I apologize for not responding before now. We had a storm go through our area on Sunday and the power was out for a day and a half, and during that my phone went down so I haven't had Internet capability for the past four plus days. The court hearing for arraignment was Tuesday morning, so the prior two days I was busy dealing with the power outage and unable to continue preparing properly (not that it would have done any good) for the court matter. So, I got steamrollered (cognitive dissonance) in that first hearing. Took me half a day just to figure out what happened! I'm not very good in verbal jousting, thinking on my feet (unless I have a good foundation in the material of study, which in this case I didn't).
I'll respond to the questions posed in your first post, David, then address your second post, which I found intriguing. Hopefully, we can make this thread helpful to others who find themselves in a similar situation. A kind of "step one: do this; step two, do that" etcetera.
I have not set up an evidence repository with the USDC. But I do keep a personal evidence repository of all things filed (affidavits, citations, letters and such) concerning any issue at hand so that I can submit them when needed. And yes, I agree with your statement following; this is my intention and what I'm doing at present: "If you are letting them keep the only record then you make them the court of record even though they are technically a court not of record."
2nd question: No. I don't have a driver license. He took the information from an invalid computer record of my canceled (in my eyes; suspended in theirs) auto registration (haven't figured out how to get rid of the Certificate of Title to the car). I signed "without prejudice" above my First Middle name. The judge acknowledged that in court when I mentioned it.
3rd question regarding a true and correct copy of the document in your USDC evidence repository: This is irrelevant (not applicable since there is no USDC repository). I did tender a photocopy of my original photocopy of the refused for cause presentment, the original Defendant's copy of which went back to the issuing officer. I also tendered my Certificate of Mailing.
Re: Your 2nd post.
It's Thursday afternoon and I still do not have Internet capability (service techs have not shown up yet), so I haven't been able to access the links in your second post yet. I was able to post the request to my thread using a local Library WiFi. Didn't have much time to do much else.
This is the area where I need specific details about how to go about accomplishing the general instructions provided in your reply. I've never done any of this before, so its all new to me! I'm learning on the fly. I am able to follow detailed instruction, though. I just need to know where to go to obtain the information or documents needed, or a sample of a Notice and Demand letter so that I can write one applicable to my matter.
While this is all second nature to you, how do I get hold of the judge's and prosecuting attorney's oaths of office? Where do I need to go to obtain certified copies, and will it cost very much? Is it really necessary to obtain (in this instance) the DA's oath? Is a DA likely to be brought into a municipal city matter like this?
"Know the bill of rights and put them on notice in open court that they cannot proceed as a court not of record." Okay. Excuse me for possibly being obtuse here. So how would I go about doing this? What words would I use, what legal issues need to be emphasized? How would I go about doing this in open court? I read in a Court Survival Guide I downloaded from the old Worldnewsstand.net website something about filing a request for a Special Appearance. This, presuming the judge approved it, would allow me to have a hearing to address just this matter, yes.
If yes, then this presents another obstacle for me. I've never seen a request for Special Appearance. Where could I find a sample similar to what I need to have done? And do I need to specify in the request what the special appearance is in regard to? (Sorry for all the questions; I just don't want to make any mistakes. I just need directions to know where and what to look for.)
"As soon as he has violated your rights tell him the deal is off. If he insists on proceeding then let him know what you charge for such a performance if he forces you to be an actor." Okay. Again, how would I phrase this? I presume this would be done in open court, too.
I'm much better with producing paperwork for the record than in having to joust with a judge or prosecutor in court. Is there any way that I can get things on the record through the use of affidavits and other such notices?
Some additional information you need to know:
I previously filed with the state Dept. of Transportation and the County Sheriff and subsequently with the county recorder back in 2008 a sworn Affidavit of Administrative Notice regarding the travel issue. I used this affidavit in a previous traffic stop by a highway patrolman who basically ignored it, but which matter was settled in a justice court with a R4C presentment that I was able to enter into the court case file prior to any court appearance. It was therefore within the court's cognizance.
Might this affidavit be used in this instance as a prior "notice to principal is notice to agent" type thing where the gov't agencies were legally put on notice about this matter? A copy of the affidavit is attached. (Sorry for the wordpad text file; system wouldn't allow rich text format.) I ask this because of the following, which I found in my research:
I'm not sure how a municipal court judge of no record would handle this submission. It is obviously coming from a jurisdiction (common law) foreign to his own. But when it said: It is pre-judicial and "No judge, court, government or any agencies thereof. . . can abrogate anyone's affidavit of truth," that pretty much told me that this was powerful stuff. It seems to override any government's jurisdiction. Whether or not they recognize it, though, is another story.Commercial processes (including this affidavit and the required responses to it) are non-judicial and pre-judicial because:
a) No judge, court, government, or any agencies thereof, or any other third parties whatsoever, can abrogate anyone's affidavit of truth; and
b) Only a Party affected by an affidavit can speak and act for himself and is solely responsible for responding with his own affidavit of truth, which no one else can do for him.
No third party can invalidate someone's affidavit of truth. To act against such an affidavit is to create a situation and/or enhance the condition of a Mixed War.
A Mixed War condition exists where "authorities" have violated their oaths of office, violated the fundamental law they swore to uphold and protect, violated the codes, statutes, and regulations that govern them and in so doing disregard the peace and safety of the community by their acts, operating as Agents for undisclosed Foreign Principals or Governments against those whom they swore to protect. Such acts of Treason constitute a secret war against the people.
Maybe obtaining the oaths of office, swearing out an affidavit of accepting the oaths of office of both the judge and prosecuting attorney, and submitting that along with the Affidavit of Administrative Notice to the court somehow (not sure whether I can just submit it into the case file or whether I need to request a Special Appearance hearing to do it). Any ideas about this?
Just occurred to me: In the Court Survival Guide it mentioned a strategy to put in a Motion To Withdraw Plea "to remove your implied consent to the court's jurisdiction. By vacating your plea of Not Guilty, technically the venue and Jurisdiction is removed. So here is where you can again use the Notice of Special Visitation and of Foreign Law, and the Judicial Notice of Military Flag and Challenge of Jurisdiction. Make sure the court agrees to vacate your previous Plea, before you say anything more. Before you are required to enter a new Plea, present these 2 notices and demand the resolution of jurisdiction.
"Now the court will now be up against the wall, because it must stop everything and make a legal determination as to whether the court even has jurisdiction. Because it no longer has your plea, it no longer has your consent to their implied and assumed jurisdiction."
I'd rather do something that doesn't require me to speak much, but just enter paperwork on the record to challenge jurisdiction. Don't want to get crossed up like the first time, when I wasn't prepared for the judge's reply. The devil is in the details in this! But if I know ahead of time how he is likely to respond, then I can have a statement ready to rebut (or whatever) his reply. As long as I know what to say (no matter what he may say, if he's being belligerent) I'll be okay.
It says in the Court Survival Guide about this: "Immediately Motion for Dismissal for lack of jurisdiction, as soon as they try to dance around it. If the judge doesn't dismiss the case now, then Object, or Recuse (dismiss) the Judge for obvious bias against you, and place him/her on notice of your intent to Appeal his/her judicial error. This is their mistake for sure." That is, recuse the judge and demand a hearing in a judicial court of record. So I guess that answers my question about what to do if the judge tries to wiggle out of dismissing the case.
Thank you for any information you may be able to provide.
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