Lawful Money Setoff > Parking Ticket

[motla68]

is anyone capable of answering my question?

A mistake can be corrected at any time, so why worry about it?:

http://www.lexisnexis.com/lawschool/...rim/crim18.htm

Good education is about the experience, not some scripted goal manifested by the public school system.

[AllanNR]

A mistake can be corrected at any time, so why worry about it?:

http://www.lexisnexis.com/lawschool/...rim/crim18.htm

Good education is about the experience, not some scripted goal manifested by the public school system.

well this is what went down

I went there on the scheduled date.
Prosecutor sits me down and offers me a plea deal.
I tell him that it is my intention to settle this matter honorably and that Im fully aware that pleadings perfect jurisdiction.
He tells me that I am taking up way too much of his time when I had only been sitting there 30 seconds.
Asks me if Im going to take the plea deal or not, I give him a look and before I can say anything he crumples up the agreement and chucks it in the garbage and says in an angry tone, "We will go to trial".
I get up and walk out, I wait to see the "judge", ask her the question about pleading perfecting jurisdiction to which she replies negatively by saying that my getting a ticket in that town is what gives the court jurisdiction. I then ask if the court is ready to come forward with a competent fact witness to which she replies, with a smirk "this is not a civil case". She then says this case will be adjourned so the officer can be called in to testify. I reply that the officer cannot be a competent fact witness because he is acting as a third party. she ignores this and keeps insisting that the case be adjourned. Then proceeds to tell me that she would be entering a not guilty plea for me, to which I object by saying that I haven't plead to this court. She replies that I dont have to and keeps saying have a good day. At that point I just turned around and walked out. Now I have a notice for a month from now to appear for this trial.

thoughts?

[David Merrill]

Refuse the Notice for cause timely (72 hours). You best have an evidence repository in the USDC. Then show up at the hearing and ask if the R4C is in the record. You are here to help settle the matter honorably and wish to avoid any fraud upon the court.

However you got a ticket and your driver license, if it identified you by the legal name to be trustee will stand. So you will only have a little window after conviction where you get allocution. You get to speak on the record when the judge asks, Do you have anything to say before I execute this sentence?

The driver license functions as about $250 Bail Bond. Showing it is the reason you were not jailed until you can scrape up the bail bond. It was presumed to be worth about $250 to you to have evidence you get that privilege from the State.

Otherwise, the county court judge is basically allowed to practice law from the bench. Ergo she took power of attorney on the driver license identification. Therefore renew your driver license, sign it First Middle only. When you hand it to an officer specify, I am not showing you this for identification purposes. My name is First Middle like you see there.

Plead out, likely the DA is bluffing with that puffy display. They want you to get out of their face. Learn about identity, record-forming and redeeming lawful money. Then this sort of thing will never get to court unless you are caught red-handed stealing or whatever.



Regards,

David Merrill.

[AllanNR]

so i guess you're saying im screwed and just have to take this one?
what would happen if I put the redemption verbiage on these tickets and mailed them back to the court via certified mail?

[David Merrill]

Claim fraud by omission. Blame the bank tellers, your civics teachers, parents etc. File a counterclaim, maybe in the same case file. Stuff like that.

You can try all sorts of stuff. My point was that you are headed down the path you are for a reason. It is never too late to start.

When I was inexperienced the judge convicted me, sentenced me and then for no reason left the courtroom. She came back and remanded me to jail for 120 days. I was to conclude business and leave but the courtroom was full of deputies. If I had only known what I do now I would have tried it. I still think the deputies would have stopped me from leaving though. It would not have been on the record but it was so late, and under the circumstances they had snipers on the rooftops to protect the jurors. They still keep an armed escort on me every time I am in the courthouse, at all times.

[AllanNR]

Claim fraud by omission. Blame the bank tellers, your civics teachers, parents etc. File a counterclaim, maybe in the same case file. Stuff like that.

You can try all sorts of stuff. My point was that you are headed down the path you are for a reason. It is never too late to start.

When I was inexperienced the judge convicted me, sentenced me and then for no reason left the courtroom. She came back and remanded me to jail for 120 days. I was to conclude business and leave but the courtroom was full of deputies. If I had only known what I do now I would have tried it. I still think the deputies would have stopped me from leaving though. It would not have been on the record but it was so late, and under the circumstances they had snipers on the rooftops to protect the jurors. They still keep an armed escort on me every time I am in the courthouse, at all times.

thanks for your time David but you have to bear with me as I understand some concepts about what they have done with the american legal system but some of the stuff you say is still a little cryptic to me. Like for instance omission of what?

