Case Dismissed: What I learned - Printable Version
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Case Dismissed: What I learned - Accident - 04-09-2015 06:20 AM
See: 82 in a 75mph zone thread on MS.net For details on what happened.
I learned that in order to win:
1. I had to accept that the prosecutor was truly my enemy. He is an immoral, uneducated scumbag that is attacking me and trying to steal money from me. He is arrogant and condescending. He deserves no respect from me and will receive none. I'm not concerned with humiliating him or mocking him in public or in front of the judge, which was one of my goals. He believes that the judge will have his back and that he doesn't have to have any facts or evidence of anything other than the ticket and the testimony of the government agent that issued it. Most importantly, he is a LIER! Everything that comes out of his mouth is a lie or at best disingenuous. He is lazy. Consider the tick. You don't worry about hurting his feelings, you just pluck off the dirty bastard that is sucking your life's blood. He is a parasite, just like David Akin and his system.
2. Never, ever, stop bringing up the elements of the case and jurisdiction. Per Marc Stevens: "Objection, we are not ready to proceed, the prosecutor, David Akin, (refer to them by name) is definitely not ready, he has no facts proving the code is applicable, he cannot prove jurisdiction." **Using the persecutors name is a very important psychological tactic. It demonstrates that you are not afraid and that he is not an authority figure over you. Use his name as often as possible.** In my case, I said this or some form of this at least 10 times in 20 minutes. Seems like I said it 100 times. It was my go to remark. I always look for a magic bullet and this is it.
3. The magic word is, yep, you guessed it, OBJECTION. Accepting that all of #1 is true, makes it easy to object. In my case, David Akin demonstrated that all of those statements are true. Example: He answered the jurisdiction objection with "This is a Pre-trial Discovery hearing". Me "Objection. Jurisdiction can be challenged at any time and he knows that". He then told the judge to make me be be quiet. "Objection. He's telling you how to run the court now?" Judge stood silent.
4. Don't be afraid to rattle the prosecutor every chance you get. Remember the FACTS in #1? I heckled him when the judge took a recess to look up some law about what the prosecutor has to provide the defendant at Pre-Trial. He didn't provide me with anything. I moved to dismiss, judge moved on. I missed an objection. It's almost laughable how many opportunities they give you to use the magic word.
5. Tell yourself a number of things before you go in.
a. I have nothing better to do all day long. Helps you relax. Don't feel rushed. Use your notes and read from them. The more relaxed and confident you are, the more stressed they will become.
b. This is going to be a fantastic and fun learning experience.
c. It's they that are attacking me. I am a peaceful, loving person. I will defend myself.
d. No matter what they say, guilty/Not guilty, its a win for me. I will be stronger for having fought and others will see that I did not lay down for their lies.
6. Ask a ton of questions. Use the MS Criminal script. THEY want to talk about MY arguments and evidence. (another misdirection based on a lie). David Akin asked me what arguments I had. "I don't have any arguments or evidence. The burden of proof is on David Akin and he hasn't presented anything to the court" (remember to use the turds name)
I was standing up for freedom and the future of my son. I will never stop fighting these crooks.
Many thanx to MS, to this forum and to all who have contributed to my awakening.
RE: Case Dismissed: What I learned - 11:11 - 04-09-2015 01:16 PM
Well Done. Thanks. I hope that someone adds the elements of what you've learned from your Adventure In Legal Land into the wiki.
Also I want to ask Accident if he thinks being there in person made a difference? -- obviously so, but I know that in the beginning you mentioned how the distance you'd have to travel to court would be such a burden. You wanted to try mailing or telephoning everything in.
RE: Case Dismissed: What I learned - Bruce Sloane - 04-09-2015 06:07 PM
David Akin asked me what arguments I had. "I don't have any arguments or evidence. The burden of proof is on David Akin and he hasn't presented anything to the court"
this needs to be re-quoted
great job, Mr. Accident
RE: Case Dismissed: What I learned - Freerangecanuck - 04-09-2015 07:02 PM
Nice job and nice post.
RE: Case Dismissed: What I learned - Accident - 04-10-2015 01:46 AM
(04-09-2015 01:16 PM)11:11 Wrote: Well Done. Thanks. I hope that someone adds the elements of what you've learned from your Adventure In Legal Land into the wiki.
Yes, being there in person gave me a huge advantage. They can't hang up on me for starters. It's the only way you can talk to the judge. I can look the persecutor in the eye, talk over him, and basically dominate and intimidate him in person more effectively than on the phone. Being able to interrupt him with "objection" every 2 minutes is gold. Totally puts him off.
