7260. V 1.05 Lawyerdude: 541 476 8954 Lawyerdude1989@yahoo.com Click here to go to my links at bottom of page. Jan 7, 2006.
This page is http://www.lawyerdude.netfirms.com/7260.html
Big Fat Total Explanation of How to Win Your Case!
Step-by-Step Instructions How to Win without a trial!
Empower Yourself!
Embrace your Case!
Lots of Links to Winning Motions.
Copyright. 2005. Attorney Douglas Palaschak. Lawyerdude is a trademark/ service mark of Attorney Douglas Palaschak.
You may reprint / repost this page if you leave the links intact.
1. If I can boil it all down to one word: Demurrer: http://lawyerdude.8k.com/5736.html I have never lost with a demurrer! Well, I may have lost the demurrer in the Extradition case but I won at trial: http://www.lawyerdude.netfirms.com/5918.html .
2. You must try very hard to win your case before even making a plea. The trial is merely a legal formality before the hanging.
3. The first thing that anybody needs in a criminal case is the police reports. The second thing is a list of the charges. Print out each of the statutes that you are charged with offending. Often the remedy will pop into your head in the form of “Hey, I didn’t do that!”
4. Let’s use a basketball analogy: Generally the goal is to try to keep dribbling until you get a good shot; similarly you schedule a motion each month until you find a dead-bang-winner motion. Or you could use a poker analogy: In a poker tournament you must learn to fold over 90% of your hands - until you have a winner; similarly you will fold/ vacate on most of your motions when you get a getter motion. You can read how this worked on in Charlie’s case: http://www.fu.gq.nu/charlie.html
5. Challenge the “pocket warrant/ pocket summons: http://www.fu.gq.nu/6947.html How convenience it would be if you could hand out a summons immediately whenever a person would injure or offend you. Well, this is just what cops to. They give you a summons before there is even any case pending. That’s an unfair advantage. At the scene of the car crash you should be able to hand the bad driver a summons to appear in court. Instead you must go find a lawyer and have him do it and take 1/3 of your money. But the cop gives you a summons right at the scene of every ticket. Well, hey, News Flash! What the cop gives you can’t be a summons because there has not been any case filed yet! I wrote a motion in that regard. Although legislature has given then the apparent authority and the petty traffic commissioners haven't a clue, we nonetheless have supervening constitutional rights. Also, what is sauce for the goose is good for the gander also. That is why I turned the tables by writing an "Instant Summons" for you to give to the cop. Then he may astutely observe "Hey, you can't give me that summons until you have filed in the federal court!" To which you would reply "And you cannot begin a case in state court! Only a prosecutor can prosecute a crime, misdemeanor or infraction!" Here is that summons if you want to put some copies in your glove box: http://www.lawyerdude.netfirms.com/6091.html Incidentally the Supreme Court has ruled regarding "pocket warrants" in the context of taxes a year ago in the Bob Schulz case. In Minnesota traffic court I argued that issue. Here is that motion: http://www.fu.gq.nu/6947.html I found a big fat article about "pocket warrants: http://www.lawyerdude.netfirms.com/6918.html
6. Often there will be no complaint. Often the complaint will be unsigned - or “signed” with a rubber stamp. That is objectionable. Often there will be a complaint signed by a mysterious mystery person, maybe a police liaison. Often it will be signed by a prosecutor. That is statutorily permissible but not under common law. Object. It should be “an information” in such case. Theo did a good motion regarding the specifications for a complaint. They are in the penal code. Remind me. I will find it. You may want to demand a grand jury. Overturn Hurtado. It is ripe to be overturned. http://www.lawyerdude.8k.com/Hurtado.html
7. The key is writing good motions. I show you how with copious illustrations in “Motions 101": http://www.lawyerdude.netfirms.com/6025.html
8. Usually you will file a medley of motions over a 6 to 12 month period. The motions may be in an order like this:
a. Bail reduction motion. Actually this is one thing that public defenders can actually do!
b. Demand for effective assistance of counsel ala Harrison Cronic http://www.circuitlawyer.8m.com/5698.html or Strickland http://www.circuitlawyer.8m.com/5699.html .
c. Demand to speak for yourself: Faretta, Marsden motions.
