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lwpat, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 25386
Experience:  Practicing criminal defense attorney
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If charged with a misdemeanor drug possession, can I challenge

Customer Question

If charged with a misdemeanor drug possession, can I challenge the jurisdiction of a California superior court based on the fact that they are practicing maritime admiralty law and that there is no international contract in dispute nor have I contracted with the superior courts via a plea. In other words can I get the case dismissed at arraignment based on that fact?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  lwpat replied 3 years ago.
Thanks for using JA. I will do my best to answer your questions.

This is going to be what is called a "bad news" answer. I will be happy to continue with the understanding that it does not constitute bad or poor service.

Where did you get your information?
Customer: replied 3 years ago.

the internet is blanketed with info such as this. some about jurisdiction, common law vs. admiralty law, declaration of sovereignty, natural person vs. corporate fiction. and all say lawyers will not help you with this.

Expert:  lwpat replied 3 years ago.
The reason they all say that attorneys will not help you with this is because it is all bunk. You cannot challenge the jurisdiction based on any of that. Admiralty law is simply the law governing maritime operations. Normally this would be in Federal court and not state court but it has nothing to do with the jurisdiction of the CA courts. Common law is simply what is called "case law" rather than "statutory law". Statutory law is made up of the statutes passed by the legislatures.

Don't believe everything that you read on the internet. Your best option is to work out a plea deal with the prosecutor or retain an attorney. I don't know the circumstances but often if you indicate that you are going to trial they will offer you a deferment where the charges are dropped after paying a fine, doing community service and some probation time.

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