We dont take coins

Interesting situation is evolving. As some of you may (or may not) recall, I was stopped in April on a traffic offense, stood on my rights, pissed off the police and was subsequently jailed for suspected OWI and simple possession of marijuana. The reason for the stop was that my tint was to dark. Keep that one in your back pocket for later. Anyhow, the state ignored the reservation of rights on my license, on my application for title and essentially converted me standing on my rights to a crime and for my efforts railroaded me with a hail mary after I blew a .00 by reaching out to a magistrate for a warrant to draw blood. So they told me if I resist, I'm toast, so reluctantly I was coerced into compliance.

They discovered that I smoke marijuana. They should have known, but they wanted to 'hit me with something' because I was being not playing the game, not toeing the line, not making their job easy. It wasn't in any mean sense, it was just that the alleged crime of Operating while Intoxicated was really the only card it seems they could play and get it to stick. 20 hours go by and due to my refusal to to complete their intake paperwork I have not had access to an attorney but an attorney friend of mine had heard the rumblings from the misses and put in some calls. Whatever he said broke to logjam and I was out within the hour on a personal bond. At discharge from lockup, I got some paperwork informing me that it would take up to 6 months for them to complete their investigation. About 3 months go by and I get a "Notice of intent to use technicians report in lieu of testimony". Under the MCL there is a way to disqualify that as admissable evidence, so i corrected the name on the mailing, informed them that pursuant to my rights provided under the constitution and/or (I love that logical conjunction) MCL that I was not the ALL CAPS, rather I was A-l-l C-a-p-s and winged out an 'abatement for misnomer' and challenged the jurisdiction.

3 more months go by and not a word. Then yesterday I get a letter from the police department informing me that they have concluded their investigation and a warrant is out for my arrest, report to the courthouse to resolve, etc. There was a 10 day response required and the letter was dated 10/21. Interestingly the envelope was to ALL CAPS, but the letter was addressed to All Caps

So against my better judgement I showed to court, special appearance, etc. Not a lick of the posturing seemed to work. Before I knew it, it was over, and I was standing there with a bond (personal, recognizance) - an ORDER not to consume alcohol, marijuana, or "drive" a "motor vehicle". Some women who was handling the paperwork told me I had to go to a drug testing facility "TODAY or else" to which I replied I could not due to other obligations. When I objected, she had the deputies surround me. They walked up and asked what the problem was. Itold them there is no problem. So, I was court ordered to report to a substance testing facility (here's where the coins come into play). I discussed the turn of events with an attorney friend and he believed it to be an attempt at getting me to violate the terms of the bond so they could revoke it and put me back in the pokey. According to him I cant disregard the court order, so was it play dumb, or go piss in a cup to tell them again, yes, I consume marijuana?

Seeing as they seized the license, and an ID is required to go to this test at a facility across town - it was all forced upon me last second I got crafty. Under Title 31, coinage is legal tender for all debts *public and private*. The drug testing facility would not accept coins as payment. I showed up with rolls of quarters, signed in, and waited for them to tell me they could not accept coins. Now follow me - I could start asking about the nature of the license and the matters unfolding to be revolving around compelling specific performance of a contract (the DL) and why - if the courts and sherriff's are infact public agencies they do not accept legal tender.

I started thinking about somewhere where I read of a man walking into court and telling the Judge when they called his NAME "I'm the creditor and the trustee, do i have standing to speak?" - and the judge subsequently asking him to remove himself from their court.

1) Would it seem wise to engage in this line of questioning regarding the coinage?
2) Would invoking a Common Law tort as a courterclaim (Common law right to seclusion) based on 'tint being to dark' slow them down?
3) Any intersting thoughts, insights, or points of contention with my process thus far?

Any thoughts are most welcome.

Best,
Gonzo

Did the prosecutor enter anything into the record addressing the challenge of jurisdiction? You have a challenge on the record, with no reply? You may have a void judgment. Look up post conviction relief. Some of that is pretty interesting and IMO, shows the 'crimes' to be civil. Corpus delicti, mens rea? Failure to State a Claim? No injury, no claim, takes a claim not a complaint. Also, you got equity on you. The judge is compelling your performance? That is equity. Does the record show any grounds, any trust relationship to invoke equity? If the trust relationship is shown (don't you try and do it, make them!), it would show that your sworn servants have come against your right to liberty pretending to represent the people, of whom NONE can show an injury, and of whom, none has claimed an injury.

In the blurry boundaries between municipal and territorial jurisdictions a null judgment may carry all the weight of emotional attachment in social media.

The "notice of intent" didnt have a case number, just the NAME, so my presumption is that is was never entered into evidence. There was no judgement, this was an arraignment, the terms of the release on recognizance apparently subject me to the ORDER, which was to take an initial drug test, "enroll" in their program for random testing 3X month. It was really weird. The prosecutor was not present for arraignment, it was just me, what I believe to be a clerk (typing at a terminal), and the magistrate/judge. Arrest in April -> ??? -> Notice of intent, rebutted -> letter from PD stating a warrant is out -> "arraignment". They never asked me to plea, I never entered a plea, I told them that I was there by special appearance to challenge jurisdiciton (which was denied on the register of actions I've come to find out) and they entered a plea of not guilty "standing mute". I was never provided a sworn copy of the complaint either. There are numerous procedural issues that my attorney takes exception to - he's curious as well.

