for your perusal... PREVIEW OF NEIL ROWE’S OFFICIAL COURT ROOM STRATEGY TEMPLATE FOR 2017 by Neil Rowe P.A.G; Professor of Law INTRODUCTION Three (3) Steps and Four (4) Elements JUDGE – Do you understand the charges as I have just read them to you / and how do you wish to plead? NEIL’S RESPONSE – I) Are deadlines and due dates for appealing prejudicial court errors incident to arraignment or initial appearance extended if transcripts of those proceedings requested at state expense to protect an indigent defendant’s right to appeal are not promptly paid for and provided by the state? I’m going to have to request you extend those deadlines in anticipation of delays and provide the proper forms for me to obtain indigent status with this court. JUDGE – What !?!?! I’m not here to answer your questions! NEIL’S RESPONSE – II) A Judicial officer is forbidden from practicing law from the bench or providing legal advice, but is required to declare the law and proper procedure in answer to questions of law and procedure, there being the difference between opinions and facts, and when you ask for facts regarding the case judges generally will mischaracterize your questions of fact to be requests for advice. So is it the common practice of this court to mischaracterize questions of law and procedure to be requests for advice, so you can avoid your duty and obligation to me to answer questions of law and procedure? NOTE : A Judicial officer is further required to order transcripts and provide you with the proper forms to obtain Indigent status so that you might obtain transcripts of proceedings for the purpose of timely appeal. Almost all appeals require complete transcripts, so you better make obtaining them priority number one at arraignment or initial appearance. If you don’t, they really have no cause to take you seriously. After we first establish there’s a record, and more importantly, that you can secure transcripts of each and every proceeding before the seven, ten, fourteen or thirty day deadline for appealing errors of the court at arraignment or initial appearance…) JUDGE – How do you plead !?!?! NEIL’S RESPONSE – III) Is there any drawback to entering a Not Guilty plea? (there is) Is it true that entering any plea to the merits serves a waiver of my right to a preliminary or probable cause hearing, and, more importantly, preemptory or jurisdictional challenges to inadequate notice and defective service of process before pleading? (it does) What are the four elements required to perfect adequate notice? (the prosecution usually only provides one or two of those four elements in the charging papers being defective service of process) And, is it the common practice of this court to mischaracterize an inability to make a reasonably informed plea due to inadequate notice that fails to allege all the text book requisite elements of a valid cause of action or controversy in law, to be refusal to plead, so you can enter a plea for me waiving my right to challenge inadequate notice, to avoid your duty and obligation to conduct a preliminary hearing and make a probable cause finding and determination that warrants binding the case over for trial or requiring a plea, covering up for the prosecution’s Inadequate Notice and Defective service of process, demonstrating bias and prejudice for the prosecution and against the defense, requiring your recusal and disqualification from hearing any other matters associated with this case? FOUR REQUISITE ELEMENTS MUST BE ALLEGED IN WRITING TO STATE A VALID CAUSE OF ACTION OR CONTROVERSY IN LAW FOUR ELEMENTS 1. Earth - Nature 2. Wind - Cause 3. Fire - Jurisdiction 4. Water - Relief 1. NATURE – the naked allegation that a particular law was violated 2. CAUSE - Also referred to as probable cause, or a ‘probable cause affidavit’ of witness’s or officer’s testimony of acts witnessed that would tend to show the crime charged was committed. A police officer charging you on ticket or citation without a sworn narrative of what he witnessed or saw does not constitute an affidavit of probable cause. 3. JURISDICTIONAL STATEMENT – A proper statement of Jurisdiction would indicate that the accused is a member of the general public charged with violating a publicly enacted Common Law (requiring an injured or damaged real party of interest or victim), or that the accused is a member of the military or civil service charged with violating military law or administrative rules and regulations found in statutory civil law (dereliction of duty requiring no victim or public enacting clause) which only apply where probable cause to believe the accused was acting in a representative capacity is required where requested to perfect adequate notice pursuant to Rule 9 FRCP. 4. REQUEST FOR RELIEF - Statement of relief or remedy requested, jail sentence, compensatory or punitive damages, injury or loss incurred and penalty or fine. NOTE : Prosecution is required to take original sworn complain of officer or witness, ticket or citation, which do not on their own confer jurisdiction, and convert or incorporate them into a proper information or indictment that includes all requisite elements of adequate notice to which you might be reasonably expected to make an informed plea, and they rarely do, except in cases involving felonies generally, and even then they often cut corners expecting the accused to be ignorant of these requirements mandated by pleading practice standards in all 50 states and in federal law, which additionally requires the accused be informed whether he or she is charged