8786 Version 1.500 888 476 8954 Lawyerdude1989@yahoo.com Upgraded 12/18/07. 1/11/08

This subdocument is: http://www.lawyerdude.netfirms.com/8786.html This is a subdocument from my book.

Related pages: See the list of 20 lessons and the other links at the end of this page.

Lesson #2: Overview: The Game Plan:

List of Special Tactics for Malum Prohibitum Crimes:

1 Remember: Demand for E-Transcripts. Application for Fee waiver. Demand for stand-by lawyer. List of demands. Motions. Application to higher court for Writ. Use all these powerful tools!

2 You are responsible for your own orgasm - and your own deadlines. I can write the motion to vacate the deadline.

3 Stop speaking in court. The pen is mightier than the mouth. Just shut the fuck up! There are few exceptions. I have printed some standard speeches below in this book. Let my papers speak for you.

4 Upgrade your writing. Write in short sentences of 8 words or fewer. Use spell check. Don’t use ALL CAPS.

5 Your main job is to give me your story in writing by means of a police report, case file, chronology, list of dossiers, list of places, chronological list of documents, and an e-transcript of every hearing. You must debrief in writing after every court appearance or other event. We must stop the court proceedings until you receive your transcript of the previous proceeding. You must not pay for transcripts unless you are rich.

6 My job is to write the critical documents. Here is what else I so:

a I predict the future. People ask me “what will happen in this case?”

b I help you to control the future and make it turn out in your favor; even when it seems that legal forces are acting on you, it is you who best controls what will happen to you. You control the future better by communicating in writing with the judge by means of written motions.

c I analyze your rights and publish my arguments in written documents which I publish to the internet. You print them and deliver them to the clerk of the court at the criminal filing window. These documents are called “motions.” I know the common law antecedents, cases that define your common law rights. These common law antecedents are not in the statutes; often they are not even in the constitution. They come from 1000 years of legal cases following the Norman Conquest of England in 1066. l weave the case law into your facts situation (which you will have told me in your chronology). My talent is being able to remember what the courts have previously ruled. My talent is being able to articulate this for you in writing so that the judge will agree with you. The police are not lawyers. If I can explain to the police and prosecutor then they will see your point of view. Example: The judge only knows that you failed to appear; I articulate to him in writing that you were not obligated to appear because the court lost jurisdiction when the prosecution admitted that their complaint was erroneous. I articulate that the complaint was stricken by operation of law. I explain why as follows: California Civil Code section 3529 expresses the pertinent maxim: “That which ought to have been done is to be regarded as done, in favor of him to whom, and against him from whom, performance is due.” This is how I persuade other people to respect your rights. Since I have explained to the judge that he has no jurisdiction, he is less likely to issue a warrant. This theory is from an actual case. Here is a link to my motion #8551 in that case:

http://www.lawyerdude.netfirms.com/8851.pdf and http://www.lawyerdude.netfirms.com/8851.html

d I communicate efficiently on your behalf; that is why I need everybody’s email address, office address, home address, telephone number, cell phone number, fax number, and web address.

e I find a legal remedy for your legal problem; there are no new legal remedies under the sun; they are all listed in a book entitled “remedies”. All law students read this book. It is tested on the bar exam.

f I effectuate the legal remedy.

g I bring order to your life by applying organizational skills and methods such as the chronology and lists.

h I am here by the phone where you can call me from court on my toll free number printed on your court documents.

7 For more details see further below in this book subdocument #6274 entitled How to work well with Lawyerdude. For now here is a brief description of your duties in your own case. Here is your job:

a Promptly file and/or serve the papers that I write for you. Don’t change them - except for the date of the hearing. Print the pdf formatted version, not the html version.

b Read my book - or at least read “Motions 101" on the web. Google for it.

c File a fee waiver form if you cannot afford the transcript plus the ordinary costs of living - and indeed you can’t afford it. Most traffic litigants qualify for a fee waiver - especially if you are there for failure to buy car insurance.

d Obtain a prompt e-transcript of every hearing. Don’t pay for them unless you are rich.

e Keep me posted. Debrief after every event.

f Find out if your judge is a real lawyer or just a poseur. In New York, Texas, Arizona, and New Mexico your only qualification to be a traffic court judge is that you must be 18 years old and speak some English. Call the clerk. Ask her. If she does not know then ask her who knows. Ask the judge himself if necessary.

g Provide me with a chronology and list of players. Never use ALL CAPS.

h Stop talking in court. Let your papers talk for you. I have written a few short speeches for you. Read the transcripts from Charlie Sprinkles trial on the web. Exception: Do ask the judge if he has read motion #7777 (or whatever motion is set for that day). Do mention the motion numbers clearly. That ties them into the record although they are already on the record if they are filed and you have a file stamped copy.

i Don’t tamper with my motions. Submit the pdf formatted version.

j Always get a written rejection note if the clerk refuses to file your paper. Take names of clerks who give you trouble. Call me from the court house.

k Call me from court if you get flustered. Ask the judge to let you walk out in the hall and call me.

