If some party wants to press a claim against someone else, and the claim is one of a criminal nature, they would create an Affidavit for Probable Cause and take it to the appropriate authority, perhaps a county attorney, or a state attorney, or even a US attorney.
If the attorney determined that the claim had merit, he would take it before a Grand Jury. The Grand Jury would consider the situation, and if they felt that the claim needed to be heard before a petit jury, trier of facts, then the Grand Jury would issue a True Bill. Hmm, bill … sounds a little like commerce to me.
If a sheriff or marshal offers you the ‘benefit privilege’ of being arrested, what is the first thing you ask them for? You would ask them for the original signature order from the judge and the Affidavit for Probable Cause that instigated the whole thing in the first place.
If in the unlikely event that they did have the original warrant, your remedy would be to AFV and give it right back to them. [my son did that once … a traffic cop gave him a true bill and warrant in the form of a traffic ticket … my son did the AFV on the ticket and gave it right back to him … the cop said, ‘you just voided out my ticket’, and my son said, ‘yes, and I will do it to every other ticket you give me’, so the cop went back to his cruiser and wrote out another ticket and just threw the copy of the ticket into the back of my son’s truck … and ran off].
Usually what happens is that they only have some copy of some supposed warrant, and so they arrest you and put on handcuffs (for their safety as you can use whatever physical resistance you are capable of if the warrant is illegally served … which it always is) and haul you off to jail. “Every person has the right to resist an unlawful arrest ... and, in preventing such illegal restraint of his liberty, he may use such force as may be necessary.” Columbus v. Holmes, 152 N.E.2d 306 (1958).
So, what is the remedy for that? Sue the warrant! One good way to sue the warrant is to do a habeas corpus. If a warrant is sued, it is presumed to be fraudulent.
I used to hear a man say, find the first defect in the paperwork, and you are 2/3 done.
Now if you haven’t done any of that, what will have to happen is that they will have to identify you. Technically, they will be trying to identify you as being a citizen. If you are a citizen, then all of the statutes and codes kick in making you liable for the public or national debt. If that can be established then you are considered to be an ‘absconding’ debtor (meaning that you are taking off with some of the property belonging to the state, etc.), then they will put you in a holding cell or jail until you can be arraigned before a magistrate to see why you haven’t paid your bills, in particular, the True Bill.
Paramount to establishing a contract between you and the court is for you to give them your name and hopefully they can get a signature or two out of you.
So, the remedy for those requests is … don’t give them your name and don’t sign anything.
Perhaps you might use the tactic Roger used years ago whereas if they ask you for your name, you simply ask them for theirs, and then follow with the rest of the questions … do you have a claim against me, etc.
Brandon, Gordon and Jack have recently come up with some things to say which seem to work real well. You could say, ‘well I am the authorized representative for JOHN DOE’. And then there is a further conversation that could be had from there.
Or you might say, ‘I won’t say it for fear you will misspell it. If you will write it down exactly as I spell it, then here it is…’. Or you can wear a name tag.
If they insist you sign something, just ask, ‘can I be forced to sign a contract against my will’? If they say ‘yes’ or still pressure you to sign, you might ask, ‘so then, what you are implying is that you are waiving your bond and insurance and making all of your personal property available for seizure by me.?
Or you could give a qualified signature which could be used to ‘set up’ a situation later on. If you just give what would be called a general signature without any qualifiers, then you are granting them general jurisdiction on your signature. But you can qualify your signature in any number of ways. Some of the most popular are By: Authorized Representative, or Grantor, Trustee, Beneficiary, Executor, UCC 1-308, UCC 3-402 b, etc. But what you are doing is allowing your signature to be used only in those limiting situations.
At some point they will be wanting you to plead or pray (but you won’t be praying to God, you will be praying to the false idol known as the ‘state’).
If you are in shackles, you might ask them to take off the restraints because you can’t speak freely unless you are free to do so. Otherwise any contract you enter into will be done under duress and will not have any effect later on.
If they free you up, tell them that you need an appearance bond at no cost to you so that you can speak in the court. If they refuse the appearance bond, ask them if anyone present is holding a bond on you? Who is holding the bond in this case?
***at this point it is important that you always get an answer to every question that they put to you. You should ask responsive questions which require only a yes or no answer. Never ask a second question until you have the first one answered.***
Remember that your appearance in the magistrate court is totally civil. What is being determined is whether or not you have paid your bill.