In criminal court proceedings, defendants have the right to represent themselves, but courts maintain jurisdiction over cases based on established legal authority, and self-represented defendants must understand legal terminology and procedures to effectively participate in their defense.
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SOV CIT Gets Shut Down — Judge Simpson DEMANDS Answers After “No Jurisdiction” ClaimAdded:
versus Tariq Day, senior assistant prosecuting attorney for what's your name?
Tiar, the executive of the smart day living trust.
That's my estate.
>> Sir, you indicated that you wish to represent yourself on this matter?
>> Yes.
>> All right. You understand at your arraignment you were given the charges that were filed have been filed against you?
>> I was given a charge. So if there were any additional I was not uh given those charges. was the only charge I got was a a fleeing a Louis flee.
>> Third degree. Correct. And if anything else was uh tallied onto that and I was not told one charge.
>> Okay.
That is a felony punishable to 5 years incarceration, $1,000 fine plus court cost. The Secretary of State would be required upon your conviction to suspend your license for a period of one year.
You understand that? Sir, I do not have some questions.
Well, as soon as I get through this, you have indicated that you wish to represent yourself.
I have to advise you that there are some dangers in you representing yourself.
You understand that, sir?
>> I do not.
>> And you understand that if you proceed to represent yourself, that the court is not going to assist you to understand the procedures or anything regarding the court proceeding that you will be responsible for that. And I will be holding you to the same standard that I would be holding the attorneys in the room in terms of either ruling ruling on evidence or anything along those lines in regard to the procedure and the process. You understand that? Come right back on.
You also I will ask you again, do you still continue to wish to represent yourself in this matter?
>> Yes, I will be defending myself.
You understand also sir? that should you change your mind and could not afford to hire an attorney and must be represented by an attorney to consider making sure that you are a boarding house understand how do you wish to proceed on this matter? Uh first I want to u uh make a oral motion for dismissal based on the fact of the lack of probable cause and also the the lack of personal and subject matter jurisdiction based on the fact that this is a trust matter um from the name to the private conveyance that was um stolen by the third party Wall Street towing um and impounded on the the colorful um the colorful law actions of uh officer for Trobridge of the Washington County Sheriff's Department.
Um, also I have not been able to uh um as of constitution amendment six uh being able to face my accuser. Um with the state of Michigan being a fictitious entity and there's no uh injured party, there's no crime that had been committed. Um and again to the probable cause of the initial stop in the arrest um cannot be proven. There was no probable cause for the arrest stop. There was no warrant u on hand for the res officer to conduct an arrest and um even more so again uh as I stated this is trust property. So this court doesn't have jurisdiction to adjudicate over uh the foreign trust.
Uh oh no actually I was also moving to place you and the clerk as fidiciaries over the trust. Um and I'll be able to supply you all with the adequate insurance uh certificate of security to settle in charges.
>> Buckle up guys. Today we're going to watch a defendant walk into a Michigan courtroom convinced he has outsmarted the system. Tar Dera wants to represent himself. The judge warns him clearly no help, no special treatment, same standards as any attorney. Darra says he understands and he drops a bombshell and oral motion to dismiss for lack of probable cause and jurisdiction. His reasoning the state is a fictitious entity. The property belongs to a trust and there's no injured party. The judge listens then asks how he wants to proceed. Dera has no idea what he just stepped into.
>> He would be doing nothing to me and nothing to my clerk. So, whatever that motion was, that's denied. As to your other motion regarding all of that. Um, quite frankly, it doesn't make any sense. We haven't even had the probable cause hearing. It will be a determination at the next stage as to whether or not there's probable cause regarding the charges. I was told this was a probable cause hearing.
>> This is a probable cause hearing.
>> So I don't understand what you're saying.
>> I know you don't understand that they're not having a probable cause.
>> Pardon?
>> You said that no probable cause was had.
But then you said that this is a probable cause hearing.
You have not had your preliminary examination at which there will be a determination as to whether or not there's probable cause to believe that the crime has been committed and you committed it. That is the next stage.
that has not happened. So to the extent that your motion is even valid, which I do not believe that it is, and certainly you may raise it at a later date, but to the extent that it's valid, at least at this point, your motion is premature and therefore your motion is denied.
Anything else?
Uh well lastly I want to also put on the record um I wouldn't able to uh provide um all my exhibits based on as I told you I was you were able to do what?
>> Provide my exhibits to who?
To the to the court for to help um for my defense the evidences.
>> You haven't had a hearing yet? I I comprehend it. I'm just saying that I usually have my documents proceed me before any hearings take place and I wasn't able to because I was under the weather. That was my point. So, they will be here uh if not by the end of the day in the drop off box. You'll have them all tomorrow. But, um you all will be served with the proper documents and the taxes uh as well will be filed uh on the case.
Anything else?
Oh, no. Not this time.
