact and Law Required to Establish Personal Jurisdiction

Proposed Jury Instructions

COMES NOW the accused defendant herein named by special appearance in Pro Se, by liberal construction waiving professional rules of pleading practice, and for his preliminary Answer and Response, Discovery request for Brady Material and Motion as styled and en-captioned above, by his own hand and under oath affiant shows this honorable court and states as follows; To Wit:

Based Upon information and belief, affiant states:

1. THAT the undersigned writer is charged in the instant action and proceedings with a Transportation Code or Driving offense.

2. THAT Federal and State statutes and provisions of law narrowly define “Driving” as the professional commercial activity of “transporting persons or property for profit.”

3. THAT Federal and State statutes and provisions of law defining the elements of “Driving” omit “traveling for recreation or pleasure,” the writer contends, because ‘A Citizen must be free to travel throughout the [several] United States uninhibited by statutes, rules or regulation.’ (Shapiro v. Thomson, 394 US 618, 89 S. Ct. 1322 ( )); “No State government entity has the power to allow or deny passage on the highways, byways, nor waterways… Travel is not a privilege requiring licensing, vehicle registration, or forced insurances.” (Chicago Coach Co. v. City of Chicago, 337 Ill. 200, 169 N.E. 22). “As has been well said in the case of Ex parte Dickey (W.Va. 85 S.E. 781): The right of a citizen to travel upon the highway and transport his property thereon, in the ordinary course of life and business, differs radically and obviously from that of one who makes the highway his place of business and uses it for private gain, in the running of a stage coach or omnibus. This distinction, elementary and fundamental in character, is recognized by all the authorities.” (Thielke v. Albee, 79 Or. 48, 153 P. 793); “It is to clear for the purpose of extended discussion that it was competent for the legislature under the police power to regulate the use of the streets and the public places by jitney operators, who, as common carriers, have no vested right to use the same without complying with a requirement as to obtaining a permit or license. The right to make such use is a franchise, to be withheld or granted as the legislature may see fit.” (Fifth Ave. Coach Co. V. New York, 194 N.Y. 19,86 N.E. 824, 21 L.R.A. (N.S.) 744, 16 Ann.Cas. 695; Dill. Mun. Corp. 1210, 1229); “[W]hile a citizen has the right to travel upon the public highways and to transport his property thereon, that right does not extend to the use of the highways, either in whole or in part, as a place for private gain. For the latter purpose no person has a vested right to use the highways of the state, but is a privilege or license which the legislature may grant or withhold at its discretion…” (State v Johnson, 243 P. 1073, 1078. (For further distinction between traveling and transportation, See : Barney v Board of Railroad Commissioners; State v City of Spokane, 186 P. 864.; Ex Parte Dickey (Dickey v Davis), 85 S.E. 781.; Teche Lines v Danforth, 12 So.2d 784).

4. WHEREFORE the writer contents and asserts, based on information and belief supported by points in authority provided, that transporting persons or property for profit in commerce is a condition precedent and form the requisite jurisdictional elements of any transportation code driving offense.

5. THAT the Plaintiff officer by state attorney has failed by sufficient complaint or information to state or inform the accused defendant of the “person(s)” or “property” the accused defendant is accused of transporting, or for what “profit.”

6. THAT the plaintiff prosecution is required to inform the accused defendant of the essential elements of, and material facts alleged substantiating the crime as charged and to prove these same elements and material facts beyond a reasonable doubt or by a preponderance of the evidence at trial, and for this reason the accused defendant contends jury instructions must reflect the requirement that the prosecution plaintiff establish and prove the person(s ) or property that were transported for what profit, and who those persons or what that property transported for what profit was, with particularity.

PRAYER FOR RELIEF

WHEREFORE all the good and proper reasons stated, the undersigned accused defendant prays this honorable court grant the motion for bill of particulars, or provide discovery of the essential material facts constituting the driving or transportation code offense charged, and compel the plaintiff prosecution to amend defective information or complaint to apprise the accused defendant of the same so that he might reasonably respond or prepare his defense having notice of both the nature of, and, cause for the instant charges and proceedings as required by rules of substantive and procedural due process, or in the alternative quash the information or complaint for inadequate notice and defective service of process and dismiss the instant action and proceedings for failure to prosecute, and grant any other relief this court deems equitable and fair in good faith and conscience.

__________________________
Foot Note: I am not arguing against statutory authority. Travel is mentioned, but Statutory authority to regulate Transportation is accepted and acknowledged.

I am asking for fair and proper notice. The elements of driving are clear.

If charged with assault, how, by punching, kicking or slapping?


If contempt of court for disrupting proceedings, how? By what noise, outburst or disruptive behavior, specifically?


If murder, who, and by what means?


The prosecution must demonstrate the case he intends to put on, so the defendant is informed of the case he must meet.


Driving drunk? Driving on suspended?


Forget drunk, forget suspended…


How driving?


It’s simple calculus.


And with that having been said, I’m charging for the next question.

Dedicated to my parents, who took a clever little six year old intent on being the worlds greatest liar and cheat, and changed the course of his life by paddling his behind, conditioning him to study instead and violently hate liars and cheats.











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