In criminal court proceedings, a defendant must knowingly, voluntarily, and intelligently waive their right to counsel before proceeding pro se; the court must ensure the defendant understands the consequences of self-representation, including being held to the same legal standard as licensed attorneys, and that no coercion or pressure is being applied to the decision.
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Sovereign Citizen Says “That’s NOT My Name” — Judge LOSES IT!Added:
I don't understand.
>> All right. When you go home tonight, where are you going to sleep?
>> Are you going to sleep at this address one in Gal, Michigan?
>> That's where I reside, but that's not where this all this all this this corporation of my my all cap's name is.
>> Okay. So, we've got that that that's where you live. Um, so to speak. Um then I also need to make sure that you understand your constitutional rights.
Do you know what your constitutional rights are as a defendant in this court?
>> That is 25T435.
Mr. Smith appears before the court prosay meaning without an attorney. The last time that we were present, Mr. Smith had sought to relieve courtappointed counsel of her services and did not request new courtappointed counsel, thereby electing to proceed proay. Uh Mr. Mr. Smith, how would you like to proceed in your case?
>> Um, I filed a motion uh just this morning. I'm not sure if you >> It hasn't uh been filed with the court yet, meaning they haven't uploaded it yet.
>> Yeah, I hand delivered it uh just this morning.
>> All right. So, we're looking to schedule a motions hearing.
>> Yes.
>> From what type of motion to put the people on notice?
>> Uh dismissal.
>> On what grounds?
>> Um violation of constitutional rights.
>> All right. So, a constitutionalbased motion. Are you alleging a violation of a particular section? Are you alleging that the statute itself is unconstitutional?
>> Um, it's predominantly the um the fifth amendment, 14th amendment. Um, in regards to legal counsel and due process.
>> In regards to legal counsel, you fired your attorney at your last appearance.
>> You haven't sought appointment of a new attorney. Um, >> in what way have your rights been violated there?
>> Well, on September 30th when um I was summoned to court on the court's docket to courtroom 103, um I I went over the building and was unable unable to find it until I finally intrigued with the guards who pointed me in the direction of the clerk's office.
um with that being on the docket as a courtroom um and the possible consequences of failure to appear that comes with more fees, fines, and possible jail time. Um I'm not sure why that's in the the clerk's office where um I was isolated behind closed doors without that legal counsel >> which was before.
>> Mhm.
So in that instance, you're referring to a different case, not this case, 25R 549. So nothing in relation to that case is going to be referenced in this case.
To the extent that you're alleging uh other violations though, we'll set your motion for a hearing. Keep in mind that motions deemed to be groundless, frivolous, vexacious, or otherwise contrary to law will not be heard. Um, but I don't have a copy of the motion at this point, so I can't make that determination. We'll set it for a hearing on motions to the extent that any of it relates to this case, not some other case.
>> Um, >> and let's get a date.
>> Your honor, I I do have paperwork that does say that that is for the 2025R 000549.
>> Right. That's a separate case. This is 25T435.
>> Okay. Infraction cases operate under a separate set of rules and those do get heard for first appearance at the court clerk's office. The case that you're before the court on in this courtroom right now is that 25t 435. So the charges that you have in this particular case are higher level allegations than what you would have been initially for a first appearance authorized to appear in room 103 for 103 for the basis of not with the number for um so again we won't be hearing any uh contentions in relation to anything about the infraction case. I'll let you know as well that people are not entitled to have courtapp appointed counsel in infraction cases. But again, that's separate and apart from um you're entitled to have hired attorneys, but the legislature does not authorize public defender or court appointed counsel or similar to appear on those.
And in addition, the district attorney's office doesn't appear on those cases either. Um all right, for a hearing on motions in this case, I can set a motion this hearing on April 1st at 1:30. Can the parties accept that? That was April 1st.
>> April 1st.
>> Yes, ma'am.
>> 1:30.
>> Yes, ma'am. That is fine. At 1:30.
>> Correct. As it relates to this case, Mr. Smith, again, 25T435.
