Challenging the state's lack of evidence is universal to all cases.
If they havent presented evidence that you are subject to their jurisdiction, the case cant move forward until they do.
If you dont raise the issue you waive it.
It can be brought up at any point, even on appeal, but you have to do it, your lawyer wont.
The time spent learning how to get the state not meeting its burden on the record will not be a waste of your time.
It kept me out of prison.
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The law (Penal Code 1004) does not work that way in California, and I am skeptical that it does, or even could, work that way anywhere. What jurisdiction was your case in?
Oklahoma, but the fellas are all over the country and the uk.
The state never provides evidence to support its claim of jurisdiction over you, because there is none unless you agree to it.
Youve read Lysander Spooner.
Absent that evidence, their case fails to meet its burden to prove every element of the charge.
Jurisdiction is one of those elements.
If you, because your lawyer will get disbarred, dont raise its absence from the record the judge assumes you waived the issue.
If you raise the issue, evidence of jurisdiction is not presented, and the judge allows the case to move forward, he commits the felony of allowing a case to progress absent evidence.
Im telling you, if i had been on the ball in the beginning i couldve gotten the whole thing dismissed.
Felony drug charges.
As it was, i let it get to trial day on misdemeanor charges because i didnt know what i was doing.
Rather than lose on appeal from the county jail due to a lack of access to the court of criminal appeals, i signed to the misdemeanor with no fines, no probation, and time served.
Without a lawyer, at all.
You know how much they love money.
That alone was a victory.
You got to do what you do, i can only tell you what worked for me.
If there is a next time, i will know better what to do from the first time i talk to the judge.
My prior post was unduly negative. I am exhausted. The procedure that you are referring to is, in California, called a demurrer. (There is also a motion in arrest of judgment.) In Federal District Court, it is a motion to dismiss for failure to state a claim.
You are correct in that when you are asked to enter a plea, you must raise all issues of sufficiency and jurisdiction, or they are, with some exceptions, waived.
I know California law and procedure thoroughly. I am dealing with judges who are full throttle renegade. On Thursday, the day before the contempt hearing, I filed a Younger (1971) complaint in federal district court. The record that the State Court is giving me is perfect for a Younger (1971) action.
Ok.
The fellas are telling me that federal courts ignore the challenge to jurisdiction.
Not one successful ruling in 20 years of trying.
Interesting. I'm starting to think that there might be something real to your "wrench". But the bottom line is that I need to find people who will do what I need them to do, rather than what they want to do.
Right now, I need a fan club. Period. If people (hundreds or thousands) form a "fan club", it will send a clear and undeniable "game over" message to my opponents. My life is at stake in this. It is a race, with the question being who will take me seriously first, my opponents, or a "fan club" who has formed for the purpose of monitoring the unfolding story, preserving the whole story, and speaking the story to bring it to the attention of others, including people who can be held to account for not acting on the information to stop the evil being done to me.
Make my situation the "cause celebre" for STEEM, and you will have something that could attract huge numbers of people to this platform. It's a win-win.
Lol, nobody listens to me.
Im probably not your best reference.
The method does work, ive used it.
The court of criminal appeals rejected my interlocutory on 'insufficient notice', which was bs, or id have a ruling from them.
If there is a next time i will get notice acknowledged in the record and follow up in writing to prevent that.
I noticed after filing that appeal and being rejected is when the 'just sign and walk out' offer was put on the table.
The cca didnt want my issue in their record.
There is no question that the state hasnt met their burden to prove every element of the charge, but lawyers are slippery bastards, if they can misdirect and obfuscate, they will, they dont care if their win is legit, or not.
Call them on the record not indicating any evidence supporting their claim that there is jurisdiction, its a free pass to them if you dont.
You aren't telling me anything I don't already know, and it is silly for you to think that you can advise me without spending at least a couple of hours reviewing the procedural context.
I repeat, I need a fan club. I need bodies who can punch keys on a keyboard. This is an urgent need, not because I am in immediate danger, but because this is the moment of opportunity.
There is only one qualification for this job: A willingness to do what I need. I need a fan club. Get me one. I will do everything I can do to be transparent and solidly real. But I can't fucking do EVERYTHING by myself while surrounded by sheep who won't do anything.