>> All right. So, how would you like to proceed next on this? Uh, I'm entering a plea of deir. Um, okay. You've already done that.
I've already entered a plea of de mirror.
>> I'm not sure when that took place other than right now.
>> That took place on the arraignment on the complaint, sir.
I never pleaded the mirror. Uh, >> you stood mute. You stood your mirror.
You don't even know what that means.
You're just using words and have no concept as to what they mean. The mirror and mirror are two separate things, but nothing here.
>> No, they're not. You have no legal degree. They are not. They are not. They are not the virtually the same at the same.
So, where do you wish to proceed now?
As I stated, uh, my mot for preliminary examination. Your motions have been denied.
>> I wish for the prosecution to provide the evidence that any of this >> you don't have discovery on this case.
Is that what you're asking?
>> I'm not asking for discovery whatsoever.
So, what are you asking for? I stated that the prosecution needs to prove that a crime was committed and under um they also need to show and prove that there was injured party for the crime to have even been committed.
>> Is it indicated you will have a hearing?
>> Do you wish to have discovered?
>> Discovery should be provided regardless.
It's no wish about it. Wish to have discovery provided.
>> Don't play word games with me.
>> I'm not playing, >> Mr. Al.
>> Discovery. Do not play word games with me. You're playing with the wrong judge.
You can smile and smirk all you want.
I'm not I'm giving you your warning.
I will ask you again.
Do you wish to have discovery provided to you?
>> Yes.
Do we have copies of discovery available that can be provided to this defendant?
I know that the PD was representing this individual. I don't have copies right now. Got I got you. Okay. Sir, are there copies of the police report as well as other discovery that's in the hands of the public defenders?
You see drag sauce.
All right.
Sorry. Those need to be gotten to the defendant.
How soon can those be gotten into the defendant?
I can get those in.
You have an address for him to send those to him.
>> I can confirm that too.
>> All right.
What is What do you have is the address?
You have a um an address on it.
>> Okay.
Gotcha.
All right. You'll make sure that that is sent in. All right.
You also have an email address so that all things can be emailed to him also.
>> Very good.
>> Sir, did you wish to then have another PCC or did you wish to proceed immediately to preliminary examination? Uh, >> I would like to first have a jurisdiction hearing.
>> What kind of jurisdiction here?
>> Personal and subject matter.
Okay, go ahead and raise it cuz I can deal with it right now. What's the personal jurisdiction? Uh, the courtroom shift from patient to tense dera claims the court lacks jurisdiction over a foreign trust and tries to make the judge and clerk fiduciaries of that trust. A judge shuts him down cold. He will be doing nothing to me and nothing to my clerk.
That motion is denied. Darra insists this is a probable cause here and the judge corrects him. It's not. Then Darra says he's entering a plea of dem. The judge fires back. You stood mute at arraignment. You don't even know what these words mean. You're using legal jargon with zero understanding. Darra keeps arguing. The judge stops explaining and start shutting him down.
This court as long as well as the state marks personal jurisdiction. I'm simply here under spread coercion of you saying that you help put out a bench work for my arrest. uh the subject matter with regards to the name as well as the vessel uh that was used is uh again under um it was conveyed and is uh held and protected within the trust. Um and according to article 1 section 10 clause 2 of the United States Constitution um there can be no legislative laws that uh um could intercede or to interrupt uh the functioning of a contract u which the trust is and is uh properly um uh and the trust is properly functioning at this time. So um with that all right so here's what we'll do because you're rambling again. So, what we will do is you will put all of your jurisdictional arguments in writing because you're wrong. So, we might as well get it in writing that you're wrong because I have subject matter jurisdiction over you and I have personal jurisdiction over you under the Constitution of the United States and the Constitution of the State of Michigan.
So if you want to put your objections to jurisdiction in writing, you may do so and then I will address those in due course.
Awesome. So that would be the next step and I can get those in today. No, it is not the next step. Either you're going to have another PCC. If you want me to set it for a hearing, I'll set it for a hearing.
>> Yeah. For the jurisdiction.
>> I have nothing to set a hearing on. You have not filed anything regarding jurisdiction. Okay. So for right now as of this moment PCC is fine and then I'll file the proper documents for the jurisdictional here. Gotcha.
Problem the problem cause conference in this case April 25th 2024 at 300 p.m.
Is it possible to get another person?
>> Now the gloves are off. Dare refuses to ask for discovery then demands a prosecution prove a crime happen to judge snaps. Don't play word games with me. You're play with the wrong judge.
Darus smirks. The judge warns him again.
Discovery is ordered then dare demands a jurisdictional hearing. The judge's response is brutal. Put your arguments in writing because you are wrong. I have subject matter and personal jurisdiction over you. Under the US and Michigan constitutions dera objects under threat and coercion. The judge notes at ki a new date is said dera asked for extension. The judge says no final gavvel. He lost before he even began.
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