Eric Garner was arrested, without a warrant, for a non-criminal; civil tax code violation that did not apply to him; but I won’t go into that tax code here; or why it did not apply.
But I will say this: Tax Code Violations are civil law, not criminal law, and are not cognizable in New York Criminal Courts; and that the sell of untaxed loose cigarettes is not a crime until the quantity sold reaches ten thousand.
However, the New York State Criminal Procedure Law (which gives members of the NYPD the authorization to make arrest) does not authorize arrest for civil law violations.
The arrest of Eric Garner violated the 4th Amendment to the US Constitution, and the New York State Constitution, because it was an arrest in the absence of probable cause of a crime; again, that tax code violation (even if it did apply to Mr. Garner) is not a crime. Choke-Hold or not, the arrest was unlawful, and a man died during that unlawful seizure, thereby making the death of Mr. Garner a crime as a matter of law.
Yet there was no criminal charges filed against anyone involved in Mr. Garner’s death. I believe this to be the case because it has been erroneously presumed that the arrest was authorized by law; with the focus being placed on the tactics used during the arrest, instead of the lawfulness of the arrest.
Many Americans seemed to have been so dumbed down that basic fundamentals of American law have been erased from their minds. We have forgotten that a warrantless arrest without probable cause of a crime is unlawful. We have become so accustomed to unconstitutional policing that much of law enforcement today is in fact criminal in and of itself.
I’m here thinking of how brilliant The Devil and it’s Demons got you folks by the brain.
They tell you that you are free, and because you are free you have the right to vote. Yet, why would you vote? Because you want political power.
But still, why do you want political power? So that you can have some input into how you are governed.
So, you’re free but you’re governed by others, and that seems logical to you. LMAO!
How is it that you don’t get it? “The House Always Win.”
Political power isn’t vested in a politician, or in a political party. The political power is in the political system, “The House.” It’s victory doesn’t come with who wins an election; the victory comes with your mere participation.
You are the loser simply for participating in the game of Pick-a-Master.
Without your participation the political system, The House, has no political powers.
God has given you all that you need, and an abundance of it. The Demons only offer convenience, at the cost of your soul.
Hey folks, The First 1st Amendment Auditor here: Shawn Randall Thomas. [Yes I’m claiming that title…because it’s true.]
I’m writing this for all of the Auditors all over America, however, every American can benefit from the information that I am writing to share with you.
I believe that the Auditing Community at large is in desperate need of “Legal Training.”
We’ve learned how to use our cameras; we’ve learned how to set-up our cell phones to protect against Dirty-Cop-Deletions; and we‘ve learned best practices for which apps to use to live stream under varying situations.
We can handle ourselves on the street, but when it comes to the criminal courtroom, the vast majority of us are FUCKED.
We depend on Criminal Defense Attorneys, or in the case where we aren’t provided one, we must depend on ourselves; yet most of us have no idea where to begin. That’s why I’m writing this.
Before I begin, it’s important to point out to you all that a Criminal Defense Attorney is an Officer of The Court. His first duty is to the court; not to you, the “client.”
Generally, his first duty is to hand your ass over to the court. That is, to consent to the Court’s Jurisdiction over you.
You may think that because you were arrested, and are now in the court, that the court has jurisdiction over you. That is likely not the case, and you want to do all that you can to keep it that way.
This is not going to be a detailed recitation in legal theory, or legal concepts. This is just my first post on the topic to assist you in the first steps you might want to take should you be faced with criminal charges.
Also, I should mention that in addition to being your first 1st Amendment Auditor, I’m also my own lawyer; and I have NEVER lost a case acting as my own lawyer in New York City Criminal Courts…NEVER.
I have never accepted a “Plea Deal” or pleaded “No Contest” in any case where I “represented” myself.
Whether at oral arguments; written motion; or jury trial, I have always prevailed. I even made new law in New York.
Also, I am a “High School Drop-out” who has never seen the inside of a college as a student; and, I’m not particularly bright. Yet I’ve manage to stomp a mud-hole in stand out Harvard Law graduates employed as prosecutors in New York City Criminal Court rooms.
If I can do it, you certainly can.
How many cases have I defended myself in? I’m not exactly sure; I stopped keeping count as some were very minor, and some were not so minor. It’s not in the hundreds, but somewhere around a dozen or so. So my victories aren’t a fluke, or the courts taking it easy on me.
[I share my body count in an effort to give full disclosure.]
So, let us begin:
In different locations around America you will find differing “books” that the “law” is operating from. So I can’t tell you exactly what book you should be looking in to.
In New York, for example, there is the New York State Penal Law, which is the book from which one may be charged in New York.
However, the book where one would find the rules that allow for how those charges are to be prosecuted, is the New York State Criminal Procedure Law.
One does not have to sit in a law library to read these “law” books. Google is your friend.
You don’t have to read through the entire book to assist yourself, but you do want to start with those two books: The book from where the charge is coming from (generally the penal law), and the book of criminal procedure…or criminal process in some locations.