l Stop speaking the PNJ (patriot nut job) language. You were driving - not “traveling in your personal conveyance”. Review all the legal stuff you learned up to now. Unlearn all except what was talk to you by actual lawyers. Most of the stuff on the new is written by high school dropout PNJs.

m Turn all lemons/ obstacles into lemonade/ and end game. Example Insist on a prompt transcript. Move to vacate all hearings until a month after you receive your transcripts. File a fee waiver if you qualify and don’t pay for transcripts.

n Don’t fall for their tricks. Email me about every obstacle. Call me if you are in court and away from your computer.

o Know that they cannot make you work off a fine in jail if you are poor. The cases are Williams and Tate. Google for Lawyerdude, Tate, and Williams.

p Get a support group. Tell me who is in your support group. Find somebody to drive you to court if you have license problems.

q Know that the purported license suspension is likely void because they did not give you a hearing. Bell v Burson.

r If you file your motion on the day that you have court, don’t fool yourself into thinking that you will argue the motion that day. The purpose of the filing is to demonstrate to the court that you are progressing with your case. 99% of litigants only progress by pleading guilty.

8 The key is Pre-Trial Motions including a demurrer and motion to quash. I can write these critical winning documents.

9 Special tactic that works only in malum prohibitum crimes: The statute is unconstitutional. In a written motion assert that the statute denies you due process and otherwise violates your constitutional rights and is therefore unconstitutional. This is called a demurrer. It is your ancient right. There were demurrers before the constitution was writen.

10 Demand a transcript of every court appearance. A free e-transcript is your right. Demand a prompt e-transcript.

11 Take your case to the court of appeal BEFORE trial using an application for writ of mandate. Don’t wait to do an appeal. Apply for a writ before trial to ensure that the trial judge follows the common law antecedents.

12 Bring your own court reporter if you can afford it but be sure to get a good e-transcript.

13 Assert your rights listed in your state bill of rights. Sometimes your state bill of rights is better than the federal bill of rights. Also, pick a state, any state. Amazingly you can use ANY state bill of rights! Select the best clauses from the best constitutions.

14 Sue in Federal Court for violation of your rights.

15 Use the “great writ” the writ of Habeas Corpus to rectify jail problems and where other remedies are neither speeding nor effective.

16 Control the pace of your case by setting the hearing date on Tuesday or Thursday 5 weeks in the future.

17 Expose judges who have not finished high school. They work in New York, Texas, New Mexico, Arizona, and other places.

18 I will write a better motion and vacate the date for the previous motion if necessary. Find the theory that gives you a dead bang winner motion such as the motion for Forrest Bishop and the motion for Buzz Vieau.

List of Hyperlinks to Twenty basic litigation lessons in chronological order:

Lawyerdude’s Lessons and Self-Empowerment pages. http://www.lawyerdude.netfirms.com/6415.html

First 13 pages of my book: http://www.lawyerdude.netfirms.com/8457.html

1. Lesson #1: Email 101: http://www.lawyerdude.netfirms.com/8688.html

2. Lesson #2: Overview of the LD method: http://www.lawyerdude.netfirms.com/8786.html

3. Lesson #3: Chronology 101: How to get started: http://www.lawyerdude.netfirms.com/7434.html

4. Lesson #4: Motions 101: http://www.lawyerdude.netfirms.com/6025.html

5. Lesson #5: Checklist on your way to court: http://www.lawyerdude.netfirms.com/8953.html

6. Lesson #6: How to file, serve, and argue your motion: http://www.lawyerdude.netfirms.com/8952.html

7. Lesson #7: What to say in court. How to talk to the judge: http://www.circuitlawyer.8m.com/5537.html

8. Lesson #8: How to debrief: http://www.lawyerdude.netfirms.com/7775.html

9. Lesson #9: How to write a partial chronology: http://www.lawyerdude.netfirms.com/8854.html

10. Lesson #10: What to do next: Control the Pace of Your Case! http://www.fu.gq.nu/6641.html

11. Lesson #11: How to ask for a status report from Lawyerdude: Http://www.lawyerdude.netfirms.com/7953.html

12. Lesson #12: How to make Lawyerdude work well for you: http://www.lawyerdude.netfirms.com/contract.html

13. Lesson #13: How to write. By Professors Strunk and White: The Elements of Style: Free online. Used in the better colleges and law schools: http://www.bartleby.com/141/

14. Lesson #14: Transcript: Charlie saved his case when the judge denied his demurrer: http://ronfox.250free.com/6709.htm

15. Lesson #15: How to Win: http://www.lawyerdude.netfirms.com/7260.html

16. Lesson #16: Briefs 101: http://www.lawyerdude.s5.com/6435memo.html

17. Lesson #17: Prioritize.

18. Lesson #18: Iterate. Re-iterate. The iterative method.

19. Lesson #19: Read how Buzz Vieau won his case: http://www.lawyerdude.s5.com/buzz.html

20. Lesson #20: Make Google your home page. Add “wiki” to your query; this takes you to Wikipedia.

21. Lesson #21: Add “Lawyerdude” to your Google query to find what I have written on the subject.

22. Lesson #22: How to write a good internet post or legal comment.

23. Lawyerdude’s links: http://www.lawyerdude.netfirms.com/5734.html

24. Flowchart: http://www.lawyerdude.netfirms.com/7930.html

25. What has been posted lately: It may be out of date. http://www.circuitlawyer.8m.com/5673.html

Empowerment pages re: Criminal Defense:

1 Your rights as an imprisoned pro se litigant: http://www.circuitlawyer.8m.com/5687.html

2 The top ten criminal motions in California and the Universe. http://www.lawyerdude.8k.com/motions.html

3 Motions 101: How to write a motion: http://www.lawyerdude.netfirms.com/6025.html

4 How to speak up in court. http://www.circuitlawyer.8m.com/5537.html

5 Page of 40 motions. This page is listed on the Steve762 page: http://www.circuitlawyer.8m.com/5695.html

6 Lawyerdude's demurrer page: http://www.lawyerdude.8k.com/5736.html

7 Lawyerdude's former main traffic page: http://www.lawyerdude.8m.com/5259.html

8 Lawyerdudes new standard for public defenders: http://www.circuitlawyer.8m.com/5635.html

9 Lawyerdude’s recommended additions to the bill of rights: http://www.lawyerdude.8m.com/5677.html

10 The leading 143 cases that define criminal procedure: http://www.circuitlawyer.8m.com/weinreb.html

11 How to work well with lawyerdude: http://www.lawyerdude.8k.com/contract.html

12 Here is a format to store all the data for your case: http://www.lawyerdude.8k.com/summary.html

11 Go on the offense: Actual section 1983 complaints. Sue em! http://www.lawyerdude.netfirms.com/6008.html

12 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?

13 Our class projects: http://www.lawyerdude.8k.com/projects.html

26. Medley of cases defining your 6^th amendment right to effective assistance of counsel - appointed if necessary.

Lilburne enjoyed the benefit of appointed counsel in 1648 and got money for his damages.

http://www.lawyerdude.netfirms.com/lilburne.html

The Scottsboro Boys (1932): http://www.lawyerdude.netfirms.com/scottsbo.html

More of that story here: http://www.law.umkc.edu/faculty/projects/FTrials/scottsboro/scottsb.htm

Griffin v Illinois (1956) : http://www.circuitlawyer.8m.com/griffin.html

Gideon v Wainwright (1963) http://www.circuitlawyer.8m.com/gideon.html

Argersinger (1972) www.lawyerdude.netfirms.com/argersin.html

Alabama v Shelton (2002) http://www.lawyerdude.netfirms.com/shelton/html by putting Pearl in jail one hour they violated established law:

This Shelton case at Findlaw is: http://laws.findlaw.com/us/000/00-1214.html

Pearl's Motion in North Dakota court: http://www.lawyerdude.netfirms.com/6147.htm l

27. Medley of cases regarding your Faretta right to speak for yourself and the standards for performance of the public defender.

Faretta http://www.lawyerdude.netfirms.com/faretta.html

Here is what to demand from public defenders: http://www.circuitlawyer.8m.com/5635.html

28. Medley of cases defining your right to a free transcript if you can’t afford to pay:

Griffin et. al. v Illinois (1956) 100 L Ed 891, 351 US 12, 79 S Ct 585, 55 ALR2d 1055. You have a right to a lawyer and transcript free for your first appeal. http://www.circuitlawyer.8m.com/griffin.html

M. L. B. v. S. L. J., individually and as next friend of the minor children, S. L. (1996) 519 US 102; 117 S Ct 555; 136 L Ed2d 473 http://www.circuitlawyer.8m.com/mlb.html You have a right to free transcript in important civil case.

29. Medley of traffic and motions.

These 50 actual motions are linked to the Steve762 page: http://www.circuitlawyer.8m.com/5695.html

30. Link to Medley of 143 cases that define Criminal Procedure in the United States:

http://www.circuitlawyer.8m.com/weinreb.html

This subdocument is http://www.lawyerdude.netfirms.com/5734.html Click it to get the latest version.

Please join my newest: http://groups.yahoo.com/group/the_lawyerdude

Instant message me: I am lawyerdude1989 on Yahoo instant messenger.

31. Over 100 actual winning motions from 22 winning pro se litigators ! http://www.circuitlawyer.8m.com/traffic.html

32. My Demurrer page: Perfect record so far: http://lawyerdude.8k.com/5736.html

33. Lawyerdude’s Empowerment page: http://www.lawyerdude.8k.com/medley.html

34. What performance you should expect from your criminal defense counsel: http://www.circuitlawyer.8m.com/5635.html

35. Charlie’s Transcripts. Learn how to charm the judge and win your case: http://ronfox.250free.com/charlie.html

36. Eighteen actual Section 1983 federal complaints: http://www.lawyerdude.netfirms.com/6008.html

37. 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

38. Courtroom assertiveness 101: How to be assertive in court. Scripts for the Pro Se litigant:

http://www.circuitlawyer.8m.com/5537.html

39. List of the most quotable cases and the most useful web pages for the pro se Litigator: http://www.lawyerdude.8k.com/medley.html

40. Your case summary and trial notebook form: http://www.lawyerdude.8k.com/summary.html