We had some of this conversation last week. I just want to make sure to clarify on the record when the people are present that you are electing to proceed to a motions hearing and moving forward in this case by representing yourself. Is that correct? Um, I'm still in the midst of studying and trying to understand my own rights. So, it it's it's a challenge. It definitely is. Um, I'm not going to lie about that. Um, so the representing myself is is still I'm pending it in my in my stance of everything.
>> All right, guys. Today we are jumping straight into a courtroom hearing where the judge is already dealing with a defendant representing himself after getting rid of his own public defender.
What starts as a simple motions hearing immediately turns tense once the defendant begins arguing constitutional violations, confusion about courtroom locations, and claims about due process being ignored. The judge keeps trying to separate facts from emotion, but every answer pulls the conversation deeper into legal chaos and confusion.
>> Just because I I I'm in a financial hardship, so finding a free attorney to to take the place of a public defender is it's almost impossible. Mr. Smith, I want to reiterate that the last time that we were here, you elected to essentially fire courtappointed counsel and proceed by representing yourself. Is that correct?
>> That was because I was under the impression that she was unable to defend me.
>> Unable to ethically file the motion that you sought her to file. Is that correct?
>> Um, >> according to her.
>> According to her, yeah, I'm sure.
>> And you did not seek alternative defense council to be appointed to you. You elected to proceed without the benefit of an attorney at that time. That doesn't mean that you wave your right forever if you can find an attorney, but you were not requesting alternative defense council to be rep to appointed be to be appointed to represent you.
Correct?
>> No, your honor, not from the courts.
>> And is anybody forcing you to decide to at this point represent yourself?
>> Um, I I feel more pressured into it.
Yes, your honor.
>> In what way?
>> Because I don't have the defense of a public defender.
>> You had one. You fired her. So, in what way are you being forced to do this?
>> I didn't necessarily fire her, your honor. Um, when she refused to even hear me out when I mentioned a few words that that's not in my in my understanding, it's not firing her.
>> We had the hearing on the last court appearance, Mr. Smith. Do you recall that hearing on the 9th of January?
>> Yes, your honor.
>> At that time, you no longer wish to have the services of the public defender. Is that correct?
>> Yes, your honor. And you did not seek appointment of alternative defense council. Is that correct?
>> No. From the courts, your honor.
>> So, so that's correct. Yes.
>> Yes, your honor.
>> And did anybody force you to do that?
>> Um, no, your honor. I still feel pressured into it, though.
>> In what way do you feel pressured?
>> Um, your honor. Um, it I was under the understanding that I have the right to an attorney and if I cannot afford one, then one would be provided for me.
>> One was one was provided for you.
Correct.
>> Provided for me in the in the stance that she would not defend me.
>> And you did not request alternative defense council to be appointed to represent you. Correct.
>> Not from the courts. No.
>> So nobody forced you to make that decision. Is that correct?
>> Yes, your honor.
>> Was that your own choice?
>> Um under coercion. Yes, your honor.
>> Who coerced you?
>> The uh the pressure from representing myself in this.
Um, I was under the impression that that that's what you guys were telling me was since the public defender would not defend me, my only option was to seek my attorney on my own cost and and time and effort or represent myself.
>> Did you ask for courtappointed counsel, alternative defense counsel?
>> No, your honor.
>> Are you asking for that now?
>> No, your honor.
>> Is anybody forcing you to make that decision?
>> No, your honor.
>> Is it your own voluntary choice?
>> Yes, your honor. Are you under the influence of any drugs, alcohol, intoxicants, or prescriptions that affect that decision?
>> No, your honor.
>> Do you understand that you're going to be held to the same legal standard as a licensed attorney?
>> I'm I'm still under study and and research and education of myself.
>> Do you understand that you're going to be held to the same standard as a licensed attorney?
>> To an extent, yes.
>> I'm telling you, you're going to be held to the same standard as a licensed attorney. Do you understand that? Yes, your do I need >> I'm not asking if you understand all of the things that licensed attorneys have had to go through in order to be licensed. I'm asking you whether or not you understand that the standard that you will be held to is that of an attorney.
>> I understand that part, your honor. I just don't understand the standards that they are functioning and operating by.
