In criminal court proceedings, a defendant's right to self-representation (Faretta rights) is not absolute and requires the defendant to demonstrate understanding of court procedures, willingness to submit to court jurisdiction, and ability to follow legal rules; courts may deny self-representation requests and appoint counsel when defendants demonstrate unwillingness to comply with procedural requirements or engage in frivolous litigation tactics.
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Courtroom Shocked After Judge Discovers What Rest Care Was Doing追加:
Are you here to practice court? Are you I I don't understand what this has to do with anything.
>> I'm asking the questions and I don't care whether you think you understand it or not. You've come up here with your sovereign citizen I'm not a sovereign citizen. I didn't not claim to be a sovereign citizen. I don't understand the charges. I don't stand under the charges. If that's what we're talking about, I want to just put my statement on record. What's your statement?
>> is that Why is that so hard to >> Because the first part of your statement based on the very first words that came out of your mouth is that you're not willing to subject yourself to the jurisdiction of the court.
>> The Indiana versus Michael Allegretti, 64 D01 2509 F210947.
Uh defendant is pro se. State is represented by Deputy Prosecutor Hammer.
We were set today for I believe it was a Feretta hearing.
It is Feretta.
Mr. Allegretti wants to represent himself. Sir, did you get a copy of our uh pro se representation form? Yes, I did, your honor. Did you have a chance to review that? Yes. Did you sign it and stuff? No, I did not. No, do you have it with you? No, I'm not going to sign it.
I'm uh here if I may if I may speak, your honor.
Um I'm appearing in persona.
Uh appearing persona, specially not generally. I do not submit to the jurisdiction of the court as a defendant. Okay, Mr. Allegretti, that's all you need to say. If you're not going to submit to the jurisdiction of the court, you cannot represent yourself pro se. I'll appoint the Porter County Public Defender Service to represent you. No, I cannot have a public defender. I'm [clears throat] sorry, sir. Uh what you're saying is that you will not subject yourself to the jurisdiction of the court. What that tells me is that you're not capable of representing yourself because when you represent yourself in this court, you become uh to the same level as an attorney.
Okay?
Because you are unwilling to rep uh to subject yourself to the jurisdiction of the court, you cannot hold that status. Do you understand, sir? No, I do not. Well, that's all you need to know. I'll appoint a Porter County public defender to represent you.
You're welcome to hire private >> not be accepting that, Your Honor. You are accepting it, sir.
You know what direct contempt of court is?
>> like to put my other stuff on the record, if you if you don't mind.
>> I will not allow you to put any garbage like what you're about to say on the record. Okay.
>> You have filed documents in front of this court. You have uh boogered up my uh court docket with your uh pro se filings over the last couple of weeks.
I've had to write orders that uh struck those from the record. None of that is of record because it was stricken.
And I have your mail here that you apparently don't even have the correct address for the court. What's your address, sir?
Do you know what direct contempt of court is, sir?
Yes.
Direct contempt of court is when you are in contempt of these proceedings.
And one way that you can be in contempt of court is if you refuse to answer questions and you delay the proceedings in front of this court. Yes.
>> And you're refusing to answer questions that are as simple as what is your address.
And we need to know the address for the official court record. Do you understand that, sir? Yes. What's your address?
7021 Indianapolis, Indiana.
What's the zip code? 4646260 Just so you're clear, do you know what the uh penalty is I can give you for direct contempt of court?
No. Up to 6 months in jail with no good time credit. Do you understand that?
Yes, Your Honor. Okay.
So you're clear, I struck your frivolous uh proceedings from the uh record a few uh days ago.
Officer Ball, can you give him this?
Sure.
In that, I wanted to make sure that you were explicitly warned that well, firstly, I'll consider this conduct during the Faretta hearing as evidence of an inability or unwillingness to abide by the rules of procedure, which may result in the denial of your request to represent yourself, which I have already done.
Okay? So, I denied your request to represent yourself. I've appointed counsel for you.
>> I do not understand those.
>> [snorts] >> What'd you say? I don't understand this proceeding and I don't understand the charges.
I'll get back to that in a minute. Okay.