Let me interject here to tell you why reading their laws is so important. In every criminal case that I have defended myself in, including the jury trial, I have NEVER put on a defense.
That’s right, I have never argued that I did not do what I was accused of doing. Even with video to support my innocence, I’ve never presented a video in a court to defend myself.
I have a general rule for myself: If I’m arguing that I’m innocent I’m doing it wrong. There’s also a general rule that applies to “government”: They don’t follow there own rules.
Before I continue with the first steps that you want to take, there’s something that you should know about “criminal charges.”
Criminal Charges have Elements, known as the “elements of the offense.”
What are elements? Elements are ingredients. Think of it like this: Remove any essential ingredient, and you no longer have that item. So, if you remove the chocolate chips from the Chocolate Chip Cookie, you no longer have a Chocolate Chip Cookie.
You can replace the chocolate chips with vanilla chips; walnuts; almonds; candy; nothing; etc., and it may taste just as good, or even better. But it’s not a Chocolate Chip Cookie.
If an element of the offense is missing, the offense was not committed. It does not matter what you did or did not do. AND! If there is no offense [due to a missing element] then the court / the Judge has no jurisdiction over the matter.
No jurisdiction means: No Power; No Authority; No Control; No Right, to do anything to you. Not even to make you come back to court for additional hearings. But, remember, an attorney’s first duty is to ensure that the judge gets that jurisdiction via your consent.
So, you get charged:
• Your first step is to search Google for that charge. You don’t search “Disorderly Conduct” for example. You search the code that they wrote down; those numbers [and letters.]
• Then you read that code from the Penal Law, or wherever they are citing from.
• Next, you search for the elements of that offense if it is not already plain. (NOTE that “intent” is often an element of the offense.)
• Next, you go to the “factual allegations” in the “accusatory instrument / charging document.” Depending on your location, they make an effort to hide the factual allegation from you, and only want you to address the non-factual portions. Why? No elements, and if you don’t object that means that you consent. You want to read the factual allegations which can not be conclusory. THIS IS VERY, VERY IMPORTANT.
• Now, examine the factual allegations; first see if it makes out all of the elements of the offense; then compare the factual allegations to what is hopefully captured on video.
Generally, cops are too stupid to make out a statutorily sufficient factual allegation without committing perjury. [When cops commit perjury it benefits you in the long run. So don’t be mad, let ‘em dig their own graves. That’s why we record.]
If the factual allegations don’t match the evidence, you’re in a good position. But first, see if there are any missing elements. If there are, the matter should not, and cannot be in the court to begin with.
You don’t require an attorney. Your best interest isn’t their best interest. They are not there to keep you out of court, they are there as a lubricant to ensure that you get run through the court smoothly, and that the court runs through you smoothly.
If you appreciate what I’ve shared; and would like me to continue to share what I know, and have learned, then you share this and let me know that I should continue to share information; tactics; and my experiences.
Auditors should be able to hit another Auditor and say “I got charged with x-y-z, what can you tell me? Do you have any case law that I can use?” I’m here to facilitate that.
We are winning the struggle in the streets. Let no one tell you any different. Cops are terrified of the camera because of us. Let us now kick some ass in the court room. Let’s make them rethink charging any of us with anything. We can do it; we’re already in the fight. It’s time to upgrade the arsenal.
Also, donations are a great motivation. I do accept CashApp: $ShawnRanallThomas
As the republic explodes in this recent uprising over police behaviors, we see something that may be unprecedented; that is police acknowledging that the killing that sparked the uprising was wrong. Generally speaking, the police either seek to justify the killing, or remain publicly silent on the killing. Continue reading “EVERY COP IS DEREK CHAUVIN: I’ll EXPLAIN HOW.”→
Facing jail time can be intimidating to say the least, facing jail time for a crime that never occurred can be enraging. I was in such a position. Members of the NYPD wrongly arrested me for theft of service, a-k-a “fare evasion” / “turnstile jumping”; a slam-dunk conviction whether right or wrong in the vast majority of cases. Basically a cop says “I saw him enter and I didn’t see him pay”, and the case is made.
A guy approached a door, grabbed the door handle, and pulled. The door did not open, so he pulled harder, yet the door still would not move. He tried again, and again, to pull the door open by its handle, and each time the door didn’t budge.
The guy concluded that the door, as he did with every other door in that building, was stuck. He would complain to all who would listen, that the doors in that building were all stuck, and of no use to him.
However, on that door there was a sign that clearly stated “PUSH”, but the guy could not make the connection between the sign on the door, and his wish to open the door. People observing the guy, and his complaining would view him as an idiot.
Most of you are that guy; you complain that the “law” is “racist”, and you do not make the connection between learning the law and using it to overcome the abuses that you object to. Continue reading “IS RACISM REALLY THE CAUSE OF INJUSTICE?”→
My Thoughts 
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