How I beat my charges!

[bigfatpothead]

I was arrested in Gallatin County ky and before I went to court for arraignment I filed a Demand for a Bill of Particulars, and I served copies on the prosecutor and the judge. On arraignment day the judge said "You are charged with possession of marijuana, that's a violation of KRS number blah blah blah, Do you understand the charges as they have been read to you?"

I replied "Your Honor, I am here on a special appearance to get an answer from the prosecutor on my Demand, I would like a continuance so that he may have time to answer." The prosecutor stated that he would not answer the demand. I then handed the prosecutor and the judge via the bailiff, copies of my motion to quash based upon the failure of the prosecutor to answer the demand which is prima facie evidence that the indictment was flawed.

The Judge continued the case.

The next time I went to court the judge said again "You are charged with possession of marijuana, that's a violation of KRS number blah blah blah, Do you understand the charges as they have been read to you?"
I replied "Your Honor, I am here on a special appearance to get an answer from the prosecutor on my Demand" the judge looked at the prosecutor, the prosecutor said he was not going to answer the demand. then the judge said "Case dismissed"

If you want copies of the paperwork they are available for free as well as instructions.
on my website.

Rev. Roland A. Duby
http://www.brothersformercy.org

[Echos]

Nice one dude, I almost had to go to court for possession, but i was like a month from turning 18 so I convinced em to charge me as a minor, leading to some counselling sessions. Fuck court.

How were you indicted for possession of marijuana? You must have been caught with a lot.

[somekind]

It can't be THAT easy?

[a2stoner]

nice. +rep

[bigfatpothead]

The most time I spent in jail without entering a plea was 6 1/2 months.

sometimes judges enter a plea for you, and you have to file an affidavit denying the entry of the plea. All the paperwork for every stumbling block is up there for free.

I also have a contingent for when they go ahead and have a trial without me. Appeals will be uploaded soon.

there are only a small number of us fighting the court process this way. We would like to have people doing this in every county in every state. If that were to happen, the courts would have no choice but to stop persecuting pot smokers.

we are a large force, but we don't use our numbers right.

Most of us are scared to go to court. That is why we tailored our paperwork to the religious freedom aspect. My close friend Brother Greg and I have been winning cases since the early 90's this way. The courts have put up stumbling blocks along the way and we have gotten around all of them. Now we have taken our combined knowledge and put it all together so that it is as easy as possible for any old pothead to do.

The key is to claim religious use from the start. Never deny marijuana, think of it as denying jesus (Jesus was anointed with Marijuana) So tell the cops that this is your religious rite to use marijuana, they have to write that shit down and it becomes "Part of the record"
We show at the very beginning that we claim religious use, then at every step after that we claim it as our religious rite. When you go to court you must realize that they are going to do everything they can to get you to enter a plea. The reason is called "aquiescence" when you enter a plea you are giving the court "jurisdiction" over your body, even if the plea is not guilty. Think of it like this, you are agreeing with the court that there is a crime, but you did not do it. In reality there was no crime and you are not required to enter a plea until you "understand the nature and cause" of the charges. The only person who can explain the nature and cause is the person who is prosecuting you, every constitution gives us the right to "demand" the prosecutor tell us the "nature and cause". If he does not answer our demand in the specified amount of time (30 days) then he has "aquiesced" and you may then move the court to dismiss without having to enter a plea.

any questions?
this is my brain on drugs.

Rev. Roland A. Duby
http://www.brothersformercy.org

[effektz]

And how much detail do you go into about integrating religion with marijuana use. I mean anybody who gets caught can say I use it for my religion but you have to be able to prove it somehow don't you?

And if they caught you smoking weed or whatever, why would the prosecutor not tell you the "Nature and cause" of the crime committed?

Originally Posted by bigfatpothead

The most time I spent in jail without entering a plea was 6 1/2 months.

sometimes judges enter a plea for you, and you have to file an affidavit denying the entry of the plea. All the paperwork for every stumbling block is up there for free.