Uh the second thing I notify you is that you may exercise that I may exercise my inherent authority to impose filing restrictions on you to prohibit you from filing any future pro se documents without prior judicial screening and approval. I've taken care of that because I've appointed counsel for you.
And you're not allowed to do what's called hybrid representation. You're not allowed to also file things at the same time your lawyer's filing things because they're responsible for anything that would come to this court. Do you understand? So, any motion that they would file >> What what Did you not understand the words I used or what they mean?
Everything. What's your level of education, sir?
Um I didn't I have some college.
Okay, so you graduated from high school?
No, I did not have a GED.
You have a GED? So, you graduated from high school?
You have a equivalency? Yes.
Of a high school graduation? Yes. Okay.
So, what I said was that you're not allowed to do hybrid representation. Do you know what hybrid means?
Nope.
Hybrid means that there are two ways.
Right? Hybrid would give the understanding that you're also representing yourself pro se at the same time you have a lawyer. I do not have a lawyer though.
I just appointed a lawyer for you.
>> Well, I don't want it. You have it because I denied your right to represent >> one and I don't want a court-appointed attorney that's represented under the bar association.
Sir, the first words you told me was that you don't plan to submit yourself to the jurisdiction of the court. As a result I wasn't able to finish. As a result >> I said as a defendant.
Well, sir, you have to submit yourself to jurisdiction of the court. That's the kind of nonsense that I think you're involved now with uh uh some program that you probably don't want to be if you want to try to uh represent yourself in front of this court. But in any case, the third thing I told you is I can impose further sanctions for contempt or abusive litigation practices upon you. You understand what that means? No, I do not.
>> I can hold you in contempt of court for delaying these proceedings and I can sanction you for abusive litigation.
All right? And the fact that you've now tried twice to file the documents that I've had to strike from the record tells me that you're willing to be an abusive litigator. Do you understand that? I do not. Okay. So, I have time that I work on cases. Everything's pretty streamlined for the most part.
People understand how the rules work. Uh when they represent themselves, they make themselves apprised of all those rules and they're held to the same standard that lawyers are held to.
Uh as a result, things run fairly smoothly and we have some thousands of cases that we handle each year because people follow the rules, they abide by our processes, we're able to get our work done in a relatively streamlined fashion.
What you're suggesting to me is that I shouldn't do that. What you're suggesting to me is that I should for your specific case only have some special rules and allow you to somehow opt out of your given name, opt out of the processes and procedures of this court, and allow you to proceed as your own sovereign or something of that nature. Is that correct?
Yes, your honor. Correct. Right. And we can't have that. You know why?
>> but if you just let me finish rules of court procedure. And you're not willing to follow the rules of court procedure. And if you want to abide by those procedures, you'll be fine. If you don't abide by those procedures, you'll be in contempt. You understand?
I still don't understand the proceedings and the proceedings and the charges of this matter.
Back on November 3rd, 2025. And at that hearing, I went through all the charges with you.
And I made sure at that hearing that you understood all three charges that were filed against you.
And you acknowledged each and every time I went through a charge that you understood both the charge that's alleged against you and the potential penalty for that charge. Do you not recall that hearing, sir?
>> I recall the hearing, but I still don't understand the charges of the nature or the proceeding.
Okay, sir.
I just want to put that on the record.
Well, we're going to sit here until you understand or until you at least acknowledge you understand. That's fine, Your Honor. I have the day off of work.
Say what?
>> I have the day off of work. I can stay.
Okay. So, count one says that you're charged with dealing cocaine. It alleges that on or about September 28th, 2025 here in Porter County, you did knowingly or intentionally possess with the intent to deliver or finance the delivery of cocaine or narcotic drug, and the amount was at least 10 g contrary to the former statute. Do you understand that?
Charges in count one. No, I do not. What do you not understand, sir? The words I used or what they mean?
What What is the definition of understand in the law?
Uh sir, you have to just acknowledge whether or not you understand. I don't understand though. Which part don't you not understand?
>> I don't understand all of it. Okay, well, let me go through it again.
