UNITED  STATES  GOVERNMENT


Civil Rights Denial and Detention




  There are unavoidable issues to Department 5:

     The states of the United States have altered the use of the Constitution and the Declaration of Independence in state's court proceedings to the point of exclusion of these documents and their meaning and denying enforcement of citizen's civil rights, in violation of federal laws, using deception and denial of civil rights and causing illegal detention.

     SEE:  CIVIL RIGHTS DENIAL AND DETENTION

     The focus is on the courts stating "a defendant has the right to an attorney at every court appearance" but when there are no public defenders at Plea Hearing, the judge states to the defendant that he has to plea anyway because if he wants an attorney he will have to go to jail, and he will not be able to be released by the court onto a court release "own recognizance bail," (to an O.R. Bail), because he has to go to jail until he speaks to an attorney. The courts may state, "Is that what you want to do?!" Whether the courts ask this question or not doesn't make any difference in it being a violation of your rights.                 6TH AMENDMENT VIOLATION, DENIED RIGHT TO AN ATTORNEY.

     The 6th Amendment states you have a right to an attorney in a criminal prosecution. The 6th Amendment does not state your civil right to an attorney is conditional to a plea. and in many instances a defendant is led to believe he is guilty when he is not to plead his charges during a period of time an attorney right is witheld, but the full transcription of the court activity of what each person in court said during the plea hearing has omissions of the defendant requesting to spaek to an attorney or public defender before making a plea. Once the court states "This is your plea hearing and you have to make a plea; That is the reason why you are here today, right now, and you have to enter a plea." If the defendant asks to speak to an attorney again, then the court gives the defendant the alternative of, "If you continue to ask for an attorney, I will not be able to release you on court bail and I am going to have to returnyou/send you to jail." "Is that what you want?!" THIS IS CALLED COERSION


THIS TYPE OF COERSION IS DENIAL OF UNITED STATES CONSTITUTION, 6TH AMENDMENT RIGHT:

YOU ARE ALLOWED TO HAVE AN ATTORNEY TO ENTER A PLEA, AND A DEFENDANT SHOULD REQUEST AN ATTORNEY TO REPRESENT THE CHARGES TO ENTER THE PLEA, "TO AVOID CRIMINAL ACTIVITY BY THE COURT DURING THE PLEA COURT APPEARANCE DATE."


     The focus is also on the courts, by the Trial Courts and the Court Ordered defense attorneys (public defenders), telling the defendant he has to sign the plea bargain. As in one case, the public defender in California told the defendant in the hall outside the court room to "now sign the plea bargain." When the defendant refused to sign the plea bargain for his attorney, (the public defender), the public defender stabbed the defendant with an ink pen.

     Another issue, especially in California, the state legislatures make a law that states, "A defendant does not have a right to full transcription until the first court appearance of trial." The counties interpret the meaning of this law that the court reporter does not have to report everything anyone says in the court room and what is said by "anyone" can be summarized into the reporters own words. When a court reporter is assigned to a judge, that reporter works closely with that judge, and the judge tells the reporter how the court would like the reporting to be done, i.e., no appealable error reported in the transcript, (so a defendant's appeal has no merit). If you are a defendant, if you order a copy of a transcript from a plea hearing, you will be lucky to find anything you said in the transcript.

     When you speak with the supervisor of the court reporters office of the county courthouse, you will be told that you do not have the right as a defendant to full transcription of what anyone says in the courtroom, except the judge. If you telephone the State Legislature you will be told the state legislature and the state senate never made such a law, and the supervisor of the court reporters was lying to you, you should document this telephone call, date and time it. Possibly notarize it. But you should at least have an electronic text notation of this telephone conversation.

     A witness or two from the spectators in the courtroom during your plea hearing should independently fill out a sworn affidavit you create, paragraph by paragraph of the cronological statements made by the judge and the defendant. Each paragraph should have a blank to the left of the paragraph that needs to be initialed as true, and then signed, signature dated, or dated by the notarization of this document. A paragraph above the statements that need to be initialed as true, should have a warning stating: "Please initial the blank in front of each statement that is TRUE." "Do not initial any statement which is not completely true."

     If a defendant disagrees with the plea the court entered as not the plea offered to the court at the plea hearing by the defendant, you can use such a sworn affidavit to prove the transcript of your plea is dishonest.

