Belly of the Beast #4

The formatting of these documents is leaving something to be desired.
I'll try to leave the attentat porn out, too.

Up to this point we have covered the discovery and Brady request and Motion to Dismiss for failure to present a cause, nor victim.

If these two haven't won already, and you won't find out most likely until your trial date, in a traffic ticket, or preliminary hearing in a real court(never waive those, and fire any lawyer that tells you to) then you need to be prepared to present these two to the court.

Remember to bring copies for the DA, clerk, judge, and yourself.
Everything you present to the court needs to be in those hands, it is your responsibility as your own lawyer to get that done.
Be sure to do it, or you will lose, on a technicality, but a loss, none the less.

Motion to Reconsider:

Now Comes ___________, by special appearance, participating under threat, duress and coercion, not submitting to the court’s jurisdiction, who hereby moves this court to reconsider matter.

State has failed to meet its burden to prove every element charged.
State has presented no facts to support its claim that simply being in a designated area means that their laws are applicable.
The state has failed to present an adversary whose rights were violated.
Miller v State 1992okcr8, 827p2nd875
An information which does not recite facts to allege every essential element of the crime charged fails to charge a crime, and therefore, fails to confer subject matter jurisdiction on the trial court.
Under penalty of perjury I affirm that above stated facts and quotes of law are true and correct to the best of my knowledge.

Relief Sought
Reconsider matter.

Submitted this _____ day of _________, 2019

Signed

You must include the header with the case number, remember, local court rules will have templates to follow.

You don't have to follow them, but then the judge doesn't have to rule in your favor, even if you are right.

Motion to Rehear Matter

Now Comes _____________, by special appearance, participating under threat, duress and coercion, not submitting to the court’s jurisdiction, who hereby moves this court to set a rehearing of this matter.

State has not presented any facts in the record to meet the burden of proving this court has jurisdiction.
Simply stating the law applies ‘because it says it applies’ is not evidence, it is circular logic.
Saying the law applies simply because ‘that is how things are done’ is not evidence, it is a logical fallacy.
If me and my friends write down words on paper, beef up our image with pomp, uniforms, and 12 years of indoctrination camps, arrest someone, and store them in our dungeons, we would be rightly asked to present facts supporting our claim of jurisdiction to do so.
This court’s jurisdiction is not predicated on, nor expanded by, the state’s police powers.
This court’s jurisdiction is limited to protection of rights.
No violation of a victim’s rights has been alleged, nor presented for the record.
Unless the state can articulate specific facts to support its claim of jurisdiction over alleged defendant to bring this matter to this court’s attention, the claim fails to meet the state’s burden to prove this court has jurisdiction.
Miller v State 1992okcr8, 827p2nd875
An information which does not recite facts to allege every essential element of the crime charged fails to charge a crime, and therefore, fails to confer subject matter jurisdiction on the trial court.
Under penalty of perjury I attest that the above stated facts and citations of law are true and correct to the best of my knowledge.

Relief Sought
Rehear matter.
Submitted this _____ day of _________, 2019

Signed

These must be prepared in advance and you run the risk of not being exactly on point with the data you have to assume.
Don't worry, you can file an amended motion, if need be.
These are, mostly, formalities.
The judge has already seen something that he thinks supports his position for the appeal, if there is to be one.
Likely, he doesn't expect you to know how to appeal, and he can do as he pleases.
Won't he be surprised when he meets you?

My judge already knew, he looked through my other cases and saw how I lost on a technicality I would likely not repeat.
He wasn't taking any chances, and the DA dropped the ticket.

Really what you are doing with these two motions is to prepare the record for your appeal.

EVERYTHING you do prior to getting an appeal, is to prepare the record for the appeal.
If you have a case winning appeal record, you will win in the trial court, before the trial, and not need to appeal.

No record, no appeal.
That means you must ask for a court reporter, or bring your own.
Expect the judge and da to not recall what was said in the proceedings.
They will conveniently not recall your winning arguments, if there is no record of them.
Get them on the record.
They are experts at this, you can be, too.

No objection preserving the issue for appeal, no appeal.
No renewing your objection after the judge rules it denied, no appeal.

There are many little hurdles, that the judge knows, that if you don't know them, you will lose despite being right.

Get the course, it is worth much more than the $250 it costs, if you want to push back against the machine.
It costs about the same as a traffic ticket, and if it gets you out of one, it has paid for itself.
This course gives you everything you need to know on how to prepare the documents, preserve your issues for appeal, file the appeal, and win your case.
It doesn't go into what @marcstevens delves into, but it is invaluable in giving you a law degree in a nutshell.

Let's be honest here, no judge is going to willingly be the judge that lets you monkey wrench the entire judicial system.
He will get voted pivot man at the annual Bar Meeting, and nobody wants that, let me assure you.

So, from the point you decide to push back against this brazen attempt by uniformed thugs, and their accomplices, to enslave you, you need to keep in mind that you must box them in so that they have no choice but to rule in your favor, or drop the case.

This isn't for the meek.
This isn't a good idea if you are just going to bend over, put the cuffs on yourself, and help them get you into the cop car. (Watch your head.)

This is only for people that are willing to take a hit for team.
The team of every freedom loving human being in existence.

Not just anybody is of the caliber to do these acts, but, you do have it in you whether you are willing to use it, or not.

These two motions give the judge an additional chance to change his wrong ruling.
When the record gets to the appeals court they will see that you went the extra mile to avoid having to go to the appeals court.
They like that.
And they hate judges that rule wrongly, repeatedly.

Not that they like you, or your argument, but they got to follow the rules just like you already laid out to the first judge, too.
IF they hope to maintain their legitimacy.

You pushing back, gets other people to push back, too.

In my city, we don't wait for the crosswalk sign to tell us it is ok, we just walk across when it is safe to do so.
I did it the other day when I was downtown and got two others to do it as well.
They saw me not waiting like a good little slave, and broke through to the bad slave side of life, too!

I will cut class for today.
Tommorow we will do the intent to appeal, and discuss what it takes to get into the appeals court, in my state.
Likely, your state, or country's, laws are the same.
Those that rule by force like to use what works wherever they can translate it.
And, boy howdy, has this system ever worked for them!

It's not doing me, nor you, much good, but the criminals in uniform are loving it.