and being prosecuted in an individual private or official public (representative) capacity of government or political subdivision of government such as a business or corporation licensed by government. Because licensing has been extended to all businesses which are therefore no longer private, rendering them a political subdivision of government, all Americans are generally charged as officers and agents of government enterprises acting in a representative capacity, even when off duty and acting in a private capacity, expecting the accused to be ignorant of this class distinction significantly effecting subject matter jurisdiction. STANDARD JUDICIAL NOTICE If you attempt to play word games with me, I’m going to send you back into chambers with your tail between your legs looking for a dictionary so you can provide me the definition of driving or transportation (pick any word in the charge) your using like I graduated top of my class in law school. Your just a public servant who attended a community college, my trustee, with delusions of grandeur, impersonating a superior officer. You're my servant, not my master or superior officer. NEIL ROWE’S OFFICIAL COURT ROOM STRATEGY TEMPLATE FOR 2017 by Neil Rowe P.A.G; Professor of Law Traffic Court General Answer and Response ___________________________________ It was almost, exactly, ten years ago. I had just been paroled from Law School. And I was kinda starting out all over again at 36, buying a new, used truck, and, looking for a new job, and, maybe a new girl friend. I borrowed five grand from family to buy the truck, and then couldn't afford the registration, tags and insurance initially. So, I drove around for a month collecting a stack of tickets. By the time my first court date on the first ticket rolled around, I had amassed 12 citations for failure to maintain proof of financial responsibility, 12 citations for expired registration, and 12 citations for expired tags. The number 36 has particular significance in this story. Judge Mullins is well liked in Pike County. He's a plump, jovial, short hippy dude with long hair, maybe only fifty, then, and he played in a blue grass band. Kinda like a musical... Hillbilly Benjamin Franklin of a county Judge in a small town in the mountains midst the coal mining communities down south. He goes out of his way to treat every one with the utmost respect, and hands out the lightest sentences possible for minor offenses. He'll even provides reasonable long term financing, and graciously extends your time to pay fines. So he strolls into court enthusiastically and takes the bench, quietly whistling a death march with a grin, and he begins to quickly dispense with the cases on the docket, urging the prosecution to offer everyone the lightest sentence and lowest fine possible to plead guilty, and move on, and things seem to be going rather smoothly, until, somewhere in the middle of the morning docket in a packed court room, they call my name. “Sir you are charged with...” he stops short, as a look of shock and confusion comes to his face. He shakes his head in disbelief. “Uhhh...It appears, from the registry here, that you received a citation about a month ago, charging three offenses, no insurance, no registration and expired plates, three separate charges, in the first instance, and since that time... you have accumulated an additional eleven citations, before the first one is even scheduled to be heard, for the same three charges... 12! of each, in total : Thats 36 separate charges, in ONE month.” Long pause. Stares at the list. “Mr. Rowe, this amounts to MASSIVE – fines, and, could result in CONSIDERABLE - jail time. Just... Just, how... how do you intend to handle this?” Now, I had familiarized myself with nearly, every text book, and extraordinary alternative strategy out there, years before. And I had long since settled on the same old divide and conquer strategy, that I find I always return to as my foundation for any confrontation with another high priest or witch doctor of law. “Well your Honor, Sir, I understand that as an American, I have a liberty right to unrestricted, unregulated, unlicensed, uninsured, freedom of travel in all fifty states, and that driving is a profession defined in law as transporting persons or property for profit, so how exactly am I required to have all this stuff for a transportation business I'm not interested in engaging in, absent a paying passenger or cargo to serve as probable cause for the officer issuing the citation to believe I was engaged in any such public service transportation business to begin with? ” (I think that's kinda what I said, if not something similar, and to that effect.) It was very brief. I had rehearsed it for a week getting my time down, and spoke for less than 30 seconds, and that's all I needed. And it was over before it even began. And I knew it studying his reactions. His eyes glazed over as I was speaking, and I saw the stoner in him, like he was having a flash back to a frat party in college at law school, I remember thinking. And for the very briefest moment after I finished, I noticed that he completely lost awareness of himself and the fact that everyone in the court room... They have a statute which runs counter to the 5th amendment in that one is punished for failing to provide evidence to be used for one's own prosecution. They're also punishing you for not committing the criminal act of making false representations to a govt agent. They're punishing you for not working in concert with them to abrogate their oaths.