Count one suggests that you dealt cocaine, a level two felony.
You understand what a date would be?
September 28th of 2025.
I still don't understand.
Uh sir, do you not understand what date would be? September 28th of 2025? I accept your date, but I don't understand the natures of these charges.
Okay, sir. Um you're about this close to being held in contempt of court. You understand that? I understand, Your Honor. And if you're held in contempt, I'm going to put you in jail, sir.
And I'm going to jail you until you talk.
>> me to understand the charges?
Well, I'm not forcing you to, sir. Am I just If you're just going to give me an account >> to go through the statutory and constitutional procedures required of me in this court.
And that's for me to make sure you have a knowing and voluntary uh well, not knowing and voluntary, but you have an understanding of the charges filed against you. It's part of your constitutional uh requirement. And if it is, I do have rights to it, right?
Well, I've gone through your rights with you. You understand you have certain rights in this case. Yeah, I do not do I >> advised you of your various rights in this matter. Am I allowed >> the right to hire an attorney to represent you. You understand that?
>> And I do want an attorney. Well, uh you understand that you have the right to one, or you wouldn't be able to suggest that you don't want one, correct?
I don't want one.
So, you understand you have the right to one, correct?
Correct.
Okay. And you understand that uh if you can't afford one, the court will appoint one for you, correct?
If that's what you say.
Oh, no, sir. You either understand or you don't. You understand?
I understand that you want to give me a court-appointed attorney.
No, no, no, no. I already appointed a court-appointed attorney for you because you can't get through the Faretta hearing.
You understand why you can't get through the Faretta hearing? No, I do I do not.
What were the first words out of your your when you read off your card earlier.
I said I'm an improper persona.
And then?
Specially and not generally, I do not submit to the court's jurisdiction of the court as a defendant. And that's all I need to hear, sir. That's all I need to hear. Because if you're not willing to submit yourself to the jurisdiction of the court, you cannot represent yourself in front of this proceeding. Do you understand that, sir?
You know what jurisdiction is?
Yes. Tell me about it.
You You think that you have jurisdiction over my body and I'm a living human being.
>> sir?
Are you here to practice court Are you I I don't understand what this has to do with anything. I'm asking the questions and I don't care whether you think you understand it or not. You've come up here with your sovereign citizen I'm not a sovereign citizen. I did not claim to be a sovereign citizen. Trying to bring you into >> I'm using the law in equity. You're using uh sort of pseudo-legal jargon into the court, arguing things that aren't even based on criminal law. I didn't even get to finish my statement.
That's the fact that you're not willing to subject yourself to the jurisdiction of the court. As a result, you can't have a lawyer. I'm sorry, you can't represent yourself. You have to have a lawyer, somebody who understands how the court proceedings work and is an officer of the court already.
You understand that?
No, I do not. Which part don't you understand, sir? Everything.
I can't even state my statement.
I wanted to just put my statement on record. What's your statement?
>> Why Why is that Why is that so hard to >> Because part of your statement This is a Faretta hearing. I'm here for Faretta hearing. I've already denied your Faretta rights based on the very first words that came out of your mouth, which was that you're not willing to subject yourself to the jurisdiction of the court. If you're not willing to subject yourself to the jurisdiction of the court, you're not capable of representing yourself and you must have counsel. I said as a defendant, Your Honor. Sir, I don't care how you try to qualify it.
All right, sir. Do you understand the allegations in count one?
No, I do not. Related to the uh possession of cocaine?
No, I do not. Okay.
I'm going to give you um another chance to explain to me what do you not understand?
I don't understand the charges. I don't stand under the charges if that's what we're talking about. I do not stand under these charges.
>> I'm willing to hold you in contempt and we can uh handle this again tomorrow, okay?
So, what I will do, Mr. Allegretti, is find that you've unduly delayed these proceedings.
All I want to do is tell Find you in direct contempt of court for your continual continuous delay of the proceedings. I'll sentence you to a day in the Porter County Jail for your contempt.
>> a job. Please take Mr. Allegretti into custody.
We'll try again tomorrow, sir.
