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SITE WORKS "CITIZEN STATUS" MATTERS! "U.S. Citizen" or as a... Constitutional "American National"? An American National is not a "citizen" of any Federal jurisdiction, not a Federal taxpayer, not a surety, slave or servant to Washington DC. It has been reported that people who enter certain input on a passport application are classified within 9 months "Do Not Detain" in law enforcement computers, a classification of Diplomatic Immunity. FreedomTaker.com maintains contacts with trusted people who can help you secure your "American National" status and provide more information about the benefits of that. To get assistance in optimizing your public status, contact us at: feedback (-a-t-) freedomtaker dot com. OFF-GRID LIVING Independence? ![]() LIVE OFF GRID and have dirt-cheap overhead while working remotely or retiring! There is room for your garden, privacy and living on your own schedule. - Land for trailer or tiny house you supply. - Assistance installing your own off-grid solar power. - Well water included. - Assistance with setting up your home. - Low monthly rental for land only. Now is the time to go OFF-GRID. Take control of your life and ride out any upcoming apocalypse! Limited number of spaces available. 818-843-3667 Mainstream media is censored, biased and mostly propaganda. We recommend the following alternative news sources: Freedom's Phoenix ZeroHedge Need To Know News What is FREEDOMTAKER? In addition to being a depository of free download documents, this web site is a reminder of how important it is for every individual in society to "take", to actively claim, protect and defend the freedoms he or she values. The idea that freedom can be granted or that it is a "benefit of citizenship" is based on defective logic. Anything that is granted to you by someone else is not your freedom because someone apart from you is controlling the granting of it. The only true freedom is that which you imagine, take and protect for
yourself. If you look to someone else for your freedom you are
demonstrating that you do not understand what freedom is. While theoretically, someone can grant you freedom, that rarely happens. Why would someone give up their power and wealth so you can be free? Freedom
is almost always taken, not given. This does not mean freedom should be taken by infringing on the rights of other individuals. Of course we must have the wisdom to know the boundaries of our freedoms and have respect for the freedoms and rights of others. When to Compromise? "No compromise" means all parties who wish to have any relationship or transaction with us must act in absolute transparency and accessibility, with high integrity, full accountability, never presuming contracts with us, honoring our rescissions of contract without question or hesitation, getting fully informed and voluntary consent from us for everything they do that affects us or that costs us, upholding EVERY provision of our Constitution and disregarding any and every unconstitutional statute, code, regulation and policy. This level of freedom does not currently exist in America or any other country, but it is the ideal, and it can easily be achieved when a large enough fraction of the population demand it ... without compromise. Not everyone understands or agrees with these positions. To some, the taking of power and rights is considered a natural function of government and a corporate entitlement. They believe we must forfeit rights and freedoms to have a "civil and orderly" society. We at FREEDOM TAKER believe otherwise. Honor and accountability is only found in individuals, not in institutions. To see if you agree with the purposes of this site visit the above link to "FreedomTaker Philosophy" and see the paragraphs below... HERE IS THE
PROBLEM, Our "protectors" have created an endless and growing series of crises, disasters and wars and dangers as a means to cause fear and to hold power. As governments, globalists, banks, courts, corporate oligarchs, bureaucracies and wealthy elites watch their frauds come unraveled, their debt obligation charts turn vertical and their currencies fail, as the public begins to recognize that not just politics, but even terrorism, wars and disasters are calculated mechanisms of public manipulation and control by the same small cabal of moneyed elite, as those power players demonstrate ever more desperation to control, tax, exploit, "suspect" and penalize everyone and everything in sight, basic freedoms and rights have been disappearing faster than we have been defending them, and that trend is now accelerating rapidly. It is impossible to please the countless policies and false masters who seek to control and exploit us. Their hope is that we fail to comply and thereby be classified as "wrongdoers" and be subject to even more control and economic exploitation. We get psychotic and contradictory messages from our institutions and media. They entice us to "consume" to preserve the economy and pay more taxes while they penalize us for "causing too much release of carbon". They zone our jobs far from our homes, then condemn us for commuting and polluting. They say we must have "economic growth" while taxing economic growth at punishing levels. As we are bombarded with technology we are blamed for our use of it causing "climate change". It is not people who cause climate change, it is technology. Rather than bringing standard criminal justice against actual terrorists they strip-search every American who passes through an airport and they kill villages full of innocent people with