I also have a contingent for when they go ahead and have a trial without me. Appeals will be uploaded soon.

there are only a small number of us fighting the court process this way. We would like to have people doing this in every county in every state. If that were to happen, the courts would have no choice but to stop persecuting pot smokers.

we are a large force, but we don't use our numbers right.

Most of us are scared to go to court. That is why we tailored our paperwork to the religious freedom aspect. My close friend Brother Greg and I have been winning cases since the early 90's this way. The courts have put up stumbling blocks along the way and we have gotten around all of them. Now we have taken our combined knowledge and put it all together so that it is as easy as possible for any old pothead to do.

The key is to claim religious use from the start. Never deny marijuana, think of it as denying jesus (Jesus was anointed with Marijuana) So tell the cops that this is your religious rite to use marijuana, they have to write that shit down and it becomes "Part of the record"
We show at the very beginning that we claim religious use, then at every step after that we claim it as our religious rite. When you go to court you must realize that they are going to do everything they can to get you to enter a plea. The reason is called "aquiescence" when you enter a plea you are giving the court "jurisdiction" over your body, even if the plea is not guilty. Think of it like this, you are agreeing with the court that there is a crime, but you did not do it. In reality there was no crime and you are not required to enter a plea until you "understand the nature and cause" of the charges. The only person who can explain the nature and cause is the person who is prosecuting you, every constitution gives us the right to "demand" the prosecutor tell us the "nature and cause". If he does not answer our demand in the specified amount of time (30 days) then he has "aquiesced" and you may then move the court to dismiss without having to enter a plea.

any questions?
this is my brain on drugs.

Rev. Roland A. Duby
http://www.brothersformercy.org

I just asked you a question. How did you get indicted for possession?

[20fan]

Stoners need to remember that it is still we the people. I like what you are doing, keep up the good work. I know a lot of people on here watch "The Wire", I've seen only 1 episode, but it made a good point. If people on juries refused to vote guilty for non violent drug offenses, the justice system will be left with little choice. We the people Have the power to change the laws in the courtroom. Idk why groups such as norml don't push this more.

[BlazinX1]

A good defense, but a stupid prosecutor

[scoobydooby67]

you have to admit though,

that only flew because your judge had a heart.

i do not recommend this in every situation,

asking to continue a case often arouses contempt from the judge.

[BlazinX1]

Originally Posted by scoobydooby67

you have to admit though,

that only flew because your judge had a heart.

i do not recommend this in every situation,

asking to continue a case often arouses contempt from the judge.

Not if you have a legal reason for the continuance (I.E. changing a lawyer)

[bigfatpothead]

I will try to hit all the questions,

number 1: And how much detail do you go into about integrating religion with marijuana use. I mean anybody who gets caught can say I use it for my religion but you have to be able to prove it somehow don't you?

And if they caught you smoking weed or whatever, why would the prosecutor not tell you the "Nature and cause" of the crime committed.

ANSWER: It is ILLEGAL to persecute someone for their religious beliefs in America, We are getting tricked into court, and then we get caught up in proving our religion. Our program informs them up front and stops the court process. It's called "Estoppel by aquiescence".
We have proven Jesus was anointed with cannabis and the Universal Orthodox Christian Church has ordered potheads to smoke it as a sacrament, and to defend it in court. When you go into court and they ask why you would do this, you can say you were ordered by the church.
The Bill of Particulars is written in a way that exposes the fraud being perpetrated on "we, the people". If he answers the demand he will expose the fact that citizens are being tricked into pleaing in an admiralty jurisdiction of the martial law powers of the court. Besides the Demand is supported in every constitution in the country, but when you hire a lawyer they will waive "formal arraignment" and you lose your rights to learn the nature and cause, as well as your right to "face your accusor"


number 2: you have to admit though,

that only flew because your judge had a heart.

i do not recommend this in every situation,

asking to continue a case often arouses contempt from the judge.