We'll be adjourned in F210947 and I'll open a new case on the uh contempt proceeding as required by rule.
All right, sir.
Lawyers are trained to uh recognize objectionable and unfavorable evidence and promptly object to their use.
They're capable of presenting, as I mentioned, favorable sentencing information and attacking unfavorable sentencing information.
In a jury trial, a lawyer will give an opening statement and make a closing argument and they're capable of doing that very artfully. Have you ever had experience speaking in front of people?
I'm doing it right now.
Uh have you ever had experience speaking in front of a large group of people such as >> Okay, tell me about that. I can't remember.
Okay.
I don't know how to articulate it is what I actually remember.
Well, you would articulate it by telling me what experience you have.
>> I've been in front of people where I have spoke to a group of people before.
How many people do you think were in that group?
At least 25 plus. Okay. And how many uh Uh how often >> How How often have you had the opportunity to do that?
More than a handful of times.
How many is more than a handful? Six? I have no idea. I cannot give you a I'd be That'd be lying.
Okay. The other thing that a lawyer would do in a trial is help the court prepare jury instructions and select a jury.
You understand how to select a jury?
Yes.
What would you do in that circumstance?
I would uh cross-examine them.
You would.
Um lawyers have the training, knowledge, and skill at properly preserving the record of a case for appeal.
Have you ever been involved in an appeal?
No.
An attorney can also evaluate the strengths and weaknesses of the case against you and give you expert advice on whether you should attempt to seek a plea agreement, which might result in the dismissal of some of the charges or a recommendation of a favorable sentence in return for your plea of guilty.
This is an important part, and I would ask you to take note that you will uh if you decide to not have an attorney, you'll not receive any special treatment with your defense.
You'll have to follow all the same rules and procedures in your case as an attorney would have to.
The state will have a competent attorney, and they'll have that advantage that an attorney represents for them.
If you decide to represent yourself and the result turns out badly, you need to know that you will not be able to complain that you were ineffective as your own attorney in your defense.
As I told you, you have a right to decide against having an attorney, but you must be aware that deciding not to have an attorney can turn out to be a very bad decision.
Experienced lawyers almost would always decide to be represented by another lawyer in a criminal case.
There are some of the things that you should consider uh before you appear at trial without an attorney, and I want to go through a little bit more now. Uh tell me more about your skills and uh knowledge that you have that you believe would be helpful in representing yourself.
Where do you want me to begin? Ask me a question and I'll answer it. Uh I asked you a question, sir. What skills or knowledge do you have that would be helpful to you in this regard?
>> I'm able to learn quickly, and I can I know I can represent myself. What's your um college work and you mentioned you had some college work.
Personal training.
As a personal trainer.
Okay, like in a gym or something like that?
When you work in the gym, do you work with people, interact with people?
>> Yes. All the time. I did. Do you still have that job?
>> No. What other uh work have you done?
What other career have you had? I worked at a pharmaceutical company where I uh led teams.
I uh developed drugs and I uh I uh was promoted multiple times as team leader to a supervisor. To what degree did you uh lead people?
Uh we met we led multi-million dollar studies that had my name attached to those to where I had a lot of responsibility and I had to learn fast and move fast.
Have you ever studied criminal? Go ahead. Well, I never I never was in the pharmaceutical company, so I learned fast and I only had that job for 3 years, and I I was able to propel myself that quickly with the the little knowledge I had.
Have you ever studied criminal law? I'm studying it now.
Have you ever studied criminal law previous to now?
No.
Have you ever had previous experience in the criminal justice system?
Yes.
What's the experience you've had in the criminal justice system? When I was dealing with um previous cases in the early 2000s. Okay, tell me more about that.
I submitted to whatever the court told me to do.
What do you mean? What type of case were you involved with? Uh drug cases.
Okay. And is that a case or cases where you were charged with crimes? Yes. And are those cases where you came to court?
What's that word mean? Caped? Where they represented me? I said came. Oh, came.
Sorry.
Came to court? Did you have to come to court for those?
>> Yes, yes, I did. And did you have an attorney?
Yes, at that time. Okay. Uh did you go to trial?
No.