unmanned drones. We are being squeezed into impossible traps of control and penalization by irrational collectivist agendas and ideologies. By declaring a contrived crisis of "man-caused climate change", elites seek to empower themselves to criminalize us for merely breathing. At the same time, each one of those elites who lecture us and claim authority over us consume hundreds of times the resources of the average person for maintenance of their personal lifestyles. Centralized control and policies that serve only the policymakers must be put away. Stale assumptions about "authority" must be seriously questioned for their failures, incompetence and corruption. Our "authorities" have created a public debt so massive that it can never be settled. In spite of the fact they did that without our consent and knowledge they drain our assets and earnings to service that debt without even asking if we consented to the debt. No person alive should be allowed to create debt upon another without written consent and fair exchange. Most debt is for wars, bailouts and programs that were never approved by you or me. Society's "planners" and "leaders" have caused millions of people to die in senseless and counterproductive wars, they have enslaved three-quarters of the world to the service of fraudulent fiat currency-based debt while they use schools and media to condition us to believe they are "competent leaders" against all evidence. Looking at what goes on, it would seem that competent leadership is not even possible. Between 2008 and 2014 a major percent of America, an astonishing 30% of all homeowners stand to lose the the roofs over their heads in foreclosures due to bank fraud, government corruption, poor public policy, failures of leadership and protection of corporate agendas. Police are becoming militarized and committing atrocities unheard of just a few years ago. Unmanned drone aircraft are being deployed within our borders in unlimited surveillance of a supposedly free population. In the name of "security" our "authorities" are putting global peace and stability at greater and greater risk every day with utterly sensless military actions while causing country after country to fear, hate and swear vengeance upon America and Americans. Our "authorities" have now shown themselves to be total failures, if not our most determined enemies. We do not need centralized control and institutional seizures of our power, wealth, rights, property and future. This web site exists to search for and offer REAL SOLUTIONS to the major challenges and assaults upon the individual's rights, wealth, property and self-determination by "the collective", the institutional and political puppets and their puppetmasters behind the curtain. If you have a solution that RETURNS power and rights to individuals, make sure to send us something about it that we can post. And if you need a solution like that, this will be a good place to look. Please look over the topics on our resources page and contact us if you have any knowledge or connections to empower free individuals in those areas. We WANT to put a link up for your solution if it can be verified. We want your video, redacted court filing documents, your proven ideas and methods of fighting the sociopaths otherwise known as corporate-controlled government, globalists, statists, police states, monopolies, unconstitutional statutes, and all forms of institutional force and control. Support of government must be voluntary, earned and deserved by a just and efficient government working in the public interest in the way the public demands. Any government agency, program or action not demanded by the vast majority of Americans is illegitimate agency, programs or actions. On this site we plan to minimize theory and speculation and maximize real answers and solutions. The times have changed. People need help and they need results. People need remedies against predatory lenders, excess taxation, property seizures, militarized police, personal control and manipulation by government, currency-controlling banks and globalist agendas. FreedomTaker.com, like millions of other people and organizations, intends to be part of the solution, a resource and benefit to anyone who values freedom, individual sovereignty and self-sufficiency. We are losing these things at this point in history, but those losses are waking a lot of people up, and many of us are waking up angry. Sadly, fighting for freedom is not generally done by only those who are materially comfortable or who cannot see the dangers ahead of them. Those who are blind and complacent are the first to be defeated and destroyed at the crest of the collapse. Those who are hungry and desparate are more likely to drive and welcome a revolution. Hunger and desperation is currently a growth industry nearly everywhere. Every act of official corruption, waste and injustice creates a new group of disenfranchised revolutionaries. In fact, considering the litanny of crises created by our corporate and governmental institutions, disenfranchised revolutionaries may be our nation's fastest growing demographic segment. WHAT FREEDOMTAKER IS This site places no cookies, uses no scripts and does not store visitor data without request to, and agreement from the visitor. This website does not contain legal advice, professional advice or expert advice. This site is opinion-based free speech. If applying information from this site we recommend that you verify the information before taking action. "It is never wrong to take freedom for yourself... It is never right to take the freedom of another."
