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Monday, February 10, 2014


The last article I wrote I tried to inform the Brothers and Sisters how the Judicial system in Duval County has artificially disenfranchised literally tens of thousands of us over the past thirty years with those bogus felony judgments. In this article, I want to show and explain to you how the Duval County State Attorney’s Office is using unregistered Assistant State Attorney’s to fraudulently charge you with felony offenses and then prosecute you (us) without any legal authority. In fact, they charge and prosecute us in violation of state statute, but because we won’t learn any better nor challenge their wrong doing... they continue to to do what they do... and we suffer.

The elected State Attorney of any Florida County gets his or her power to prosecute and perform other legal duties... from the  Florida Constitution. With regard to prosecuting crimes in a court of law, the State Attorney gets that power from Article I section 15 of the Florida constitution. No one State Attorney can prosecute every criminal offense in any county so the state Constitution gives the State Attorney authority to empower assistant state attorneys to help him or her fulfill their duties. That power, however, must be legislated by the state legislature, and thus is to be found in Section 27.181 (1)-(3) Florida statutes, which create the office of assistant state attorney (ASA). 

When an attorney is appointed to the job of assistant state attorney by the State Attorney, section 27.181 (1) Florida Statutes requires that BEFORE that assistant attorney performs ANY duties of an assistant state attorney, the State Attorney MUST obtain that attorney’s written appointment, written and signed Constitutional Oath, and Designation, file it with the county clerk, and then promptly file a certified copy of all those documents with the Department of State, or Secretary of State. If that assistant state attorney quits, gets fired, or dies, the State Attorney MUST promptly notify the Secretary of State. Subsection (2) of section 27.181 unambiguously commands an assistant state attorney NOT TO SIGN a felony indictment or information unless he or she has been specifically Designated to do so by the State Attorney, and such WRITTEN DESIGNATION has been filed with the Secretary of State by the State Attorney.

The Hoodwink occurs when newly hired assistant state attorneys are appointed and are working in misdemeanor court, but want to immediately play on the big stage ... in felony court. They catch potential felony cases as they come in through first appearance, and sign them with their name, rather than in the name of the State Attorney. They know that we hardly ever see the information or indictment before going into courtroom for arraignment. By then, public Defenders (Pretenders) have usually convinced the defendant to cop a plea to a lesser charge whether you’ve committed the crime or not. In the alternative, most of us still don't ask for a copy of the information prior to arraignment, which is the time that you must challenge any impropriety in an information or indictment. Once you plead guilty or not guilty to the charge, you are waiving any defect in the official charging document. That's where we blow rec.

If you have been formally charged by felony information - which is what most of us get charged with unless its first degree murder or some other capital offense - and your information doesn’t specifically say that the assistant state attorney was specifically Designated by the State Attorney to sign that information or to charge you with that felony offense... more than likely you’ve been HOODWINKED, and the court’s jurisdiction to hear and or preside over the case has been fraudulently invoked. They have broken the law, and subverted to Florida Constitution. They do it every day, and even in some major highly publicized cases. They've been doing it to us for decades. The State Attorney MUST file that designation with the Secretary of State in order for that ASA to sign a felony information, otherwise, the signature has no power nor legal effect.

In many cases, an undesignated and unregistered assistant state attorney will be put under the wing of a registered assistant state attorney to get his or her experience in a real courtroom, in a real felony case. The registered ASA will turn the case over to the unregistered rookie and allow him or her to prosecute the case at trial, and your attorney, the judge, clerk and bailiff will go along with the farce.  They will file motions and make legal arguments when legally they have no power nor authority to represent the State whatsoever. No business talking to nor presenting evidence before a jury.  This farce constitutes FRAUD UPON THE COURT, despite the fact that the court is participating in the fraud. But fraud is allowable so long as you don't complain. People have a right to agree to be defrauded, and that's what we do because we don't know...but then again we know that .... ignorance of the law is ... NO EXCUSE!   HOODWINKED!

More on this next week! TONY ERWIN HOWARD

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