I recently got a registration ticket in weatherford tx, I also have warrants out from haltom city for seatbelt and fta , one in fort worth for fta and speeding. I am wondering what to say to the judge of the weatherford municipal court. last year , same issue , I went before him and he read off my charge looking at me for a response ,I said I objected to the jurisdiction, I noticed a flash of surprise as well as almost humor in his eyes for just a second before he started asking about where the ticket had been written,the prosecutor then said she wasn't trying to speak for me but she assume i was referring to the fact I showed up just 2 days after it was issued and it had not been turned in at that time , he looked at me and said , is that what your objection is about, I said that's part of it but no , its not what I was talking about , he then said he was growing short of patience and was getting irritated. but before anything else came down she (prosecutor) said something about my having gotten my tags, and long story short, he asked me if i had gotten my tags , I said yes , he said would I be ok with them dismissing it if I could show them I got my tags , at that time I said yes because I was still very new to all the reading on this and felt since I would not be out of money and it would be dismissed I better go for it. hence ,now, a year later, my truck is old and i know it wont pass emissions s and I refuse to give the corporation another dime , and they'll want 20 to dismiss if I get my tags. so I'm wondering how to proceed, what to say when, and how do I tell him how its going to go without sounding as though I'm not sure of myself. also , if they try and arrest me for the out of town tickets should I accuse them of kidnapping or extortion? also ,how to let them know I'll not be getting "registered " again and that they better put me on their do not pull over list..( this judge used to be a cop in this town and knows that I have a notorious background for being a bad actor, ) although I am off paper now , and have not been in any trouble in years minus some fan leaves that were taken from me the other day, which no charges or arrest were made. I've been to prison in tx 3 times , once for unauthorized use, when I was a teen, and one in 2001 for delivery of a control. substance, and tampering w/evidence the last time. Im 50 yrs old now and as I said am off paper. I need to go before the 28th , and tell them what's up. also , lastly. how do I take care of the warrants for traffic tickets out of town if they don't arrest me. who do I write and what do I say . I appreciate any advice or even what not to say advice I can get on this . if you need more information , you can call me if you'd like or let me know what more you need and Ill get it for you and post it with this thread,thank you. my name is mark bynum, my number is 8177578627, I hope its not against the policy to put my number up,
munincipal court/warrants for tickets/possible future warrants
Mon, 09/26/2016 - 13:07
#1
parrotail
munincipal court/warrants for tickets/possible future warrants
Anytime tht you are attacked by government agents, you must always file a counterclaim. But let's get to the covnersation you had with the judge.
The judge knew you were challenging his jurisdiction and tested you to see if you knew what you were talking about. There are three types of jurisdiction that the judge must have before he can proceed against you. He must have subject matter jurisdiction. They almost always have that. They must have territorial jurisdiction. They usually have that. They must have jurisdiction over people. They NEVER have that without your consent.
So when the judge asked where the ticket occurred, he was testing to see if you knew what he was talking about. So he knew that you knew something, but wasn't sure how much you knew. Once you told him that you got your tags, he was satisfied you did not know enough and thought he would let it go anyway.
There is a right to free travel affidavit that you can send to the department of motor vehicles that should get them to update their computers. The affidavit informs the states that should you get a drivers license, it is for your convenience only. There is significant case law that say you do not have to have a license, but I have not personally been able to vet those cases. I guess I will have to make a trip to a law library to look them up.
As to the warrants for tickets, you are going to have to file a counterclaim against the state, the counties in which the tickets were written and the towns in which they were written. You can include all of them in one action, since they show a pattern of infringement of your rights.You need to name the cops that were involved and the judges who signed the warrants.
The next time that you find yourself in front a judge and he asks for a plea, tel him, "I object to the code and the jurisdiction of this inferior court." If he asks for clarification, tel him,"Well, we are guaranteed the common law by the Constitution for the United States of America and this is a statutory court and that makes it an inferior court., It is also an unconstitutional court. I object to being here. I demand to be heard in a court of record.
M. R. Hamilton
thank you , I've memorize the statement for the judge , but since its at or beyond the 15 days, I think the clerk will say to pay the fine or show tags and pay 20 dismissal, should I tell her I object to the code and jurisdiction of this inferior court? or tell her I'm present to remedy this matter with the judge, then tell him.
also , I'm assuming I am objecting to the code because it doesn't apply to one of the people of Texas, if not ,or if I've more than one objection to the code or the one is not right , I'd like to have that base covered.I'll probably be going in there this afternoon.
parrotail
Mr. Bynum,
I'm sorry, I just saw this post...How did it go?
..hi Mr Hamilton,
Would the Abatement procedure preserve all your com-law rights, and eliminate the need to have to make an Appearance, or is the Counterclaim still the best way to go. I may not quite understand fully the Abatement process, but doen't it, in essence, tell the court, "this is not the proper forum to judge this matter; I'm aware of it; so make it right before you try to get me to submit to your [their so called] 'jurisdiction'."