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DISCLAIMER: The contents and downloads on this web site are not represented as legal advice or legal services. Please regard the content of this web site as the opinions of the content contributors. One reason the healthcare system is so abusive is that we fail to tell them what we we will, and will not, allow them to do to us. See the above video for a description of this download document for you to give to your healthcare provider. This Notice document will put you back in control of your healthcare! NOTICE TO HEALTHCARE PROVIDER Donate $10.00 to go to the download page. -OR- To get the document without donating click HERE. (MS Word Format) The best way to claim and protect your rights is IN WRITING. The free download documents here have value and utility for anyone who wishes to secure their lives and protect themselves and their families from a rigged and hostile civic and corporate infrastructure. These documents provide answers, claims and notice to many of the bad actors and wrongdoers in government and corporations who think it is their privilege to violate your rights, seize your wealth and property, invade your privacy and assault your health and safety. When you are "silent", when you fail to clearly state your position on the record, you are presumed to agree with whatever is being done to you! You are presumed to be a servant, slave and ATM card to the system. Documents, links and references on this web site help you correct that problem.
FOR UNSAFE UTILITY METER DOWNLOAD LINK This document causes that person to be personally responsible to pay all costs of harm and damages caused by the unlawful invasive radiation-emitting fire hazard surveillance device they have put on the side of your home after you show them evidence of damage and submit your claim. We have found that utility companies usually do not properly or lawfully respond to a customer's refusal of the hazardous and harmful electronic utility meters. Rather than simply provide a standard, safe and lawful electromechanical meter as the law requires, the utility company usually proceeds to unlawfully bully, harass, mislead and penalize the customer, and in some cases terminate the customer's electric service unjustly. Our courts, justice system and law enforcement consistently fail to protect utility customers from this abuse and these criminal violations perpetrated by utility company officers and employees. Those utility customers who cannot install OFF-GRID energy production of their own and cancel their utility accounts must take other measures to protect themselves as we outline on EMFhelpcenter.com. The NOTICE OF LIABILITY is a first step in protecting ourselves. There are more complete instructions explaining how to send the notices at EMFhelpcenter.com under the center column on the home page titled "SOLUTIONS". NOTICE OF DEFAULT |
SMART METER and EMF ASSISTANCE RESOURCES TO EMFhelpcenter.com You are one click away! Solutions, answers, tools, links and free downloads are all there. Actually useful stuff!
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Our courts and judges love to convict people and take their money. They even do this when THERE WAS NO VICTIM. The only protection we have against this injustice is JURY NULLIFICATION, the right of the jury to acquit EVEN IF THE DEFENDANT IS "GUILTY". This video is an excellent impartial explanation of JURY NULLIFICATION, a right held by EVERY JURY MEMBER.
Video (4:30):
The Law You Won't Be Told
free stuff. That includes free healthcare.
subsidized.
reimbursementfor
covered services. Their business gradually changes from providing medical services to gaming the reimbursement schedules. They either reduce the actual services they perform or they provide only the services which are quickly reimbursed whether or not people need those services.
stay healthyso they will file fewer claims for treatment.
exploiting the system.It becomes a
public offenseor
nuisanceto request or consume healthcare services whereas, in the old legacy patient-payer system, doctors were delighted to get a request for healthcare services.
how many more people are covered by new programs.
administrativeclasses. Billions are now stolen monthly which provide no benefit to the public.
End homelessness!, no one has to end homelessness because there is no one with enough political influence to actually end homelessness except the public officials. If the Public Officials actually end homelessness, they lose their funding. This is the perverse effect of
majority rule.