     If a defendant has had this judge previously as a trial judge or/and as an appeal judge and is now your trial judge again, especially if the judge makes a comment of that he remembers you, or you have had previous experience with the courts, you may want to consider this as prejudice and request for a change of venue, which means you want a different judge to hear your charges.

     If you consider this matter verry serious, you would want to have the matter of the charges heard in another state under federal jurisdiction by a federal injunction stating the trial court and that state has previously violated your civil rights and does not acknowledge the United States Constitution as far back as another year previously and sets a track record of not being an isolated incident but rather continued practice of this court, which court represents the State, as it says so in your charges sheet, the state of vs. defendant, and proves this State's judicial branch of government has seperated from the federal government.

     This matter becomes more even more important if you avoided the illegal court activity by leaving the state and now have a failure to appear with a bail which will result in an arrest if you return to the state for a federal court hearing, once you have returned to their state's jurisdiction you will be arrested on the warrant, and placed in jail where you can not effectively represent yourself with documents or an attorney. You will be prevented from this, as well as forced to appear before the same court you are trying to avoid at state level.

     If you want to avoid the trial court at state level and transfer the case to federal level, you will want to advise the federal district court in your new residence state that you want to have the case heard in federal court outside of that state because you do not wish to be arrested on the bail warrant and placed in jail where you will not be able to effectively represent yourself with documents and an attorney from within jail.

     Here is an example of just the beginning of such a federal injunction, which you will have to change the names of the parties. For further information on full construction of your injunction to include a "Conclusion" describing what you want the federal injunction to do, including the arrest of the judge, court reporter and supervisor, and possibly the district attorney who was present at your plea hearing , you will need to disclose your matter for help, but first you should request help in short for this by email to: peter4444@sbcglobal.net.

     Help is available, but your financial resources will bring attention to special consideration for immediate help to you whatever your case may bring to us for help, and we will exclude almost all state and federal defense attorney's, who all claim they can not help in your case because it is too difficult to represent, (even though they are trained to defend each case on its own merits).

     Just be aware, just because the federal government does not often enforce federal laws of states with new state laws "of opinion," which violate federal drug laws, you could be held responsible for a federal crime of not reporting any group of people, or one person, who object to the federal government, or its laws, which is called treason:


18 USC ss 2382 – Misprision of treason

Whoever, owing allegiance to the United States and having

knowledge of the commission of any treason against them,

conceals and does not, as soon as my be, disclose and make

known the same to the President or to some judge of the

United States, or to the governor or to some judge of

justice of a particular State, is guilty of misprision of

treason and shall be fined under this title or imprisoned

not more than seven years, or both.


EXAMPLE FEDERAL INJUNCTION:


SUPERIOR COURT OF THE STATE OF CALIFORNIA,

COUNTY OF SAN MATEO,

SOUTHERN BRANCH, 400 COUNTY CENTER

Redwood City, California 94063-0965,

Telephone: (650) 363-4711

 

STATE OF CALIFORNIA,

          PLAINTIFF,

ATTORNEY’S FOR PLAINTIFF

TELEPHONE:  (650) 363-4677

     Vs.

Peter Andre Levin,

          Defendant.

ATTORNEY’S FOR DEFENDANT

Telephone:  (202) 465-4341    Telephone:  (202) 236-0176

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  Criminal Case No.: SM379001A

  (MISDEMEANOR)

 

 

 

 

      FEDERAL INJUNCTION


 

 

 

 

NOW INTO COURT, through defendant as representing himself in filing this complaint, a Natural Citizen of The United States of America, Peter Andre Levin, who respectfully represents the following:

 

This Citizen is Ordered by USC Title 18, Part 1, Chapter 115, ss2382, Current through Pub. L. 112-283, (See Public Laws for the current Congress.), to avoid being guilty of misprision of treason, to not conceal knowledge of the commission of any treason when owing allegiance to the United States, the following this Citizen respects the federal law:

 

18 USC ss 2382 – Misprision of treason

Whoever, owing allegiance to the United States and having

knowledge of the commission of any treason against them,

conceals and does not, as soon as my be, disclose and make

known the same to the President or to some judge of the

United States, or to the governor or to some judge of

justice of a particular State, is guilty of misprision of

treason and shall be fined under this title or imprisoned

not more than seven years, or both.

 

In 1798, President John Adams signed into law Sedition Acts, the fourth of which set out punishments for “opposing or resisting any law of the United States” or writing or publishing “false, scandalous, and malicious writing against the President or the U.S. Congress.