ANSWER: before you enter a plea the judge is really powerless, he has only the appearance of power. If he enters a plea for you, that plea is easily revoked. I have had judges get really pissed at me but eventually they realize they fucked up the record and suddenly I get lots of GREAT plea bargain offers and sometimes charges dropped and I get tossed out of the jail on to the sidewalk without so much as a "see ya later" from the bastards. I have been beaten and tortured to get me to enter a plea, I had my sinuses cracked in Albany Georgia. My neck got twisted in Jacksonville, I have taken some licks, but I always get out with no conviction. So this ain't for everyone, you gotta have the knowledge and the balls.

REad and understand the instructions.

Rev. Roland A. Duby
http://www.brothersformercy.org

Originally Posted by UrbanAchiever

I just asked you a question. How did you get indicted for possession?

Originally Posted by bigfatpothead

I will try to hit all the questions,

number 1: And how much detail do you go into about integrating religion with marijuana use. I mean anybody who gets caught can say I use it for my religion but you have to be able to prove it somehow don't you?

And if they caught you smoking weed or whatever, why would the prosecutor not tell you the "Nature and cause" of the crime committed.

ANSWER: It is ILLEGAL to persecute someone for their religious beliefs in America, We are getting tricked into court, and then we get caught up in proving our religion. Our program informs them up front and stops the court process. It's called "Estoppel by aquiescence".
We have proven Jesus was anointed with cannabis and the Universal Orthodox Christian Church has ordered potheads to smoke it as a sacrament, and to defend it in court. When you go into court and they ask why you would do this, you can say you were ordered by the church.
The Bill of Particulars is written in a way that exposes the fraud being perpetrated on "we, the people". If he answers the demand he will expose the fact that citizens are being tricked into pleaing in an admiralty jurisdiction of the martial law powers of the court. Besides the Demand is supported in every constitution in the country, but when you hire a lawyer they will waive "formal arraignment" and you lose your rights to learn the nature and cause, as well as your right to "face your accusor"


number 2: you have to admit though,

that only flew because your judge had a heart.

i do not recommend this in every situation,

asking to continue a case often arouses contempt from the judge.

ANSWER: before you enter a plea the judge is really powerless, he has only the appearance of power. If he enters a plea for you, that plea is easily revoked. I have had judges get really pissed at me but eventually they realize they fucked up the record and suddenly I get lots of GREAT plea bargain offers and sometimes charges dropped and I get tossed out of the jail on to the sidewalk without so much as a "see ya later" from the bastards. I have been beaten and tortured to get me to enter a plea, I had my sinuses cracked in Albany Georgia. My neck got twisted in Jacksonville, I have taken some licks, but I always get out with no conviction. So this ain't for everyone, you gotta have the knowledge and the balls.

REad and understand the instructions.

Rev. Roland A. Duby
http://www.brothersformercy.org

This is just ridiculous. This is the third time I have asked my question, and you still have not answered it. How did you get indicted for possession?

Also, you absolutely can be persecuted for your religious beliefs in America as per the Supreme Courts decision in Oregon v. Smith. It is important to note that the Court effectively ruled that the Free Exercise Clause of the Constitution is null and void and does not apply to laws which are aimed at general behavior rather than at specific religions. Thus, the government can make general laws which can have the effect of persecuting someone because of their religious beliefs. For example, many Native American religions require the ingestion of peyote. The law against peyote was created, in part to stop this practice. Laws have been created to prevent the slaughter of chickens for religious purpose, which occurs in the Santeria religion.

As a law student, I realize that you have absolutely no idea of what you're talking about, and it is a shame that you're spreading false information. In fact, you sound like you have a screw loose.

[bonbonbondia]

Originally Posted by UrbanAchiever

As a law student, I realize that you have absolutely no idea of what you're talking about, and it is a shame that you're spreading false information. In fact, you sound like you have a screw loose.

The tactics he is talking about are not something you are going to learn in law school. This is a common tactic by contitutionalists that are fighting for our freedoms by using the system against itself.

I have had it explained to me a few times by people much more knowledgeable that have taken the same approach in traffic court, tax court, etc. But I don't understand it enough to use/explain it myself. I prefer to remain under their radar.... But it is legitimate, you should search around abit on google.