If this would be correct also, wouldn't it be better, particularly if the ticket was issued out of town, thus avoiding having to drive/travel far away to resolve a matter.
I realize, tho, if you get ARRESTED, for a FTA, [failure-to-appear] then you might have to go to court, but these guys do this in their sleep for practice, don't they? They are quick, and very slick, knowing just what to say to suck you into their juris'n traps.
Please don't misunderstand me. I wanna fight and defend myself, especially when someone's trying to con me out of my labor. I'm just trying to win with the least confrontation factor.
frisbee101
Mr. Fisbee101,
I'm Randy Townsend, out of experience, I will be honest, filing a counterclaim, which is a lawsuit against Law Enforcement, Judges, Clerks is NOT in any way easy. I've been harassed, arrested twice and I won my first case against them, but they still think, in some way, that I cheated the system, some how. They never looked up the laws or Case Law that we've got to back up what we say...which is Common Law is the Law of the entire United States, but ONLY a few know about it and use it, which really makes the De Facto Government angry. They are too accustom to being allowed to do things, as they please, without any interferrence...so much so that most today don't even realize they are enforcing Statutes, Codes and Laws that are not Law. The Law Enforcement and Judges that I've encountered are very ignorant of even the Statutes and Codes, that they enforce. I've shown them that "Speed Signs" are for "Commercial Drivers and such, transporting goods for hire and even gives the example of a bus driver. Not one description is of normal people traveling to and from places they want to go...but they still don't believe it...even when you use their own books against them, so we have to understand that they are going by training only, which has been flawed, on purpose for many years to get extra revenue out of you and me and everyone else...so they can blow it on keeping their scam going.
SOOO...to say it simply, NO!!! filing a counterclaim against the corporation is grueling, but you have to know that the reason you are going through it all is to get the system set BACK on what it is truly meant to be...Common Law. Where Free People stay FREE. FREEDOM isn't FREE...We have to WORK to keep it and we've been lazy and ignorant for a long time...Fighting for FREEDOM the RIGHT WAY!!!
God Bless and May God Bless Each Truthful Case We Take Action On....May we stay mindful of our Morals and Ethics, even when others have lost theirs, somewhere, along the way.
Bravo DocT. I could not have said it easier myself. What we all have to keep focused on is we are not just fighting against a ticket. We are fighting to stop the issuance of tickets, forever. The more people do this the easier it gets.
We have to remember also that they depend on coercion and fear to keep you in submission. Much of this process is not just knowing what to do. It is an attitude. The attitude is the same as you attitude should be when someone comes into your house and orders you around in your own house. When you are in court, you are in your court. If the judge attempts to make an order in your court, you are to correct the judge.
Randy is right. Once you challenge the corporation, it will try to scare you back into submission. Just remember, the more they do to you, the more it will cost them and we are going after their assets. Unfortunately, banks and large corporation have more assets than government employees do, but some of these judges have a pretty good amount of assets.
The only way I ever go into court is with a counterclaim or claim in a court of record.
Most of your paperwork can be submitted by mail. You will rarely have to appear in court.
M. R. Hamilton
well ,I went in to court this morning , I put it off as long as I could, and had to be in by 5 yesterday or they'd issue a warrant. I went in and said I was there to remedy this thing , and a lady there , said I had to enter a plea or pay the fine . I told her I wanted to see the judge, she said he was gone , and repeated her statements . I told her I would not enter a plea , or pay the fine, and she said if I could post a bond of a hundred and fifteen I could come back to see the judge , I told her I was broke, and after that she got on the phone and talked to someone , and finally came back to tell me I would be able to see the judge in the morning and to be here around 8;15 . so I got there about 8;30, she had told me that it wasn't the normal judge I would be seeing ,that a visiting judge would be there that day. as soon as I got there they came to the door and took me down to the court room. I noticed I was the only one in it as they turned on the lights when I entered. the guy who took me back there said hey, this judge is a woman and I just want to say you may want to be careful how you are in front of her, I said what do you mean, he said well you know , shes not like our regular judge and you just need to be careful how you are with her, you know , how you did the girls in the office yesterday , it was kind of rude. I said hold up , I wasn't rude , I was only doing what I believe in , and I'm planning on telling this judge the same thing , he said oh I know , I was just letting you know to b careful. I was under the impression he was telling me I would piss her off if I went ahead with what I planned on.I think they were trying to intimidate me ,after about ten minutes she came in ,called me up there, she asked me how I plead ,my response was I did not wish to plea anything ,I wanted to object to the jurisdiction and the code . she said that would be fine but she needed a plea from me first and I said ma'am , if I plea then I will be ceding my jurisdiction to the state ,and that is what I do not want to do , she was pissed i could tell , and then she said ,well ill enter a plea of not guilty for him and with that i was ushered out , i was going to object but I'd already Made plain my reason for not entering a plea. when i got back out front , they started letting all the others go on back , and I realized they wouldn't allow them in the court because they wanted mine to be private or un heard by others/ then the lady at the counter told me i had to be at court tomorrow and wanted me to sign a paper , which i told her , im not signing anything , so they went back ,talked to the judge i guess and came back and gave me the paper, I will upload it in a bit , just wanted top get the jist of this out there for now.,,after looking at the paper, it shows pretrial date of November 15. should I go ahead and file a claim on the wasted days of my having to go up there , and or one consisting of my jurisdiction issues. any advice will be appreciated.
