2.4: How should I plead: Guilty, Not Guilty, or No Contest?
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This article is from the Lawful Arrest/Search/Seizure FAQ, by Ahimsa Dhamapada ahimsa@mu.clarityconnect.net with numerous contributions by others.
2.4: How should I plead: Guilty, Not Guilty, or No Contest?
This answer comes primarily from research by Richard
Nagol, and appeared as the "Generic Plea, Criminal" in the
AntiShyster magazine, June 1991, and Jan/Feb 1993 issues.
If you enter any plea, you are accepting the jurisdiction
of the court. If you hire an Attorney, At Law (an officer
of the court), you are implicitly accepting jurisdiction
of the court.
A perfectly valid tactic is to cry "NO JURISDICTION!",
and the Court must prove subject matter, geographic,
and personal jurisdiction over you. You appear before the
court not because you accept it's jurisdiction, but because
of threats of incarceration, loss of work, fines, all of
which constitute threats to your life and family, etc. You
challenge jurisdiction in ALL matters before the court.
You must state, "I assert all my rights under the
Constitution and under Common Law at all times. I wave none
of my rights". If the Court fails to observe your rights
as a free and natural person in every respect, the court
becomes renegade to the Constitution of the United States,
and loses all jurisdiction over you, the accused.
Supposedly, one cannot be incarcerated by the court unless
one has Counsel at trial. Thus, you should never sign a
waiver to Counsel.
If you must enter a plea, REMEMBER THIS: If you enter a
plea of Guilty or No Contest (or plea bargain, or "cop
a plea"), then you are WAIVING YOUR RIGHT TO TRIAL BY
JURY. If you are innocent of wrongdoing, if you haven't
hurt anybody, you must plead INNOCENT and get a jury trial.
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