d. Discovery motion; don’t plea until you have discovery. http://www.lawyerdude.8k.com/6315.html
e. Challenge to court jurisdiction also known as Skateboard or Humvee Motion in the form of a demurrer http://www.fu.gq.nu/6756.html They are all listed at the foregoing link and here is that list:
i. Cadillac Motion from Steve Laubly: http://www.laubly.com/cadillac.htm
ii. Skateboard Motion from Charlie Sprinkle. This motion has never lost ! http://www.lawyerdude.s5.com/6393.html
iii. Skateboard Motion improved by Theo. He won ! http://www.fu.gq.nu/theodem.html
iv. Humvee Motion by Cyril. Beautiful motion that has won so far: : http://www.fu.gq.nu/6974.pdf Must click through the Humvee motion to get to it.
v. Humvee motion converted for use in all states: http://www.fu.gq.nu/humvee.html
f. Overbreadth Motion in the form of a demurrer. Discussed below. http://www.lawyerdude.8m.com/5409.html http://www.lawyerdude.8m.com/5428.html I have some overbreadth motions. Let me know if you cannot find them. My sleeping in a car motions is an overbreadth motion.
g. Demands for a free e-transcript of the arraignment and every hearing since then. See my pages regarding Griffith v Illinois and MLB v SLJ. They are both Supreme Court cases regarding transcript. Google for em. Also: http://www.lawyerdude.netfirms.com/shelton.html
h. Motion to Suppress Evidence - which you will appeal before trial if you lose. Discussed below. Your dead bang winner motion will usually be a motion to suppress evidence !
i. A right2drive motion: http://www.lawyerdude.8k.com/right2drive.html
9. Please observe that the case is best won BEFORE you even plead not guilty! If your public defender has already pleaded then move to withdraw the plea because he did not have authority from you to plea! Motion to withdraw is common law but also statutory in California at PC 1018 as I recall. Also you may file an application for Writ of Error Coram Nobis: http://www.lawyerdude.8m.com/392.html
10. I may perfect this page some day. Until then, you may have questions. Do not hesitate to call me day or night. 541 476 8954. I work late. Or email me: Dlawyerdude1989@yahoo.com My phone number and email may have changed by the time that you read this. You can find the new number on newer pages. See the 4 digit number in the upper left hand corner? That is the serial number. Later serial numbers have updated phone numbers. This page was written on Jan 2, 2006.
11. On this page I may mention a page without linking to it. However, the link will usually appear in my list of links at the bottom of the page. Some day I may perfect this page by adding more links at the right place. Until then, please take a look at all the link at the bottom of this page. I wrote em for you!
12. If you have a public defender or a real lawyer or if you are in jail, then tell em what the Lawyerdude Standard is:
http://www.circuitlawyer.8m.com/5635.html
13. Here are some “dead bang winner” motions that won drunk driving cases in Seattle and California:
a. Dead bang winner motion: Forrest Bishop motion: http://www.fu.gq.nu/6751supp.html
b. Dead bang winner motion: Buzz Vieau motion: http://www.lawyerdude.s5.com/5790.html
c. These motions won for Charlie although he never did have a hearing on the motion. Take a lesson: You can win better without having a hearing! Give the overcrowded court enough time a rope to screw up its own case. Just play along until you win by attrition. That is the main plan! : http://www.lawyerdude.netfirms.com/5686.html and http://www.landrights.com/The%20Charles%20Sprinkler%20File.htm http://laubly.com/charlie.htm
14. Here is a list of the twenty or so most frequently used motions in a criminal case: http://www.lawyerdude.8k.com/motions.html
15. Find book of criminal motions in the law library. How do you think that I learned to do this stuff? I learned from a book of motions. Also, read my fat web page with illustrations of the elements of a criminal motion: http://www.lawyerdude.netfirms.com/6025.html
16. To see how to overcome all the obstacles that they place in your way, you must read the transcripts in Charlie’s case. Charlie Sprinkle finessed his way to victory by being police and by always having one or two motions on calendar. Here is a link to all the transcripts and motions in Charlie’s case: http://ronfox.250free.com/charlie.html
17. Here is another case history with motions affixed to it: http://www.lawyerdude.8k.com/6508.html
18. By taking action in writing, you preclude the court from accusing you of failure to appear.
19. By taking action in writing, you give the prosecutor the chance to prove that he is unwilling to prosecute this case if he will actually need to write something.