>> And nonetheless, you're not asking for alternative defense counsel to represent you. Is that correct?
>> Not from the courts, your honor. I I don't I have trust issues now.
>> All right. So, you are not seeking to have an attorney represent you, someone who has been trained in this field and is um licensed to practice law in the state of Colorado.
>> On my on my own accord and effort and time, I am seeking. So, >> and you you retain that right always, but you're not asking the court to appoint someone else >> for you. Is that correct?
>> Yes, your honor. And do you understand that the top charge against you is failure to display proof of insurance, which is a uh class one traffic offense?
You could be um sentenced to up to one year in the county jail if convicted, or you could receive a fine of up to $1,000 or both, and that one is a four-point offense. Do you understand that?
>> Yes, your honor.
>> And nonetheless, you're seeking to move forward, at least at this point, without an attorney to represent you >> at this point? Yes, your honor. I'm still seeking on my own accord. But you have filed a motion and you're asking the court to set a motions hearing and you don't have an attorney. So I want to make sure that you are validly waving your right to counsel before I set this hearing.
>> I'm under the impression that that you you're telling me that I still have the right to seek an attorney on my own.
>> You do, but by by filing this motion and asking for the hearing to be set when you don't have an attorney. Uh then we need to talk about the waiver. It's not binding. You can change your mind. You can hire an attorney. However, at this point, asking to move forward without the benefit of an attorney and asking me to set court time aside for a motions hearing does require a waiver of counsel if that is how you want to proceed.
>> I was not under that understanding at all. No one's here to advocate me as far as legal representation to >> So, what would you like to do, Mr. Smith?
>> I'd like to move forward with the motion.
>> You want to move forward with the motion?
>> Yes, your honor.
>> Despite not having counsel?
>> Yes, your honor. And again, just to confirm, is anybody forcing you to do that?
>> No, your honor.
>> And you understand the rights that you have. You were appointed an attorney.
You relieved that attorney of her services. And you did not request new courtappointed counsel. Correct.
>> To an extent. Yes.
>> To what extent? It's a yes.
>> To my understanding that the public defender denied me. I didn't deny her.
>> She is no longer representing you. And you have not requested new >> I do understand. Correct.
>> I do understand that, but I I was not the one to initiate the denial. And you did not request new counsel, which I could have. Correct.
>> I'm seeking on my own accord, your honor.
>> All right. I do find a knowing, voluntary, and intelligent waiver of counsel. Certainly, Mr. Smith understands the rights that he has to be represented by an attorney. He was appointed an attorney. Uh he did not ask for a new attorney when the uh services of the public defender were terminated.
You retain the right to hire an attorney at your own expense and on your own behalf if you wish, or seek alternative defense counsel. You are not doing so.
So, at this point, I do find that no involuntary and intelligent waiver of counsel. We'll schedule a motions hearing on your motion.
>> This section becomes a non-stop battle over self-representation and responsibility. The judge repeatedly asks the defendant if anyone forced him to fire his attorney, but his answers constantly shift between no and claims of feeling pressured or coerced. You can hear the judge slowly cornering him with direct yes or no questions while carefully explaining the dangers of fighting a criminal case alone. Even after hearing about possible jail time and legal consequences, he still insists on moving forward without counsel.
>> 26250.
It is separate initial hearing. This is a recall, your honor.
>> Sorry about that.
>> I know my rights. I don't need them.
>> Thank you.
>> Right. Matlin, you are here today for an initial hearing. Uh tender to the court is has been filed. Notice living man declaration of status. Those are signed um by you and have been entered. There's also an affidavit of truth that is unsigned. Uh and so anyway, we're here for an initial hearing and to make sure that you understand your charges. Um what is your date of birth?
I do not understand. I am here on a special appearance of O Thomas Mland in all caps letters on special appearance of the case number of 46 DOD D04602- CM-0250.
>> Correct. But I need to tell you what you're charged with um in this case. So, first of all, uh how old are you?
>> I'm 29.
>> All right. What's your birthday?
Um, you guys should already know that, correct? Or no?
>> No, I don't.
>> I don't know what you're >> I don't understand. I don't understand.