EMF Engineer Rob State's comprehensive 30-minute video "The Dark Side of Smart Meters":


LOCAL RESOURCES
In the right column of this site (link below) are local contacts all
over USA and Canada for activists, research and resources on smart
meters and wireless technology hazards:
http://stopsmartmeters.org/
The BIOINITIATIVE REPORT is a compilation of studies
by 28 independent scientists and researchers exposing the harm of
wireless technologies through rigidly conducted and peer-reviewed
published studies, research and experiments. CLICK HERE
EMF Expert Curtis Bennet's extensive web site packed with
hard data on thermal effects of wireless radiation:
thermoguy.com/emfeducation.html
Exposing the dangers and secret agendas behind Smart Meters:
http://refusesmartmeters.com/
Massachussetts
This web page has loads of info and resources:
http://haltmasmartmeters.org/
It is estimated that 35% of the population is electromagnetic sensitive and that percent
is quickly rising as wireless exposures are multiplying. If you are sick and you DON'T KNOW WHY, you
may be sensitive to EMF.
Very helpful info and resources are here:
http://electromagnetichealth.org/
electromagnetic-health-blog/electrosensitivity-primer/
Research, studies and solutions galore on harmful electrical pollution. Don't ask
"where are the facts?" They are right here:
electricalpollution.com/

Hard science, research and resources on electromagnetic pollution, hazards and effects, plus links to media articles at: http://www.magdahavas.com/
Feng Shui Expert Suzee Miller has studied how the growing
urban cloud of electromagnetic radiation effects our Chi - HEALTH, and
it's not good! Suzee's practical EMF solutions are worthwhile and
important to know about.
fengshuiplaza.com/fengshui_emf.html

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CENSUS WORKERS As a census worker, you may be executing the Constitutional directive to count people under a decennial census. That is all you are authorized to do. There are no Constitutionally vetted codes, statutes or laws which require public cooperation with the census or which authorize you to conduct personal surveys. U.S. Code Title 13 is not Constitutionally vetted and, in fact, is in violation of the U.S. Constitution and U.S. Code Title 18 Section 242. You are not authorized to conduct annual surveys of any kind. Under the Law, Census Workers may only count people once every ten years in the decennial survey. Under Census Law the term -survey- means counting people, not the collection of personal data. You may not threaten force. You may not use force. You may not threaten prosecution or penalty for non-cooperation. You may not collect personal information from me without my consent. You may not require or demand compliance. You may not nuisance by repeating questions and/or requests which have been denied. You may not linger on private property. If you do any of those things you will be violating United States Constitution BOR Am 1,4,5, and/or 13. If you commit those violations you will be subject to monetary claims, civil actions, criminal prosecution and imprisonment for violating U.S. Code Title 18 Section 242. If you commit those violations you are agreeing to pay claims and penalties to me and all those adversely effected by your actions. You may count and only count. In accordance with Constitutional provision, I will gladly disclose the number of people living at this address, and then you will please leave. I will not answer questions. I will not fill out forms. I will not sign anything. I will not offer any personal information. You may not collect GPS data on my property. If you do not leave when requested, you will be treated and handled as a criminal intruder and/or trespasser. If you fail to heed this notice I will not be responsible for your safety. |
The reason we developed and posted the free downloads of the Notice of liability for electronic utility metering for public use is that they provide excellent legal protection from any allegation of wrongdoing made by a utility company against a utility customer. Our notices clearly state cause of action and the notices can be delivered long enough before any action so the utility company has plenty of time to respond if they wish to rebut the allegations made against them or to mitigate or cease their violations.
Of the thousands of those documents which have been sent out, we have never heard of one instance where the utility company has even attempted to rebut the allegations in the notice or denied the harm the utilities are accused of causing, yet, utility customers are continually harassed and denied protection from unsafe and unlawful utility metering.
While a few utility systems have corrected their violations, and some cities and states are literally banning electronic utility metering outright, generally, if the utility gives any response at all to our notices, it is bullying and threats of retaliation against the customer for resisting the harmful and dangerous policies of the utility. This is why our newest updated documents do not give the utility any cause for cutting off anyone's service. Utility companies will try to deny or ignore the well-supported, documented and valid customer objections against unsafe radiation, fire hazard, dirty electricity and unlawful personal surveillance. Electric utility companies do not rebut allegations of harm, public endangerment and trespass because to do so would be perjury. Without a rebuttal from the utility company, supported by facts, law and evidence, our documents become forceful instruments in any legal contest. This means that what the utility company might call an "innocent mistake" becomes gross negligence, intentional wrongdoing and major liability for damages and risk.