So, what was the result of the case?
>> We played I played guilty to the charges. Okay.
Uh is that the limit of your experience in a criminal case? Yes.
All right. You believe you're able to read a lot of information and digest a lot of information?
Yes. What about your writing ability?
Yes.
Tell me more about your ability to write.
I wrote up all those I I wrote up all those notices. You didn't read them.
You wrote uh some documents and filed those with the court on two separate occasions. Yes. I struck both of those filings from the record because >> Yes. That's That's the degree that I'm I'm on. Okay, so how did you compose those?
I I wrote them.
And what did you use as reference?
Equitable law.
Okay. You understand this is not a court of equity?
You're telling me that we don't that all courts not with equity? No court in Indiana is equitable?
This is not an equitable proceeding here. Absolutely not. This is a proceeding at law. Okay.
Well, I I represent myself under equitable law.
Well, we make a I think fine distinction in Indiana between what are equitable cases and what are cases at law. Uh and this one most assuredly is a case at law. You're entitled to a jury trial. You understand that in a equitable case you're not entitled to a jury trial?
You understand that? Yeah.
You do?
You're telling me now.
Okay.
>> Learning as I go. Okay.
Anyway, so you, along that same vein, had filed some documents with the court.
Uh in those documents you attempted to distinguish between your physical self and a capitalized corporate version of your name, not even your legal name. Uh do you understand that the court doesn't recognize that distinction? No, I do not. Okay. You understand that if you represent yourself, you'll be proceeding as the single legal entity named in the charging information, specifically Michael Corleone Allegretti.
That's not my name. You understand that the court won't entertain any arguments to the contrary?
If that's what you're telling me. Okay.
Is that a yes or no?
That I understand that?
No. What I asked was whether or not you are aware that the court will not entertain arguments to the contrary.
Your name is Michael Corleone Allegretti. That is your legal name.
That's not my legal name. I changed it.
Do you have documentation that you changed >> Yes, I do.
Please don't cut me off.
>> Where did you get that uh documentation?
In Michigan.
In the state of Michigan? Yes. Do you have a court order that changes your legal name?
>> Yes, I do. Where's that documentation?
Um in my files. I had it in my possession yesterday. Okay. Well, I in this order today will order you to provide the change of name I will order Watch this carefully because this is what experienced judges do. She's reconstructing the entire event out loud like a puzzle. Why? Because she's testing whether both sides agree on the core facts before sentencing. And honestly, this is the moment the defense probably realizes prison is still very much on the table. The judge sounds calm, but calm judges are usually the ones already making decisions in their head. From the state of Michigan to the court I have no problem >> within say 10 days I can do it today.
And then well, I'm going to give you 10 days. Okay. Thank you. And then if have you not changed your driver's license?
Not yet. I'm still in the process of doing everything. When did you have the hearing that resulted in the name change? Uh I I put it on my documents when I gave you the notice of intent.
I put it on my documents then. Do you still have the copies? How recently was it?
I don't remember the exact date. Did you have to go to court in Michigan for it?
Yes.
You don't remember when it was? I don't know the exact date, no.
Were these charges already >> you I gave you all the documents, sir.
Were these charges already filed at that time? Yes.
You also in those filings suggested you're making a special appearance or that you do not consent to this court's jurisdiction.
You understand that in a criminal proceeding, your personal consent to the court's jurisdiction is not legally required.
Say it again.
Do you understand that in a criminal proceeding in Indiana, your personal consent to the court's jurisdiction is not legally required?
>> No, I don't understand that. Okay.
Uh do you understand that the state of Indiana has jurisdiction over the charges filed against you, and this case will move forward regardless of whether you agree with that jurisdiction?
I don't understand that either.
Okay. You seem to be clever enough to understand these things. I asked you earlier whether or not you're suffering from a mental health condition. I predict that at a certain point, if you continue to suggest you don't understand simple terms, that your attorney will suggest to me that I need to have you evaluated for competency. Uh do you understand that that's a possibility here?
Nobody's speaking for me. He's not He's He's not my legal representation. Oh, he is.