 

In 1917, in the Espionage Act, Section 3 made it a federal felony crime, punishable by up to twenty years of imprisonment and a fine up to $10,000, to spread false news of the American army and navy with the intent to disrupt their operations.

 

In 2013, federal law(s) needs to be enforced, (above), to punish those Citizens in charge of convictions in the courts, in violation of Citizen’s Federal Bill of Rights: when a court judge or court commissioner, in felony and misdemeanor courts, the judge oversees a court reporter, the court reporter does not report all of the communication between the court and the defendant, the judge, the supervisor of the court reporter, and the court reporter, and the prosecuting district attorney, they separately and together agree, it is OK to omit certain statements from the transcript made about attorneys and pleas, causing the transcript to indicate the court got a good conviction, causing no appealable error in the transcript, and when a transcript is used by a defendant’s grievance for proof of appealable error, no appealable error can be sought by transcript of a court hearing, by a defendant in an appeal to his case.

 

When a defendant is requesting of the court to first speak to an attorney for advice about making a plea, and to not speak directly to the court about making the plea without an attorney, or the defendant claiming an improper plea was made by the defendant after showing an interest in having an attorney, or a plea is offered by the defendant of not guilty but the court enters a plea for the defendant by the court of guilty, or the court enters a plea of guilty against the defendant’s will, without an attorney, when the transcript has “omitted” the conversation between the court and the defendant, these matters violate the Federal Bill of Rights.

 

In this United States Citizen, the defendant appeared in Superior Court for THE STATE OF CALIFORNIA .

 

The following Federal Laws are alleged to have been violated by the judge at plea hearing in case number SM379001A, and the judge is an employee of: "THE STATE OF CALIFORNIA:

 

Count One:

Sedition

Syn: See treason.

18 USC ss 2383 – Rebellion or insurrection

Whoever incites, sets on foot, assists, or engages I any

rebellion or insurrection against the authority of the United

States or the laws thereof, or gives aid or comfort thereto,

shall be fined under this title or imprisoned not more than

ten years, or both; and shall be incapable of holding any office

under the United States.

 

 

Count Two:

Sedition

Syn: See treason.

18 USC ss 2384 – Seditious conspiracy

If two or more persons in any State or Territory, or in any

place subject to the jurisdiction of the United States,

conspire to overthrow, put down, or to destroy by force the

Government of the United States, or to levy war against them,

or to oppose by force the authority thereof, or by force

to prevent, hinder, or delay the execution of any law of

the United States, or by force to seize, take, or possess any

property of the United States contrary to the authority

thereof, they shall each be fined under this title or imprisoned

no more than twenty years, or both.

 

Count Two:

Sedition

Syn: See treason.

18 USC ss 2385 – Advocating overthrow of Government

Whoever knowingly or willfully advocates, abets, advises, or

teaches the duty, necessity, desirability, or propriety of

overthrowing or destroying the government of the United States

or the government of any State, Territory, District or

Possession thereof, or the government of any political

subdivision therein, by force or violence, or by the

assassination of any officer of any such government; or

 

Whoever, with intent to cause the overthrow or destruction

of any such government, prints, publishes, edits, issues,

circulates, sells, distributes, or publically displays any

written or printed matter advocating, advising, or teaching

the duty, necessity, desirability, or propriety of overthrowing

or destroying any government in the United States by force or

violence, or attempts to do so, or

 

Whoever organizes or helps or attempts to organize any society,

group, or assembly of persons who teach, advocate, or encourage

the overthrow or destruction of any such government by force or

violence; or becomes or is a member of, or affiliates with, any

such society, group, or assembly of persons, knowing the purpose

thereof –

 

Shall be fined under this title or imprisoned not more than twenty

years, or both, and shall be ineligible for employment by the United

States or any department or agency thereof, for five years next

following his conviction.

 

If two or more persons conspire to commit any offense named in this

section, each shall be fined under this title or imprisoned not more

than twenty years, or both, and shall be ineligible for employment by

the United States or any department or agency thereof, for five

years next following his conviction.

 

As used in this section, the terms “organizes” and “organize”, with

respect to any society, group, or assembly of persons, include the

recruiting of new members, the forming of new units, and the regrouping

or expansion of existing clubs, classes, and other units of such

society, group, or assembly of persons.