20. Do not regress to the "let's just use the silver bullet" ideology; that does not work.
21. Quickly take action to control the pace. Try to book a motion every 5 weeks. Don’t get ahead of yourself by booking 3 at once. Learn the work cycle and work it! Work cycle explained: http://www.fu.gq.nu/6641.html http://www.lawyerdude.s5.com/6673.html The elements of work for a criminal case are:
a. Obtain discovery and file discovery motions. See penal code section 1054 in California regarding discovery. I have some discovery motions posted.
b. Give your business card or a facsimile to the court reporter at every session. Order a transcript at that time.
c. Insist on an e-transcript. Not a tape recording! Not a paper transcript alone! You deserve a free e-transcript. Insist on a continuance until to get a transcript. Remember that in big cases they read the transcripts in the evening of the hearing! Charlie began his victory phase when we looked at the transcripts and saw all the mistake that the judges made.
d. Learn to do a motion to vacate; don’t panic by in the case of a bad ruling. Do a motion to vacate and use the transcript. I have some examples of motions to vacate.
e. Set your motions for Tuesday or Thursday afternoons. Nobody wants to wake up Monday morning and go to court.
f. Always serve your motions on the prosecutor and file them at the filing window and get a file-stamped copy; do this a couple days before your court appearance. The clerks will often lose your papers; here is how that happens. The judge keeps your file until the case is “disposed of”. Therefore the clerks cannot file your papers - because they don’t have the file. You would think that they would all know that. They don’t know. The left hand does not know what the right hand is doing in a bureaucracy!
g. Vacate your previous motions when you schedule a new motion. You can always refile it. The prosecution cannot complain; usually they are not prejudiced because they have not even answered it.
22. Always remember this: What would O.J.’s lawyers do in this situation? What would Johnny Cochran have done? Often the judge will say “We’ll just set your motions all for the day of the trial”. You should object saying: “Well now that is troubling. Did you watch the O.J. Simpson trial, judge. I did. It was an education. I don’t ever remember Judge Ito saying to Johnny Cochran ‘Hey Johnny, we are gonna put all your motions together in one on the morning of trial’. It does not work that way. Am I not entitled to the same due process as O.J. Simpson? I cannot be prepared for two motions at one time, let alone a trial. What say we give me adequate time to prepare and argue my motion? I have observed that all the lawyers in the rest of the universe get around 4 weeks to prepare their motions. Is there some exigency in this case? Of course not. Please, your honor, let’s set this for around 4 weeks from today.”
23. Be sure to read my web page telling you how to talk to the judge.
24. Be sure to read my “medleys”. Look it up on Google.
25. Be sure to read my pages about your right to a transcript!
26. You can find particular stuff that I have posted by search for it with my name. Example, if you want to find my discovery motions you may want to search on Google for “Lawyerdude discovery” without the quotation marks.
27. A “dead bang winner” motion will be clean and tight - usually dealing with the specifics of your case and a favorable case or statutes.
28. As for how to write a motion, Read my page called “Motions 101": http://www.lawyerdude.netfirms.com/6025.html
29. You should try to use motions that can be appealed before trial - such as a Motion to Suppress Evidence, Penal Code section 1538.5 in California. A motion to suppress evidence often fits traffic cases; these are appealable before trial and it says so right in the statute!
30. You should try to use motions that can be filed before the plea such as a demurrer, Penal Code section 1004 in California, as I recall.
31. A challenge to jurisdiction is good. http://www.fu.gq.nu/6756.html This is the skateboard/ humvee set of motions. A challenge to jurisdiction must be resolved BEFORE the court can move forward; Authority: Rhode Island v Massachusetts: http://www.lawyerdude.netfirms.com/rhode.html
32. A right2drive motion is in order. http://www.lawyerdude.8k.com/right2drive.html
33. An overbreadth motion can usually be put in the format of a demurrer. The statutes that police like to use are often overbroad. http://www.lawyerdude.8m.com/5428.html http://www.lawyerdude.8m.com/5409.html I have won using overbreadth motions. See my demurrer in the case of sleeping in my car.
34. Don’t forget to sue those sons-a-bitches who gave you your ticket! Here is a list of actual Section 1983 federal complaints:
http://www.lawyerdude.netfirms.com/6008.html
Carry 6 copies of this pocket summons on your glove box and give it to the cop when he gives you the ticket:
http://www.lawyerdude.netfirms.com/6091.html
Forrest Bishop (Forrest won using a dead bang winner motion that I wrote for him) forrestb@ix.netcom.com wrote:
Hi lawyerdude,
My brother got 4 offenses in California for non license, 40 in a 25, no insurance, and expired tabs. I'll send details if you wish. I'm thinking of using (with obvious modification) the new CA Humvee motion for this one. Is that a good idea? - Forrest
Telephone Lawyerdude: 541 476 8954. Email: Dlawyerdude@Gmail.com Lawyerdude1989@yahoo.com
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My phone number and email address may change from time to time. If the telephone number or email address on this page is outdated then please join my group http://www.groups.yahoo.com/group/the_lawyerdude or migrate to more recent pages. There is a 4 digit number up in the top left corner of the page. Not the counter number. There is often a date at the bottom of the page. Migrate to newer pages to see my newer telephone number and email address.