Do you believe that you are incompetent and incapable of proceeding on uh because of a mental incapacity?
No.
Do you believe you understand the players in the courtroom?
What players? Do you believe you know what I do as the judge?
I believe you're an actor. Another thing that you put in the record, you attempted to apply concepts like suretyship, subrogation, demands for accounting, and different things like that in these criminal charges, and as recently as a few minutes ago insisted that you're dealing with an equitable case here.
Do you understand that the the Uniform Commercial Code, civil contract law, and commercial equity have absolutely no application in this criminal prosecution? I'm just here to settle the matter and put my stuff on record.
That you already struck. How come we're going over if you already struck it?
Surety is an important part of the Faretta determination. I can't allow you to represent yourself if you can't answer affirmatively to these questions.
And you've already not answered affirmatively to two out of the four that I have here that I want to make sure that we go through. Do you understand that?
No. Okay.
Well, what I said was, and I just want to make sure our record's clear, the UCC, civil contract law, commercial equity have no application in this criminal prosecution.
And you understand that the only rules that apply here are the Indiana rules of criminal procedure, the Indiana trial rules as they're brought into those uh criminal procedure rules, Indiana rules of evidence, and substantive criminal laws of the state along with various other administrative rules uh that we have to abide by, including our jury rules.
Do you understand those are the only rules that apply in this case?
I understand now.
You do understand. I understand what you just said. Okay.
And then I want to make sure you're clear the United States Supreme Court has made it clear that the right of self-person self-representation is not a license to abuse the dignity of the courtroom, nor is it a license to ignore the actual rules of procedure. Do you recognize that? Yes. You understand that if you are allowed to represent yourself, you'll be held, as I mentioned, to the exact same standards as a lawyer.
As a licensed attorney.
Am I ready to talk? I'm sorry. I'm just waiting on your response. Oh, yeah. Yes.
You understand that I will not permit you to waste the court's time or the jury's time by raising the theories that you've raised thus far, commercial law defenses, or challenging, say, the capitalization of your name, for example.
Do you want me to answer? It was a question.
You understand that?
Yeah.
And you understand that if you attempt to use your self-representation to file frivolous documents, disrupt proceedings, or refuse to follow rulings on issues, I'll find that you forfeited your right to represent yourself, and will appoint counsel to take over your defense. Are you going to give me examples of frivolous cuz I won't know until I file them. Well, the two attempts you've made to file documents previously were both deemed to be frivolous.
>> So, should I just bring them to you directly and then you'll let me know? I haven't made that ruling yet to require screening before filing, but it's on the horizon if you continue to file things that have nothing to do with the criminal case.
Okay.
So, because you answered no to the first couple questions, uh you really aren't capable of representing yourself.
Uh and I do think that my ruling yesterday was correct. It seems that you're unable or unwilling to abide abide by the rules of procedure and substantive law, and I don't think that you can make a valid waiver of counsel.
The court had spent some time yesterday afternoon reviewing a case, uh Hotep L v. State of Indiana, and I think that's an adequate Faretta inquiry.
Um again, I think I must deny your request to proceed pro se.
Uh the court does not Well, I just I'll phrase it the opposite way. The court specifically finds that the finance request is not a genuine attempt to present a legal defense, but a calculated strategy to obstruct and subvert these proceedings. Uh the finance using utilizing the rhetoric of what is commonly referred to as the sovereign citizen movement, including raising nonsensical challenges to subject matter jurisdiction, attempting to apply commercial law to a criminal prosecution.
Uh the right of self-representation is not a license to abuse the dignity of the courtroom, or nor relevant rules of procedure and substantive law.
Based upon the filings that were previously stricken and the statements in open court today, court finds that uh the defendant's unwilling to comply with the rules of procedure and intends to use self-representation solely for the deliberate disruption of the proceedings.
So, I will deny the request to proceed pro se. I will maintain the appointment of counsel Mr. Patton.
And I think that will do it. We need to get some hearings. We need to get a hearing on the uh calendar.
I want to object to your ruling on the record.
So noted. Do you want to add anything to your objection?
I can I I know I can represent myself.
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