Only by corruption and malicious persecution is it possible for anyone to be penalized in any way for protecting their own safety, health and rights by the process in our notice instructions.
Our notices clearly expose the utility company as the malfeasant party in a perfected, deliberative and verifiable way.
It is, of course, no surprise that utility companies do not wish to verify or acknowledge their own felonies, misdemeanors and violations of customer health, safety and rights, but that is sad commentary on the current state of ethics in our society and in the utility and wireless industries in particular.
Utility regulatory agencies were not structured to address these problems. Police and courts are generally ignorant of the violations being committed by utility companies and they seem to disbelieve the facts even when they are presented to them, so there is no institutional protection whatsoever for the utility customer against the wrongdoing of monopoly utility companies which are attempting to force unsafe and unlawful metering upon the public. That is why we must take action ourselves.
If any utility customer using our legal notices is being penalized, it is purely by corruption, ignorance and compounded malfeasance by utility companies and the justice system. Our main problem is not that our utility companies are committing criminal trespass, it is that the utilities, government protected monopolies, have become arrogant and corrupt, and our police and courts are failing to protect us as they are paid and sworn to do.
The idea that utility customers may be penalized for simply resisting harm, and that electronic utility meters are not fully voluntary to the customer or banned altogether is an example of fundamental and inexcusable injustice. Collecting the highly invasive and personal surveillance data of our private activities inside our homes seems to be the only thing that matters anymore to utility service providers. When did that become lawful?
The most logical solution to the electronic meter invasion is complete disconnection from grid services by such things as off-grid solar and wind power, water wells and rainwater collection, portable propane tanks, propane, gas or hydrogen generating systems and other such equipment fully owned and controlled by the user.
While previously considered impractical or too expensive, the cancellation of grid utilities is becoming a matter of survival, economy and peace of mind for a rapidly growing portion of the population.
Over 20% of the population is EMF sensitive and many of those people do not realize they have that sensitivity. As people become sicker from the deadly pulsed and weaponized wireless and dirty electricity flood from utility meters and house fires and personal surveillance there will be a mass exodus from grid service in the coming years. Under current utility policies it is unavoidable. That rate of 20% EMF sensitive will sharply grow as our wireless exposures grow throughout our living and working spaces, especially in urban centers. When EMF sensitivity rates approach 50% of the population, which could happen within a decade, there will have to be a major dismantling and removal of wireless services and devices as we know them today. The wireless industries which make trillions of dollars per year, will fight for decades if possible to continue their assault on our health, rights and privacy even as people die and become disabled from wireless exposures and injury, the massively profitable wireless industry will desperately pretend there is "no proof" for what is right in front of our eyes.
As utilities permanently lose more and more revenues by mistreating and alienating their customers, as they destroy all trust with the public, they may eventually learn to behave more honorably and compassionately. Or, maybe not. Utility companies have shown no interest in apologizing for any of their lies, violations and crimes even when they are caught red handed.