parrotail
Never allow the judge to enter a plea for you then leave the courtroom, even if they are trying to "usher" you out. Your whole purpose was to try to keep this out of their jurisdiction and if you allow her to enter a plea on your behalf and you didn't object to it, you just put yourself right back under their jurisdiction. Beside the fact that by entering a plea on your behalf she has committed more than one felony. Now you'll be forced to go through the extra steps of withdrawing that plea.
I'm happy to see that you are trying to educate yourself so you can be capable of taking care of yourself but the problem can become a serious problem if you go into the courtroom only armed with part of the knowledge you need. Part of your learning process will be to depend on others to help you learn how to properly respond so that these extra steps can be avoided in the future. Most of us work very hard to try to educate everyone who has a need for help and this forum is a GREAT place to learn and get assistance from others, but you really need to know, and be prepared for, whatever is likely to occur (such as them using these tricks to get you to concede jurisdiction unknowingly), before you walk into that courtroom. You don't need to continue to make trips to the courtroom. Find the help you need from someone here and submit the paperwork needed by mail instead of wasting your time appearing in court and affording them the opportunity to use these tricks in the first place. The judge entering a plea on your behalf, and putting you under their jurisdiction, isn't the end of it, it simply adds a step to the process of staying out of their jurisdiction. Never go into court and appear intimidated by the judge. You need to know that your are in charge (when it's handled correctly). Once they see intimidation or uncertainty from you, they know they have someone who is only partially informed and many times that can be as bad as being uninformed. They know what they need to do so you have to know what you need to do or yield the advantage to them.
Again, I commend you for your efforts but get someone with some experience to help you with your paperwork and guide you through what you need to know. Thats the best way to learn. Get the plea entered by that judge withdrawn or get an order in to vacate it and take it out of their hands.
I don't get as much time in this forum as I'd like but if you have other questions I can help with, feel free to go to my website at http://www.JusticeEdwards.com and use the contact info on their. Good luck with this.
Justice David Edwards
Superior Court Judge
Actually, the plea does not have to be withdrawn. Just because a judge commits 6 felonies by entering a plea for someone, does not add any extra steps at all to a case. The correct next step is to file a counterclaim. That has to be done anyway. The counterclaim just has to address the perjury committed by the judge.
parrottail did this exactly right. He stated he was objecting to the jurisdiction. The actions of the judge did not get his consent to the jurisdiction. That's like saying because a robber took your wallet from you and you did nothing to stop him, you consented to his taking the wallet. There is a proper way to conduct business in court and standing there putting up a fight is not one of them. All of the arguments should be in the paperwork, and the way this occurred just increased his damages and her felonies.
As a matter of fact, the absolute worst thing thing that someone could do after a judge enters a plea for someone is to enter any documents in that court to withdraw the plea. You NEVER enter paperwork in their court except to notice their court from your court.
You could have told the judge when she said that "That is perjury judge and a violation of 18 USC 241 and 242." That may have dissuaded her, but most judges do not believe that you kow enough to do anything about it, because many of these lower level judges are very ignorant of law. Remember, their information is controlled, too.
M. R. Hamilton
thanks for the replies, I'm glad to know I shouldnt have to be appearing much anymore. I wioll try to upload the paper they gave me tonight .
parrotail
I downloaded libre office but cant get it to open anything. I need to file a counterclaim on this, and while ive found some that are kinda close to what i need ,im not sure exactly how to start. I guess ill post more info tonight , but am thinking this should be in the members forum. ive got a lot of the case law for the jurisdiction and some of the judges entering a plea for me written down, but need to know which to argue first etc. will post more info this evening.
parrotail
You should put your case in the member forum. Either pay the dues or take the oath. If you have taken the oath of office for continental marshal, that makes you a contributing member. Just send me a copy of your recorded oath.
M. R. Hamilton
Greetings. I'm new to this forum. My husband was arrested on a bench warrant and was kidnapped and carried away by policy officers. I was also accused and arrested and placed in the back of the car for obstruction of an officer. The officers could not get a name on me and ran license plates to ID me but no luck, so they let me go but took my husband. This happened on Sunday and today is Thursday and I haven't heard from my husband yet. He also got his noncitizen national passport back in February but he still got arrested. All of this over traffic citations. Because I am his power of attorney, should I file a notice of removal from state court to a federal court along with a counter claim? Please point me in the right direction. I along with 15 other people have a think tank circle in which we research legal and lawful matters. We would love to volunteer to be judges, marshals, grand jurors, etc. Tell us what we can do to help.