 

The defendant, Peter Andre Levin, declares he alleges the Trial Court of THE STATE OF CALIFORNIA committed Sedition, in law, the overt conduct in speech and organization of court proceedings, that is deemed by the legal authority of the Federal Bill of Rights, the Federal Government of The United States of America, in those laws they follow, to tend toward insurrection against the established order. Sedition (disambiguation)

See: Sedition – Wikipdia, the free encyclopedia, en.wikipdia.org/wiki/Sedition

  

 The judge failed to follow the agreement THE STATE OF CALIFORNIA entered into to be a member of the UNITED STATES GOVERNMENT, and to follow its federal laws, as the court disagreed with, as set forth on the date of the plea. A transcript of the plea hearing before the judge at the plea hearing in case number SM379001A, representing in the charges, "THE STATE OF CALIFORNIA vs. Peter A. Levin," constitutes an act against the federal government, and its laws:


(STATE WHAT FEDERAL CONSTITUTIONAL AMENDMENT WAS VIOLATED, PRODUCE A QUOTE OF THAT AMENDMENT," FOLLOWED BY WHAT THE COURT DID THAT DID VIOLATE YOUR CONSTITUTIONAL RIGHT).

DO NOT ADVISE THE COURT OF ANYTHING ELSE EXCEPT THIS VIOLATION ABOUT YOUR CASE, UNLESS THIS VIOLATION IS A CONTINUANCE OF A PREVIOUS CASE IN THIS STATE, AND PROVIDE EVIDENCE BY DOCUMENTS OF THIS VIOLATION OF THE SAME AMENDMENT).

 



     If you want your civil rights, you have to argue with the courts to get them. That goes for everywhere else too, at home, and on the highway.

RIGHT TO AN ATTORNEY
The focus is on the criminal courts stating "a defendant has the right to an attorney at every court appearance" but when there are no public defenders at Plea Hearing, the judge states to the defendant that he has to plea anyway because if he wants an attorney he will have to go to jail and he will not be able to get a court release to O.R. because he has to go to jail until he speaks to an attorney. The courts may state, "Is that what you really want to do?" Whether the courts ask this question or not doesn't make any difference in it being a violation of your constitutional civil rights.  6TH AMENDMENT VIOLATION, DENIED RIGHT TO AN ATTORNEY.

FORCED PLEA BARGAINS  and THE CHARGES, and ASSULT BY PUBLIC DEFENDER                         The focus is also on the courts, by the Trial Courts and the Court Ordered defense attorneys (public defenders), telling the defendant he has to sign the plea bargain. As in one case, the public defender for the State of California  in the hall way outside the court room was told by the defendant he would not sign the plea bargain or touch it. The public defender still demanded and told the defendant, "Now sign the plea bargain!" When the defendant refused again to sign the plea bargain for his court Ordered defense attorney, (the public defender), the public defender did not know what to do, so she stabbed the defendant with an ink pen. SEE: Redwood City, San Mateo County, California case number SM363186A (misdemeanor), Charged with "Lying to a Police Official," Arraignment Date 6/4/2009, Citation number 30032183 on the date of 2/23/2009. Two court appearances were made before the misdemeanor court, Plea Hearing and Sentencing. The following day after sentencing a "Notice of Appeal" was filed by the defendant. The defendant went on appeal on this misdemeanor to 17 court appearances on appeal, for a misdemeanor. (Under the laws of the State of California, if you are charged with a misdemeanor crime, your appellate rights can not be appealed outside the county, to state appellate courts). On 3/3/2009 the appellate rights were completely exhausted inside the county of San Mateo California, (the 17 appeal court appearances took at least 1-year to complete). The last appellate court summarized the case, and the defendants constitutional civil rights:

1]  To being denied the right to fire his public defender,

2]  And as to the defendant's constitutional right to being informed of what he said or what he did in the charges sheet, in California called "Information." The defendant was claiming that he could not possibly have agreed to sign a plea bargain without being told in the "Information" what he said or did, otherwise the information was just an excerpt from a law book, and not charges, and for the public defender to demand with the physical force used of the stabbing that he sign the plea bargain, would have been a "wild card" plea to whatever an accusatioin might be as to what he said or did, resulting is something bad happening to him in court.