FOR SOLUTIONS AND HELP WITH ISSUES RELATING TO UTILITY METERS AND WIRELESS POLUTION GO TO EMFhelpcenter.com
Jerry Day
FreedomTaker.com
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Before proceeding WATCH THIS VIDEO. This principle applies to EVERY encounter you will ever have with law enforcement. DISCLAIMER: None of the information on this web site is legal advice, only opinion. A very brilliant Southern Californian man ("Scott") developed his own method of fighting speeding tickets. As of this writing he has received Dismissal of 8 out of 8 speeding tickets for himself, his family and friends. The method can be adapted to any prosecution of any infraction or victimless "offense" so in this column we are presenting a step-by-step guide to this method as well as free downloads of the necessary documents. The underlying principle of this method is that even though the police and justice system have very rigorous constraints on their actions, we tend to allow them to lie, cheat, steal and cut corners in direct violation of their own rules in order to extract wealth from the public on large scale with legally defective processes for prosecuting "infractions" and "Traffic Violations" where there is no damage and no injured party. By having no victims, the state can direct any revenue to itself in unjust entrichment. Victims need compensation. That is why the state often ignores victims and goes after victimless "offenders." By holding Officers and courts to some of the basic processes and rules that they are legally required to observe, Scott has been able to dramatically turn the tables on malicious and greedy prosecution of harmless and victimless "offenses" which are little more than plundering and looting of the public by our public officials. This method is strictly "compliant" with all Justice System procedures and does not involve any outlying "theories" or risky legal experiments. This method uses the system's own rules, codes and procedures to secure dismissals of speeding tickets. The reason this is possible is that the justice system has, over the years, unlawfully streamlined the "Traffic" penalty processes for profit, and the method presented here defeats that streamlining and makes prosecution of petty offenses highy UNPROFITABLE for law enforcement, municipalities and courts, in fact, so unprofitable that they generally select dismissal as the preferable option. At FreedomTaker.com we believe it is a public duty to challenge "policing for profit" in all forms, and when enough of us do that, the practice will be ended. Police should never have been recruited to revenue collection exercises against the public. Our police are trained professionals at dealing with true emergencies and serving the needs of crime victims. That is what they should be doing, and we believe that is what most law enforcement officers would prefer to be doing. To see an explanation of this process as given by "Scott" who has used the method successfully 8 times in a row, click on THIS VIDEO: HOW TO SET UP YOUR MOTION FOR DISMISSAL IN A SPEEDING TICKET CASE: NOTE: This process is for California, but can be adapted to other states with some minor legal research. When you are subject to an "Emergency Stop", do not protest, object or confront the officer about anything. Provide any documents requested such as Driver's license, insurance and registration. Do not engage any conversation, do not answer any questions other than to say "With all respect, my attorney has advised me to remain silent." Do not say or do anything to implicate yourself as "guilty". Sign the ticket and do not do anything to prolongue the stop or to make the stop memorable in any way. Do not try to "make friends" with the officer other than to comply minimally to his/her requests. Look up the law cited on the ticket and read every word of it several times so you know not just what it says, but what it really means. Codes are often written very deceptively. Usually you can find the law by simply putting the code name and number in a search engine. The citing officer, court, and district attorney is obligated to send you all facts relating to your case within 30 days of your trial (CA Penal code 1054) so that you can properly defend yourself. That includes any reasonable information you request. Download this "Discovery Template" document. DOWNLOAD LINK Go over the entire document and edit it to be appropriate to your case. When preparing the discovery motion you request a bunch of difficult and technical, but applicable stuff. While some discovery requests are already in the template, they may not exactly apply to your citation. It may be important to add or delete some discovery requests to make the Motion applicable to your case. If it's a speeding ticket with radar gun you focus heavily on the radar gun, calibration, officer experience, etc. If it's speeding and the cop "paced you" using his car, you request service records of the patrol car, info on the tires of the patrol car (make, model, size, brand, etc.), anything else you can think of. You are going to create doubt that the patrol car speedometer is accurate or that proper processes were observed. If the information you request will require effort and time to collect, that will increase the chances of a Dismissal. Make four copies of your edited Discovery Motion document. As soon as possible after receiving the ticket you will need to visit the Court Clerk's office with your citation and request to arrange an extension of the trial date for you because you are going to engage a "Discovery" process which takes at least 30 days. You will also request to enter a plea of "Not Guilty". By