>> I just need you to tell me problem. If we don't know who you are, there'll be a warrant issued for your arrest. So, we're trying to get past that level.
>> Okay.
>> Okay. So, state I'll >> then you didn't get these papers. I'm going to give them to you.
>> Okay. So, let's back up. My job is to make sure you understand what you're charged with. I have what you filed and that's made a matter of record. What is your date of birth? Well, you know what?
Let me see here. I'm >> Ah, okay. Hold on. I I do have it. Um, is your birth date 196 and you're 29 years old?
>> Is that correct?
>> That is my living man. Yes, that's when I was born. But not not this um all caps name that's on the docket that you sent me papers for. Okay. Yeah. So, your your correct name is I had that right here, too.
>> Um, >> well, you've signed it. Bo Matlin, what you entered into the court?
>> Yeah, but not in all caps.
>> Okay. All right. That's noted for the record. We have an address of one, Michigan. And is that where you live?
>> I do not.
>> Okay. Where do you live? That's that's me, my person, not not this uh all caps name.
>> Okay, understand that we made a record of that. So, that's not a problem.
>> Okay, >> but what I need to know is if that's where you live in Glean 110 Eastern.
>> No, >> that's not where you live.
>> That's where the physical man lives, not the all cap's name.
>> Okay. The all cap's name of taken care of. Okay.
>> Right. I understand your concern with that taken care of. that's, you know, that's noted for the record that that's not the way your name is. But what I need to know is what your address um so that you can be properly notified of things that going on in this court. So, what is your address? Is that where um >> your honor, the the your honor and the prosecutor have taken an oath of office, correct?
>> Okay. This is not your time to ask. Sir, okay. So, we have to make sure that we file that we go through the right procedure. You filed all that. So I I understand where you're coming from, so to speak, but what I need to do, I have a job and I would be not upholding my job and what I am so to do uh if I did not inform you of these things. So I need to know if you if you sleep live at one Michigan >> that >> the living the living man does not >> Okay. The living man lives there.
Correct.
>> Not all that's just two different >> No, the living man lives there in Galen.
Correct. At that address.
>> I don't understand. All >> right. When you go home tonight, where are you going to sleep?
>> Are you going to sleep at this address one in Galen, Michigan?
>> That's where I reside, but that's not where this all this all this this corporation of my my all cap's name is.
>> Okay. So, we've got that that that's where you live um so to speak. Um then I also need to make sure that you understand your constitutional rights.
Do you know what your constitutional rights are as a defendant in this court?
>> Yeah, >> everybody had everyone the constitution gives you certain rights that have to be followed um as a defendant here. So do you know what your constitutional rights are?
>> Now the second courtroom hearing begins and within seconds the entire atmosphere changes. The defendant enters claiming he knows his rights and immediately starts arguing that the all caps version of his name is not actually him. The judge tries to confirm basic details like his birth date and address, but every simple question turns into a strange debate about living men, corporations, and identity. The calm way the judge handles the growing confusion honestly makes the exchange even more entertaining to watch. Yeah, I state on record my constitutional law section 39 329 is Chicago motor coach versus Chicago Lagar Chicago versus versus Chicago Lagar versus Chicago 2934.
Okay, that obviously is not a case that um would be applicable here because this is Indiana, but I need to make sure that you understand that you have the right to assistance of a lawyer if you want one. Um if you intend to hire one, you have to do within 10 days. And if any deadlines are missed or legal issues or defenses um that could have been raised, what could be waved or given up? If if you're unable to afford a lawyer, the court will appoint one for you. You have the right to a speedy and public trial to the judge or jury. And if you want a jury trial, there has to be a written demand with the court 10 or more days before the trial date. You have the right to require the state to prove the elements of the charge against you beyond a reasonable doubt at a trial in order to obtain a conviction against you. Throughout these proceedings, you are presumed to be innocent. You have the right to hear and cross-examine all witnesses appearing against you. You have the right to require witnesses to be present at any hearing or trial, to testify in your behalf, and the court would assist you in that right by issuing subpoenas. You have the right to remain silent. You cannot be compelled to make any statement or testify against yourself at any hearing or trial.