It is my understanding that in common law proceedings a plea of not guilty is always entered by default. The next event to take place is a "pre-trial" which is scheduled for 1:30 on Tuesday. I'm trying to get my ducks in a row for that, which so far are as follows:

1) Get into evidence the document showing my rebuttal of the intent, and challenge of jurisdiction (pre arraignment challenge, additionally I challenged at arraignment)
2) Get a copy of the sworn complaint certified, certified copies of all the actors oaths of office
3) Raise the spector of jurisdiction, choice of law, diversity, whether this is an action at equity (which it feels like) or at common law, in-rem or "quasi in rem".
4) File a (even if not well plead) counterclaim.
5) Force the clerk to correct the NAME.

Quote:

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Originally Posted by Gonzo

1) Get into evidence the document showing my rebuttal of the intent, and challenge of jurisdiction (pre arraignment challenge, additionally I challenged at arraignment)
2) Get a copy of the sworn complaint certified, certified copies of all the actors oaths of office
3) Raise the spector of jurisdiction, choice of law, diversity, whether this is an action at equity (which it feels like) or at common law, in-rem or "quasi in rem".
4) File a (even if not well plead) counterclaim.
5) Force the clerk to correct the NAME.

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You can get a "certified copy" of the statute that is printed on the same paper as the BC is. Bonded paper.

What I found out is that showing up for a misnomer and judicial challenge is suicide unless you are very very very good in court room situation.
They will walk right over the challenge by saying we will get back to that latter (not now, never).
The misnomer is corrected when you APPEAR.
If you don't appear the bench warrant kicks in looking for the surety.
And that is any person using the NAME.
So if you don't use their NAME there is no issue.
If you do use the NAME then no misnomer.

https://en.wikipedia.org/wiki/Surety

A surety most typically requires a guarantor when the ability of the primary obligor or principal to perform its obligations to the obligee (counterparty) under a contract is in question, or when there is some public or private interest which requires protection from the consequences of the principal's default or delinquency. In most common-law jurisdictions, a contract of suretyship is subject to the Statute of Frauds (or its equivalent local laws) and is only enforceable if recorded in writing and signed by the surety and by the principal.

If the surety is required to pay or perform due to the principal's failure to do so, the law will usually give the surety a right of subrogation, allowing the surety to "step into the shoes of" the principal and use his (the surety's) contractual rights to recover the cost of making payment or performing on the principal's behalf, even in the absence of an express agreement to that effect between the surety and the principal.

When presenting your communication to the court, whether it is a special appearance, jurisdictional challenge, etc., it is vital to form your own court of (public) record first and then proceed to file it in to THEIR private record. In addition, so that it becomes quite difficult for them to ignore the filing, it is imperative to also include a Notice of Filing. A Notice of Filing merely contains a list of what was filed in to their record.

Any update, Gonzo?

So far I have green slips from the PO showing delivery of the abatement for misnomer / jursidictional challenge, is that sufficient? As it stands it seems it was enough for me to move (not motion) the court to adjourn until January so I may adequately perform discovery, and interestingly enough yesterdays 'pre-trial' appearance showed as a misc. action on the register of actions with another 'pre-trial' set for January. Last week I filed a FOIA for video, audio, reports, oaths of office, disciplinary records for actors, etc. with the exception of oaths, disciplinary records and audio/video the prosecutor hand deliverd a nice fat stack of certified documents I'm currently reviewing. More to come soon...

If your in the Dock with cuffs and leg iron. found guilty then ordered to sign the sentencing order with a full legal NAME still in cuffs are you still just under arrest as i wrote vc and true name a few days went pass and a probation officer begged me to sign the court orders my last day of this remand or fake sentence was him begging me again or else and thats just it or else what i was released all paper work was r4c and only a true name admission was offered. if ever arrested its as long as 24hrs to be in front of justice with not admitting to owning a legal name remand is a adjournment no longer than 3 clear days in rules for show cause hearing on this pony show they point out footwear and your shirt colour And identify that person 2 weeks more remand then a trial day if it was a trial why are u still under arrest for a sentence are u still in front of a clerk i think so the true name is endorsement of only that u need a legal name for orders contracts identification if court is ever in session and u have standing it wont be in cuffs as a private person in lawful contract admitting or holding cells they need full name your signature is admission u are claiming or bearing false witness if u stick to true name it makes little difference as john h doe will be fine as accounting goes when john h doe is released the void orders stay in your cell john h doe exists until claimed or can no longer be identified as surety true name is a registration claim if u have one in all caps u own it a given name is one when asked can i have your name give it out as its a given. name go to jail 72 hrs they must identify a crime and its suspect with eye witness thats the man if your in a police line up it wont take 72hrs they will give u a name CONVICT and # as whats in name.