doing that with the Court Clerk, you may be able to avoid an appearance for "Arraignment". Ask the Court Clerk how and when you will be noticed for any necessary appearances. Do not provide any details to the Clerk, simply say that you need time to prepare for your case and you need at least 30 days, the more time you can get the better. While you are there, file the "MOTION FOR DISCOVERY" which you have prepared. Give the Clerk an extra copy to stamp as "Received" and return to you on the spot. This is called a "conformed copy" and it is very important to have later so you can prove that you filed the Discovery motion if any question should arise later. At the Court Clerk's office request the mailing address for the Prosecutor who will be prosecuting your case. In all interactions with the court, the clerk and all other players, never provide any more information than you have to. Do not chit-chat about your case, your actions or strategies. Be compliant, but never "help" the police or prosecutor "do their job", they have identified you as an "offender". They are your opponents in this matter and they are planning to do serious damage to you. Never presume anyone to be "on your side." If bail is required, pay it and make sure they have your correct address for a refund of the bail later. After the Clerk's office, you will go straight to a U.S. Post Office to "serve" your MOTION FOR DISCOVERY on the citing agency (Highway Patrol, Police or Sheriff, the address should be on the citation) and the Prosecutor (you got the address from the Court Clerk). You send them both by U.S, Postal Certified Mail, signed receipt. They have 30 days from the delivery date to respond. You should receive the signed receipt in the mail within a week or so. It is wise to also go to USPS.com, click on "Track A Package" and enter the number from your certified mail receipt. Print out that delivery confirmation and keep it with your records for presenting or filing in court. Most likely you won't get a timely response or, if you do get a response it will be incomplete and fail to respond to all your points and requests. In their streamlined and unlawful "Traffic Court" system they are not prepared to do the actual work of a normal criminal trial. They may even tell you that they do not have to respond. It is not their right to say that, it is up to the judge. Your position is that they must respond to all points in your Discovery Motion. If, in court, the judge disagrees, then be very respectful and gentle in requesting reconsideration. Never demand anything of the judge. There is about zero chance that the accusing officer will adequately answer all your discovery requests as outlined in the download template. So 2 to 3 days prior to your trial, file the attached MOTION TO DISMISS DOWNLOAD LINK Download, review fully and edit the document to be appropriate to your case. File that with the Court Clerk and again, get a stamped ("conformed") copy and send copies to the citing agency and the Prosecutor by certified mail. AT THE TRIAL HOW TO DRESS: Men: Do not go into court wearing a t-shirt. Wear something respectful but not flashy or "rich". Look like a regular but humble guy. Women: Don't wear anything sloppy or disrespectful. Going "sexy" is very risky, but if you can, quietly visit the Traffic Court before your trial day and assess the judge and how he or she responds to different character types. Dressing for success in court means dressing however the people are dressed who are getting dismissals from the judge. Judges are never held accountable for violating the law or violating people's rights, so they violate those things it without even thinking. And yes, judges are prejudiced in many ways, but sometimes they do radical things to show they are not prejudiced. In this method you have to simply assume the judge is honest, fair and strictly applying the law, even when it is very obvious that is not happening. Pandering to judges has turned our justice system into an embarrassing joke, but that is how the system works. Chances are you will never actually argue the merits of the case so do not focus your preparation on that. The most important thing is to be prepared to introduce your MOTION FOR DISMISSAL BEFORE the trial proceeds. Be prepared to respectfully inform the court that discovery was not received or not complete and request a ruling on your MOTION TO DISMISS based on the "lack of discovery." If the court or the prosecution starts to argue the point that some discovery was provided, just stick to the position that it was not complete, it was not timely, and Move for dismissal as many times as necessary to get a clear ruling. If the judge or the prosecuting attorny seem to be "allowing" that discovery was adequate or timely, cite ALL of the following caselaw: Argument: "Discovery laws do apply" is provided by: Penal Code 1054 And Hobbs vs. Municipal Court 1991 And People vs. Matthews 1983 Argument: "Precedent for Dismissal based on lack of Discovery" is provided by: People vs. Brophy 1992 Argument: "Under inadequate or untimely Discovery response, the testimony of the party responsible to provide Discovery must be removed" is provided by: Sandeffer vs. Superior Court 1993 Under those citations of caselaw, you move the court that the testimony of the accusing officer be removed from the case. The lack of compliance by the officer on providing Discovery response is the foundation of this method. If they attempt to railroad you past that question, do everything you can to respectfully and peacefully direct the court back to the question. If the court blatantly disregards your claim of failed Discovery, or rules