Anything you do say could be used against you. You have the right to be tried in the county in which this offense would allegedly occur. You have the right to appeal to a higher court if convicted. You have the right to demand the nature and cause of accusation against you and to have a copy of the information. If you plead guilty, you would give up those rights. Now, I'm not going to ask you if you agree with those things. I'm going to ask you if you understand what it is that I just read.
>> I do not understand.
>> Okay. What don't you understand?
>> That was wrong.
>> Well, I mean, I just stated where I stand.
>> Understand? Understand?
>> Okay. Those are your rights under the Constitution of the United States of America as well as the Constitution of the State of Indiana. I am not going to ask you if you agree to them. I'm not going to ask you if you think they apply to you. I just want to make sure you understand those are your rights if you choose to accept them or not. Those are your rights in this country and this state. Do you understand that?
>> I do not understand.
>> We'll make for the record that you don't understand that. also that those rights have been read out in court and so that you have been um apprised of them.
Um so state could you tell the defendant what he's charged with and what the possible penalties are? Your honor, he is charged by way of information that alleges that on January 31, 2026 in Leaport County, state of Indiana, the defendant unlawfully, knowingly, or intentionally operated a motor vehicle upon a highway, a Ford Ranger with Michigan license plates Diaz and David P. and Peter Tu and Tom 90082 having never received a valid operator's license and not being exempt from those requirements under section 9-1-4-27.
That is a class C misdemeanor. A class C misdemeanor is 60 days in the Leaport County Jail and a $500 fine.
>> All right. So, Mr. Mland, again, I'm not going to ask you if you agree with that or if you think you're subject to that law, which of course we've established that you are. Um, but you understand what the state is saying that you uh that you did. That's against the law. Do you understand what that what that is that they're saying? Um, that you hadn't ever received a license.
>> I mean, he stated he stated a statute.
That's not law. That's not that's not constitutional law. You just asked me if I understand my con uh my constitutional law and I do understand my constitutional law and what he stated is a statute that doesn't apply.
>> So let me stop you there. So the statutes are pursuant to the constitution. We can have no statute that violates the constitution of the United States or the state of Indiana.
So you can make your arguments on the law. All I need to know is if you understand what the prosecutor said.
>> I do not. I mean I do not understand.
>> Okay. Okay. So, what the prosecutor did, the prosecutor read to you what they have charged you with, the state of Indiana, what they charged you with and what the penalty could be for you.
>> That's right.
>> So, we're going to make a record that that was read clearly out to you and as this the charge and the possible penalties so that that has been done on the um record. I'm going to enter a preliminary plea of not guilty for you.
And are you going to hire a lawyer, represent yourself, or ask for the public defender?
>> I'm going to represent myself.
>> Okay. All right. We'll make a record of that. I do need to tell you, however, uh you have the constitutional rights to represent yourself in this court.
However, you will be um going against the state and they are tried, they are attorneys, who are licensed, who are very experienced, who understand the law backwards and forwards. I just need to make sure that you've heard me say that and that you understand that. But it is your right to represent yourself. So we'll make a record of that and we're gonna try to reset your case too as well.
>> A record to show that I don't understand the statues that the state is putting upon me and I don't understand where the constitutional law is coming from because I'm stating the constitutional law and you and you and you swore under an oath of office and so did the prosecutor. So if you guys don't want to upstand the oath of office, then then we'll have to proceed from there.
>> All right. Understood. Your next court date.
>> I just gave a long form vote to self-represent just so you >> Okay. All right. So we got a form there so you know what you need to do as a as a self to represent yourself. And our next court date is >> March 25th at 12:45.
>> March 25th at 12:45.
>> This final part is where the courtroom tension reaches its peak. The judge carefully explains constitutional rights and the criminal charges, but the defendant repeatedly insists he does not understand and argues that statutes are not real constitutional law. Even after the possible penalties and jail time are explained clearly, he still chooses to represent himself against trained prosecutors in court. The entire hearing feels like two completely different realities colliding in the same room. If you enjoyed this courtroom breakdown, make sure to like the video, subscribe to the channel, and we'll see you in the next
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