|Your ability to use the American Legal System as a survival skill in our day equals our forefathers' ability to use firearms as a survival skill in 1776.|
The Latest from ERSOL....
New Book by Michael H. Brown:
CRIMINAL DEFENDANT'S BIBLE
The American Criminal Justice System
How It Really Works
How To Beat It
The first thing you have to understand about the American Criminal Justice System is that it is a complete fraud. The methods for overcoming a fraud are entirely different from those used to play a game that isn’t rigged. You have to know what to expect in real life, not what the books tell you that you should expect.
You can win in a game in which the other side cheats continuously. You just have to know how the other side is cheating and then devise a strategy to overcome it. Let’s start with the players.
The judge is supposed to be an impartial referee. At the federal level, there is even a statute that says so:
28 U.S.C. § 453. Oaths of Justices and Judges
Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of this office: “I, ________, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ________ under the Constitution and laws of the United States. So help me God.”
In real life, the judge will (almost) always “put his thumb on the scales” in favor of the government. This is most readily seen in rulings on pretrial motions. No matter how much merit a motion may have, especially if a motion should result in a dismissal of the case, the judge will deny it.
Why? The judge is attempting to demoralize you into taking a “plea bargain.”
Your strategy is to file pretrial motions in order to build a record for appeal.
Prosecutors routinely stack bogus charges on indictments for two reasons.
The first reason is that if the prosecutor can make you think that you are facing conviction for a lot more charges than he had the right to bring against you, then it is that much easier for him to terrorize you into a “plea bargain.”
The second reason is that the prosecutor has a much better chance of persuading a jury that you are guilty (of at least something) if a jury has an impressive array of charges to convict you of. How are a dozen average citizens supposed to know what a bogus charge is and what isn’t? What the prosecutor did (stack bogus charges) needs to be pointed out in your pretrial motions.
The Defense Attorney
Counsel for the defense is often the biggest problem. You can survive the denial of your pretrial motions by the judge and the stacking of bogus charges by the prosecutor. Surviving the machinations of you own lawyer is another matter entirely.
In the last decade or so “defense” lawyers have come up with a way to get their clients to plead guilty and save themselves the bother of doing your pretrial work and defending you in a trial (which consists merely of “going through the motions”).
What defense attorneys do these days is simply ask for repeated continuances, often for months at a time. The judge always grants the continuances and the prosecutor never objects. They’re in on the game.
The defendant, after months (more often years) of sitting in a cockroach-infested jail cell, finally “breaks” and takes a “plea bargain” in order to get to a regular prison, where he will hopefully be able to get some fresh air and decent food.
Your objective should be to get to trial as soon as you have filed all your pretrial motions. The feds and all the states have what are called “statutory speedy trial” statutes. I.e., the judge can give you “excludable time” (the clock isn’t running) while he is considering your motions. Once he thinks he has you demoralized, you hit him with a demand for speedy trial. At the federal level, that is 70 days.
Your attorney will tell you “he’s not prepared.” He is never going to be prepared. Get it through your head you will get convicted. The results will be the same whether your attorney fights your case tooth and nail (don’t hold your breath on this one) or you turn your back to the judge and just sit there for the entire trial.
ARE YOU SICK OF LAWYERS?
Would you have
been better off giving your money to a thug with a mask and a gun than paying
the last lawyer you hired?
Do you know how to sue him for legal malpractice? Did the judge act like he just returned from the Inquisition?
Do you know how to sue him with a Complaint For Judicial Misconduct?
Learn how the
American legal system really works. You can aggressively pursue
& defend your rights in court without the deleterious expense of hiring the court's officer.
Frame constitutional arguments & WIN!
Rommel School of Law's Address:
"It's not what you don't know that hurts you; it's what you know that ain't so!"
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