against it, you will have right of appeal if you simply say clearly and audibly "Objection, the Defendant's right of Discovery is not being protected."Judges can be very arrogant, sometimes actually telling you that you can appeal, which is like saying "Yes, I am violating your rights but that is your problem, not mine." If the judge does that, simply say "Thank you". That is the judges signal that he/she is deliberately violating your rights and denying your right to requisite due process. Any argument at that point will just cost you more. When the testimony of the accusing officer is removed (as it should be), the only witness is you. You say "As the only witness in this case I have declared myself to be not guilty and I move the court for dismissal in accordance with my Motion For Dismissal in the court records." Here is how Scott illustrates how you might handle that in court: In front of the judge, say "Your honor, I ask that you make a ruling on my previous motion for case dismissal based on the lack of discovery." If the judge does not dismiss, you can ask "How can I properly prepare my defense if the prosecuting DA and police department are withholding key evidence that may prove my innocence? California penal code 1054 and case law Hobbs vs. Municipal Court 1991, People vs. Matthews 1983, and People vs. Brophy 1992 clearly show I have the right to discovery and my right to that has been violated, I ask you again, respectfully, to dismiss this case". If the judge dismisses the case, say no more and walk out. No celebration, no fist-pumping, no "gotcha" gestures, just walk out. If the judge denies your dismissal, say "objection, disregard of the law by the court." then ask the judge "Your honor, I ask the court to exclude the testimony of the issuing officer as per case law Sandeffer vs. Superior Court 1993" (the judge may not proceed without allowing discovery). If so allowed, the only testimony left is yours, then you say, as your testimony, "Your honor, as I have stated, I am not guilty", then SHUT UP. Do not answer any more questions regarding the merits of the case because THERE ARE NO QUALIFIED WITNESSES AGAINST YOU. Just respectfully and humbly repeat your position that you are not guilty and say "I move the court for dismissal for lack of Plaintiff witness". If you do all of this and do not get a dismissal, it is almost certain that the judge made an error. So your appeal, if necessaary, will be very simple and easy. Just write up the judge's error and submit that as your appeal. If you don't get the dismissal, at this point, arguing the merits of the case will only muddy that up. ("If you know that they failed on Discovery then why are you arguing the merits of the case?") It is best to simply repeat your motion for dismissal for failure of discovery and object to any failure of dismissal, then let the court make its ruling, then you file the appeal. If the prosecution actually did provide all your discovery properly (very unlikely), there is probably something in there that gives you something to argue about the citation. Remember, ANY part of the discovery they fail to provide allows you to bring the whole process to a halt and move for dismissal. There is no such thing as a "good try" in discovery. Another effect of serving the police department, district attorney's office, and court clerk with discovery motions and certified return receipts is that you're clearly demonstrating you know the law and how to defend yourself. Traffic courts and traffic Officers are bullies. They pick on the weak and uninformed. When you stand up for yourself legally, properly, calmly and respectfully, they immediately move their focus to someone else to pick on. The traffic cops would rather not show up to court if they believe they will and lose in the public trial. Even their supervisors agree with this. As soon as Scott started using this strategy, the traffic officers mysteriously started not attending his trials. It can't be a coincidence. His last ticket, the officer showed up for the first time and Scott actually had to argue the case law cited above, and ask the judge to rule on his request for dismissal due to lack of discovery. The Judge agreed with Scott and dismissed the ticket. The young traffic officer didn't get to say a word, but Scott saw his face get red and "steam coming out of his ears". The officer knew he lost his case because he was too busy or too lazy to fulfill the Discovery request. It costs time and money to collect requested Discovery information, hold court and have the officer appear. They know that if they do all that the court and law enforcement offices can lose a lot of money. Since our Traffic Courts are now a revenue system, not a justice system, the court has the disadvantage of having to follow due process IF YOU REQUIRE IT. It is all up to you, your actions, and how well you understand this method. Scott's final comments: "When you are in the court house, you'll notice how they heavily push traffic school, making payments, etc. All those options are designed for the uninformed and suckers. Whenever I get pulled over now, I view it as a worthless exchange of paper work. The traffic cop gives me his worthless paper (ticket) and I give him my worthless paper (discovery motions) and we call it even. It's a bit of work, but nothing is sweeter than a refund check, no points on your record, and the knowledge you can defend yourself and receive some measure of justice. I'm not an attorney, nor am I offering you legal advise. Just sharing my impressions of what I found that works for me. I've won my last 8 ticket trials in row for myself, friends and family...Good luck!" |