As for fighting the ticket remotely. My goal was originally to avoid the 2 hour drive. When I had exhausted every tactic I could find, I lamented and decided to go to the pre-trial discovery hearing. I just couldn't bring myself to give up and pay the crooks. Besides the fact that I was really looking forward to confronting that lying prosecutor.
Next time I get a ticket that's really far away from home, I'm not sure yet if I would do anything differently, except the initial phone calls would be way better because of my experience/confidence. I will make sure the prosecutor knows exactly WHO he is going up against and what my level of competence is. I will ask him to please read my motions. These guys are really dumb I think and need to be told exactly how bad of an experience they are going to have if they drag me into court. Had there been any witnesses to my hearing, David Akin would have had to be on suicide watch. I doubt he will forget my name any time soon. It worked in my favor to have mailed and faxed all my motions to the judge/persecutor. Judge had a stack of my stuff and the prosecutor didn't have anything. Made him look even more incompetent. Recording all the calls and TRYING to record the hearing is a must, IMO. Gave me confidence and actually helped during the hearing. I told the judge what David Akin said to me when I requested nature and cause of the charges and David sat mute, because I had told him I was recording the call at the time. What's he going to say? I could have played the recording for the judge from my phone.
An interesting observation: David Akin never objected once. Totally unexpected. Either he is that stupid or it's because there is nothing he can object to.
(04-09-2015 06:07 PM)Bruce Sloane Wrote: David Akin asked me what arguments I had. "I don't have any arguments or evidence. The burden of proof is on David Akin and he hasn't presented anything to the court"
RE: Case Dismissed: What I learned - Accident - 04-10-2015 05:12 AM
I just remembered that David Akin did in fact object. "I object to his entire Motion to Dismiss. The whole thing is about being in The State of Texas". I immediately objected. "Can you define 'The State of Texas' for me?" The look on the judges face was priceless. Shock and amusement as he looked back at D.A.. That's when DA asked him to make me be quiet. What a tool. haha.
"Objection, now he's telling you how to run your court?" lol.. I could have gone on all day.
"I love the smell of Humiliation in the morning......Smells like......smells like.......Victory!!"
!A is for Anarchy.
RE: Case Dismissed: What I learned - notavoter - 04-10-2015 03:13 PM
Damn! I love this post
RE: Case Dismissed: What I learned - NonEntity - 04-10-2015 04:04 PM
That's why we tied you up here!
RE: Case Dismissed: What I learned - 11:11 - 04-10-2015 08:02 PM
RE: Case Dismissed: What I learned - Accident - 04-12-2015 04:40 AM
(04-10-2015 08:02 PM)11:11 Wrote:
Thanx 'all ones'. 11:11
I was on the show yesterday, April 11, 2015. Marc called me and did a phone interview in the am and then played it on the show. I'm famous!! Autographed copies of my dismissal will be available through the gift shop for $4.95 plus shipping and handling. (The paper had to ship from somewhere and I'm handling it.)
Please, Please, for the love of God, just define "The State of Texas" for me.
RE: Case Dismissed: What I learned - eye2i2hear - 04-12-2015 06:36 AM
Please, Please, for the love of The State of Texas, just define "God" for me...
--an evangelist for The One True Invisible Pink Unicorn (see [sic] also, "God")
RE: Case Dismissed: What I learned - notavoter - 04-12-2015 12:36 PM
(04-12-2015 04:40 AM)Accident Wrote: I was on the show yesterday, April 11, 2015. Marc called me and did a phone interview in the am and then played it on the show. I'm famous!! Autographed copies of my dismissal will be available through the gift shop for $4.95 plus shipping and handling. (The paper had to ship from somewhere and I'm handling it.)
Please pencil me in for one of those autographed copies
RE: Case Dismissed: What I learned - Accident - 04-24-2015 02:02 PM
The actual ticket/summons
Pay us or go to jail assault letter
Please show up or men with guns will come for you.
RE: Case Dismissed: What I learned - Accident - 04-25-2015 04:00 AM
Interesting how they put my full name in capital letters on all the documents until the Dismissal, then it's Jeff D. Accident.
I may call them and request they put it it all caps like all the others. Pointless? Prolly.
RE: Case Dismissed: What I learned - Boxer - 04-25-2015 10:26 AM
(04-24-2015 02:02 PM)Accident Wrote: Case Dismissed!!
I would like more clarification how the a "state" was coming! Sounds like a psychopathic orgy.