If I make a "reservation of my rights" before this court can I then compell the court to produce an injured party? I have had some success with this approach of reserving my rights as my impression is they are weary of opening the whole can of worms in open court. If for instance the judge were to then comeback at me with my agreement to be licensed by the state to drive an automobile, would I then claim fraud by omission (of?) or declare to the court that I am redeeming federal reserve notes in the form of these tickets? I need to fill in the gaps of how it all ties together.
thanks

[David Merrill]

I am presuming that you have and showed a current driver license signed in the conventional legal name fashion. That is where you set the stage. Fraud by omission is that nobody taught you about redeeming lawful money. That would keep you clear of any obvious contract with the Department of Revenue. Your driver license was issued by the Department of Revenue. It is based in the SSN on account and that is where these charges arise. You are subject by contract and the People of the State of XXXXX have been injured. You have offended the Peace and Dignity of the People.

If you had identified yourself correctly the police officer would have given you back your card and no written material, not even a written warning. Or he would have gotten angry, If you don't identify yourself I am hauling you in! So you say, I am identifying myself to be First Middle, like my signature on the Card. Then you have to abate for misnomer when the case is assigned.

The only reason that I am suggesting you plead out is that you need to get yourself proactive before you misidentify yourself. You were tried beside the road basically. You might have plead guilty and accepted the sentence quickly but you paid a $250 bail bond by having a driver license and now you can have a trial before a judge to see if the law and facts are agreeable to your agreement to be the legal entity on the card. You agreed to abide by the laws of the State of XXXXXXX in order to even get the card in your possession.




Regards,

David Merrill.

[Brian]

David, quick clarification. When signing the DL, would you recommend signing "John Henry" and that's it? Or "DOE. John Henry"? I only ask because mine is coming due for renewal next month.
The later involves the "NAME" and thats what we are trying to avoid correct? Confusion of the man with the entity.

[David Merrill]

We are not trying to avoid legal responsibility. So sign John Henry easy and clearly to read. The objective is to retain your right of refusal to become the JOHN HENRY DOE. Misnomer is ground for a successful abatement. The clerk of court though, might correct the name on the case. - Doubtful. At least it has never happened that I am aware of.

Possibly you will just be tagged the man who was operating the motor vehicle. That seems to be what has happened to you so far anyway.

Between identity, record-forming and redeeming lawful money one might learn about the inherent trust structures. In your current case you might explore your state constitution for where the judge's oath of office is to be available. If he has a proper oath there, fine. If not get a Certificate of Fact that he does not. Get that Monday and show us please. Also the DA. His oath is likely at the Secretary of State and they can email it back to you but you have to send them a couple bucks for a certified copy in the mail.

If the judge is prosecuting you from a vacant office then it is voluntary. Tell him that when you signed for your driver license you did not agree to that part - that a non-judge from a vacant office could preside over any disputes. If the DA is running a vacant office you will likely hear nothing more about it because all prosecutions are invalid and all the convictions are reversible if he does not get that fixed right away. They will probably waive the minor offense from the fellow who was so civic-minded as to correct the matter. There is one paragraph that seems to justify running a faulty Oath:

But think about that. For the People to consent, the people would have to be aware. Just having the oaths available, or lack of oaths available does not comprise consent. The People would have to be aware that an official is ignoring the constitution and statute to consent to it and people (People) never would. The People would insist he go through the trouble to honor the constitution and statute.



Regards,

David Merrill.

[allodial]

We are not trying to avoid legal responsibility. So sign John Henry easy and clearly to read. The objective is to retain your right of refusal to become the JOHN HENRY DOE. Misnomer is ground for a successful abatement. The clerk of court though, might correct the name on the case. - Doubtful. At least it has never happened that I am aware of.

On one hand consider that merely writing/signing under the legal entity could be construed to be accommodation party for it. However, nonetheless, even so they would still have to specifically refer to the accommodation party by name, no? I'd tend to prefer "John Henry for the parties" or "John Henry, as Secured Party" or the like and simply administer the estate competently without being the estate. If they set out to force you to be the estate its federal felony.