Wednesday, February 11, 2009

How to Make a Difference in the Law

If you are reading this you are likely one of the millions of people who feel that the courts are out of control and the laws need to be changed. Many of you have joined discussion boards, various groups, argued in court to no avail or complained ad nauseum to anyone who will listen. Hell, you may have done all and still feel you are getting nowhere. Some have even gone so far as to file lawsuits, but what have those results been?

While I understand the frustration of what we have gone through, as I have gone through it all myself, no amount of ineffective advocacy is going to bring about the change we need. I am not saying that having discussion groups is not necessary or important. They do serve a vital niche in that an outlet is needed for the frustration and expression of ideas or thoughts. The same is said for just complaining and hopefully there is someone to listen to each of us who needs to vent.

However, there are two ways that I believe have the greatest impact in bringing about effective change. One is in lobbying for a change in statutory law and the other is to attack the implementation of the law in the courtroom. I want you to first watch the video at the bottom of this page.

Today the first effective way in making a difference in the law I want to discuss is litigation. Effective litigation that creates binding case law can have far reaching impact for many of us. One of the major problems we face is a near complete lack of effective litigating. Many of us have had to face our legal challenges on our own because of financial limitations but that should not be an excuse to not effectively advocate for ourselves. Ineffective litigating actually does us more harm.

So, studying the law is not optional and is not something to be undertaken after the need arises. There is no difference in I am sure you are aware that lawyers have little success advocating for us in the courtroom. There is one primary reason for that. It is not in their interest. No one has the passion for your case that you do and they make more money from operating within the system and perpetuating your misery. So, whether you have an attorney involved, you should be involved.


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You may not feel that you have what it takes to go into a courtroom and tell the prosecutor and judge what you are going to do and what they will not do. Think about the reason that attorney's become prosecutor's and judges. It is usually because they can't get work elsewhere. Understanding that these are the people who are at the bottom of the legal pool will help you in attacking them. Do not be intimidated. If you have an attorney do not let him or her be intimidated or passive about advocating for your rights. Just as it is important to watch over your doctor and challenge his or her recommendation that you have surgery to remove your head, you need to do the same thing if you have an attorney.

Now I want for you to read the argument I presented on that page where you watched Joe tell the prosecutor and judge how it was going to be.
After I was arrested and jailed for alleged non support of a dependent for not paying court ordered child support I interviewed three attorneys. They ranged from family law to criminal defense and all had the same opinion; if I hadn't paid the support then there is little I can do and nothing they can do to defend against it. I had to tell each that they were wrong which was based upon my simple reading of the law.

The problem with each of them was that they had been trained by and were entrenched in the system. They were so close to it and so brainwashed that they couldn't see the truth. What I showed to the prosecutor and judge is that they do not know the law and I do. I know that Indiana has no law making non payment of court ordered support a crime. The charge was dismissed although I fought for two years to get a trial. I even went so far as to file this Motion to Reinstate the charge so I could establish case law proving my argument.

I am currently pursuing a law degree as are some others in our group. This was not a coordinated effort and I have just been learning of this. The important point to be made here is not that we are seeking to become lawyers. Interestingly we all have the same agenda; to obtain law degrees and then teach others how to effectively advocate for themselves in court proceedings.


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So what I want to stress in this posting is that if you can possibly undertake pursuing a law degree then do it. Not only will you be able to better advocate for yourself but you will also be able to assist others facing the same challenges. There are many legitimate colleges offering on-line degrees. With a unified force I believe we can all bring about changes in the court system whether it be actually obtaining favorable rulings or just overloading the court with cases.

Next, I will give to you my opinions and sage advice about lobbying for change to the family law statutes.

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