flayologist
Junior Member
What is the name of your state (only U.S. law)? North Carolina
I asked a presiding judge today if i was there for a civil or criminal matter, he informed me it was criminal (NC G.S 75A-6) which is a life vest violation.
I am having a few issues in which i believe my constitutional rights are being ignored and trampled. The court in NC is required under the 6th amendment to identify itself and disclose jurisdiction to me, and it guarantees me the right to require the court to do so.
Article 1, section 8, clause 17 of the US Constitution only lists two jurisdictions that a court may operate under, they are Common Law and Admiralty (military tribunal) Law.
So that i would know the correct published procedures to operate in court under, while acting as my own attorney, i asked the judge this today when i was in court to set a trial date on a simple boating statute violation. I was told by the judge that he was operating under state jurisdiction, which is not one of the listed jurisdictions allowed to him by the US Constitution. When he said he was operating under State jurisdiction i made a motion for dismissal based on the fact that the state being a party could not also operate as the judge and prosecutor, and that this case should be moved to federal court. Also, I am not aware of any published procedures which would allow me to properly defend myself in a criminal action in a state or statutory jurisdiction as there are none. He of course denied the motion. This effectively denies me my right to an intelligent defense of my person as without properly identifying the jurisdiction there is no way for me to know the procedures to be used.
Now, if the court is operating under Common Law Jurisdiction, i would motion to dismiss as there has been no crime committed. A person was not harmed, no property was harmed and no contract entered into by me was defrauded.
This leaves only Admiralty Law Jurisdiction, and if that was his answer i would again move for dismissal based on the fact that to claim this jurisdiction the prosecution would have to enter into evidence a valid international contract in dispute, as i have never entered into any such contract I would have to argue that it does not exist, compel the prosecutor to enter one into evidence and explain how I was party to it and compelled to perform under it.
The prosecutor also submitted a plea for me, which if i am correct violates my rights as i alone or my duly appointed council can submit a plea. Unless the court has made a judicial determination that i am indeed not guilty, they should not be allowed to enter a not guilty plea. If they did, the prosecution itself must be admitting that i am not guilty and the case should therefore be dismissed.
What are my options at this point as the judge and court itself is not upholding my constitutional rights, and appears to have no parties interest at heart save for the State.
Your answer to these questions if of the utmost importance to an American citizen who values the supreme law of the land. I must again go to court on February 5th and need to know how to proceed. Do i need a civil rights attorney? Does my argument have good legal standing? What are your thoughts?
Sincerely,
I asked a presiding judge today if i was there for a civil or criminal matter, he informed me it was criminal (NC G.S 75A-6) which is a life vest violation.
I am having a few issues in which i believe my constitutional rights are being ignored and trampled. The court in NC is required under the 6th amendment to identify itself and disclose jurisdiction to me, and it guarantees me the right to require the court to do so.
Article 1, section 8, clause 17 of the US Constitution only lists two jurisdictions that a court may operate under, they are Common Law and Admiralty (military tribunal) Law.
So that i would know the correct published procedures to operate in court under, while acting as my own attorney, i asked the judge this today when i was in court to set a trial date on a simple boating statute violation. I was told by the judge that he was operating under state jurisdiction, which is not one of the listed jurisdictions allowed to him by the US Constitution. When he said he was operating under State jurisdiction i made a motion for dismissal based on the fact that the state being a party could not also operate as the judge and prosecutor, and that this case should be moved to federal court. Also, I am not aware of any published procedures which would allow me to properly defend myself in a criminal action in a state or statutory jurisdiction as there are none. He of course denied the motion. This effectively denies me my right to an intelligent defense of my person as without properly identifying the jurisdiction there is no way for me to know the procedures to be used.
Now, if the court is operating under Common Law Jurisdiction, i would motion to dismiss as there has been no crime committed. A person was not harmed, no property was harmed and no contract entered into by me was defrauded.
This leaves only Admiralty Law Jurisdiction, and if that was his answer i would again move for dismissal based on the fact that to claim this jurisdiction the prosecution would have to enter into evidence a valid international contract in dispute, as i have never entered into any such contract I would have to argue that it does not exist, compel the prosecutor to enter one into evidence and explain how I was party to it and compelled to perform under it.
The prosecutor also submitted a plea for me, which if i am correct violates my rights as i alone or my duly appointed council can submit a plea. Unless the court has made a judicial determination that i am indeed not guilty, they should not be allowed to enter a not guilty plea. If they did, the prosecution itself must be admitting that i am not guilty and the case should therefore be dismissed.
What are my options at this point as the judge and court itself is not upholding my constitutional rights, and appears to have no parties interest at heart save for the State.
Your answer to these questions if of the utmost importance to an American citizen who values the supreme law of the land. I must again go to court on February 5th and need to know how to proceed. Do i need a civil rights attorney? Does my argument have good legal standing? What are your thoughts?
Sincerely,