The defendant then tried to fire the public defender in the hall way outside the courtroom by telling her she was fired. When the defendant tried to go around the public defender to enter the courtroom, the public defender blocked the defendant, and stated: "If you try to go around me to get into the courtroom I am going to rip my dress and start screaming "RAPE" and then you won't have to worry about that misdemeanor anymore" "I'll have you arrested for RAPE right here in the courthouse." "Now sign that plea bargain." (By now the disturbance was noticed by a court deputy in the hallway and he came over and stood near the defendant, closer to the defendant than the public defender, and he reached around behind himself and started making noise playing with his hand cuffs). The defendant spoke to the sheriff's deputy and the public defender, that the public defender is fired, and that he was signing the plea bargain, not as an admission of guilt, but rather to regain his right to enter the courtroom to speak to the judge so he would not be held in contempt of court. Upon the defendant entering the court, he told the judge that he had signed the plea bargain, not as an admission of guilt, but to regain his right to speak to the court, the entire story. The judge stated, "I am not going to go along with that." The defendant stated, "I know the civil law in the State of California says, no matter what kind of a legal document you sign, you have 30-days to rescind your signature." "I signed the plea bargain, what, 3-minutes ago?" The judge stated again, "I am not going to go along with that" and the judge went directly into sentencing, to one year court probation, no fine, no court fees or costs. The defendant took this case on appeal.

On appeal, each of the 17 appellate judges at those hearings refused to admit the defendant had a right to fire the court appointed public defender, and to be informed of what he said or did in the charges sheet, for example, charged with theft of a Mars candy bar from Safeway, to wit: witnessed by two employees. Although the charges were not about a candy bar or Safeway, this illustration shows the defendant raised the complaint the charges were nothing more than an excerpt from a law book, and did not say "to wit:" followed by any accusation of what he said or did, and he demanded the information be dropped or refiled because it was imperfect. The trial court refused.

The defendant accused each and all  of the 17 appellate court judges of refusing to allow the defendant another court appointed attorney after he fired his court appointed attorney, as being a violation of the 6th Amendment Right to an attorney in a criminal prosecution. The defendant stated in each courtrooms the judges were employees of the State of California, as admitted in all the court documents, STATE OF CALIFORNIA vs. Peter A. Levin, Defendant, and that meant the State of California was denying the right to an attorney in a criminal prosecution against the United States Constitution, and therefore the State of California had withdrawn from the 50 states of the United States, and that the city they were in must be the capital of an undeclared country.

The 17th appellate court judge ordered the probation reduced to completion, and offered to sign the approval for a record clearance application if the defendant would file the application for record clearance, which the appellate judge did sign.

It was the court's choice to conclude this case: It is uniform within all 49-states, although the name of the law may vary state-to-state, in Florida it is called CPR1, for CRIMINAL PROCEDURE RULE 1, which states: "Upon the completion of the last day of sentence, all appellate rights expire on the same day as the completion of sentence.


FULL TRANSCRIPTS NOT PERMITTED UNTIL FIRST COURT APPEARANCE OF TRIAL                         

Another issue, especially in California, the supervisor of the court reporters for San Mateo County said, "The California State Legislature made a law that states, "A defendant does not have a right to full transcription until the first court appearance of trial." The counties interpert the meaning of this law that the court reporter does not have to report everything anyone says in the court room and what is said by "anyone" can be summarized into the reporters own words. When a court reporter is assigned to a judge, that reporter works closely with that judge, and the judge tells the reporter how the court would like the reporting to be done."  (In this way, no appealable error is reported in the transcript, (so a defendant's appeal has no merit)). If you are a defendant, if you order a copy of a transcript from a plea hearing, you will be lucky to find anything you said in that transcript.

When I telephoned the California Court Reporters Board at the capital Sacramento California, I was told neither the California State Legislature or the California State Senate had made any such law  -- that the supervisor had lied to me, and that the Oath a court reporter takes requires that everything that is said in court must be reported "verbatim" into the "minutes," which later when the court reporter signs the minutes, it is then called a "transcript."

Once a court reporter signs the minutes, the court reporter can not change the minutes as the penalty for doing so is 5 years in prison, the same penalty for not reporting in the minutes everything that is said in the court room, which is word for word what what was said, and not in the court reporters own words.

If the court reporter regularly assigned to that court room reports by instructions from the judge, and since the district attorney sees the transcript, all the members of the court are guilty of "omissions" in court reporting, a felony crime.

If you want your civil rights, guess what, you have to argue with the courts to get them. That goes for everywhere else too, like at home, or on the highway.

If you have, or are going to have criminal convictions on your police record, or you want to know how this will affect your life, please SEE: CRIMINAL CONVICTIONS