My most useful web pages and my most popular web pages are these following pages:
Links for your Empowerment! Self help Litigation forms, instructions, cases, and samples.
1. Over 100 actual winning motions from 22 winning pro se litigators ! http://www.circuitlawyer.8m.com/traffic.html
2. Motions 101. How to write and file and serve a motion: http://www.fu.gq.nu/6025.html
3. Briefs 101. How to write a Memorandum of Law: http://www.lawyerdude.s5.com/6435memo.html
4. Lawyerdude’s Empowerment page: http://www.lawyerdude.8k.com/medley.html
5. Your litigation rights page. Learn your litigation rights! http://www.circuitlawyer.8m.com/5687.html
6. Charlie’s Transcripts. Learn how to charm the judge and win your case: http://ronfox.250free.com/charlie.html
7. Learn the law ! Links to the 143 cases that define criminal procedure: http://www.circuitlawyer.8m.com/weinreb.html
8. Eighteen actual Section 1983 federal complaints: http://www.lawyerdude.netfirms.com/6008.html
9. List of the 30 most important criminal court motions. They are listed in Lawyerdude’s Bill of Rights for Criminal Defendants in jail. This is my New Standard by which to measure effectiveness of counsel. Make your appointed lawyer toe the line: http://www.circuitlawyer.8m.com/5635.html
10. Courtroom assertiveness 101: How to be assertive in court. Scripts for the Pro Se litigant:
http://www.circuitlawyer.8m.com/5537.html
11. Were you strip searched? Sue em! http://www.circuitlawyer.8m.com/5728.html Do they do a strip search anus check every time you go to the law library? Did your jail not have a law library?
12. List of the most quotable cases and the most useful web pages for the pro se Litigator: http://www.lawyerdude.8k.com/medley.html
13. Your case summary and trial notebook form: http://www.lawyerdude.8k.com/summary.html
14. My Demurrer page: perfect record so far: http://lawyerdude.8k.com/5736.html
All about Lawyerdude
15. My winning argument regarding the 1st amendment where I argued the Law to the jury without interruption: http://www.lawyerdude.netfirms.com/5918.html
16. My ongoing battle with the mistaken, oppressive, and political state bar: http://www.lawyerdude.8k.com
17. Lawyerdudes’s biographical page: http://www.lawyerdude.8m.com/mystory.html
18. My LSD story and brief: http://www.lawyerdude.8m.com/5431.html
19. How to work well with Lawyerdude: http://www.lawyerdude.8k.com/contract.html
20. My most important page. My top 10 lists: http://www.lawyerdude.8m.com/5459.html
21. My ideas. My 10 proposed amendments to the bill of rights: http://www.lawyerdude.8m.com/5123.html
22. My home page: http://www.lawyerdude.8m.com Or my mirror site: http://www.lawyerdude.netfirms.com
23. List of my 200 most popular web pages according to Google. http://www.lawyerdude.8k.com/5733.html
My biggest fattest briefs:
24. My “state bar acts are unconstitutional!” brief: http://www.lawyerdude.8k.com/3789.html
25. My 100 page LSD brief: http://www.circuitlawyer.8m.com/1170.html Use this for your drug case!
26. My collection of “right to drive” briefs: http://www.lawyerdude.8k.com/right2drive.html
27. Lawyerdude's briefs: http://www.circuitlawyer.8m.com
More Lawyerdude links and Recommended Reading list
28. Lawyerdude’s traffic page: http://www.lawyerdude.8m.com/5259.html
29. Lawyerdude's library. A prioritized reading list. A list of books that farm folk and an enlightened populace should read. Some of these books justify weekly or monthly review - like your Bible - for your own defense. http://www.lawyerdude.netfirms.com/library.html
30. List of links to the Latest uploads from Lawyerdude: http://www.circuitlawyer.8m.com/5673.html
31. Lawyerdude's Contemporary Constitutional Issues: http://www.circuitlawyer.8m.com/5693.html
32. Lawyerdude's links page: http://www.lawyerdude.8m.com/links.html
33. Lawyer’s Manifesto: http://www.lawyerdude.8k.com/5753.html
People who link to me:
34. I thank Bill Munro http://www.landrights.com I thank http://www.commonlawvenue.com/ .