Instructions for Filing and Serving Demand for Bill of Particulars        

 

Make an original of the Demand for Bill of Particulars and the Affidavit which supports the Demand for Bill of Particulars following the examples. Fill in the specifics related to your instance. Execute the Demand for Bill of Particulars. Execute the Affidavit in support before witnesses and have the witnesses sign the witness line and print their name and address under the witness line. File a COPY of each document in the Court you are appearing in, in the file under which the accusatory instrument (Tickets, Citations. Complaints or Indictment) is pending against you. Get three certified copies of each document from the clerk

 

Have a disinterested party, serve the prosecuting Attorney's office with the ORIGINAL of the Demand for Bill of Particulars and Affidavit in support, and serve another certified copy of each upon the Prosecuting Attorney handling the case. The parties should each be served with a copy by hand service. Hand service is accomplished by presenting the document to the person to whom it is directed at their office, or by serving it on the person in charge of that office. If you serve it on the person in charge of the office, ask if they are can receive service of documents in behalf of the person to whom the documents are directed. If no one will admit that they can receive the documents, leave them with the person in charge of the office. ONCE YOU HAVE HANDED THE DOCUMENTS TO THE PERSON, DON'T TAKE THEM BACK UNDER ANY CIRCUMSTANCES. If you served them on a person to whom the documents are directed follow up the hand service by mailing a copy of the documents to the person(s) to whom it is directed by either first class or certified mail.

AFFIDAVIT OF SERVICE

 

Make up an affidavit of service stating the documents served and the circumstances or method of service. (i.e. who, when, See enclosed sample for help or call us for more where, how] See the sample at the end for help or reference the http://www.brothersformercy.net/ website and the silver bullet cannabis at http://groups.google.com/group/silverbulletcannabis. Have your server execute the Affidavit of Service in the same manner in which you executed the Affidavit supporting the Demand for Bill of Particulars. File the original affidavit of service in the same file where you filed a copy of your Demand for Bill of Particulars and Affidavit in support. Get a certified copy from the clerk for your records.

 

ARGUMENT ARGUMENT

 

You are demanding that the prosecuting Attorney make a more definite and certain statement of what you are being charged with in the accusatory instrument. That is to say, you are demanding the prosecuting Attorney answer to the specifics of the Demand for Bill of Particulars to clarify the meaning of the accusatory instrument to provide you with sufficient information to answer the accusatory instrument or to challenge its sufficiency as an accusatory instrument. The principle point is, it is impossible for you to answer or meaningfully defend against an accusatory instrument you cannot understand because of its vague terms and it is the prosecuting Attorney's responsibility to provide you with sufficient information to be able to understand the nature as well as the cause of the accusation. An accusatory instrument that does not sufficiently apprise the defendant of the charges raised against him is void for vagueness and does not require an answer (plea) from the defendant. A defendant cannot admit or in any way defend himself, other than by demanding an answer to your Demand for Bill of Particulars. If you enter a not guilty, guilty, or nolo contendre you will verify the sufficiency of the accusatory instrument and you have implied you understand the nature and cause of the accusation (accusatory instrument) sufficiently to make an answer to it. If you enter a plea, YOU LOSE!!!

 

If the plea has been entered before this information came to you, the plea must be withdrawn by affidavit on grounds the plea was entered mistakenly because you didn't really understand the nature and cause of the accusation you were pleading to when the plea was entered. If the court entered a plea in behalf of the defendant, the court's entry of plea must be denied on the same grounds, as an unjustified entry.

 

EXPLANATION

 

What you are demanding is to know what facts the prosecuting Attorney will depend upon to prove you are a "person'' that can be prosecuted under the statute and a disclosure of the venue in which the statute lies and the jurisdiction under which violations of the statute will be tried. A man or woman proclaiming the genuine truths of the Word in the Second Coming under the ORDER FOR THE HONORABLE CATECHUMEN are under holy orders. Without knowing the facts that bring you within the prohibitions of the statute, or the facts which bring you within its venue, or the type of jurisdiction invoked by the accusatory instrument under the statute or the facts depended upon to bring you within that jurisdiction you cannot properly defend against all elements of the accusation. This is what is meant by ''nature and cause" of the accusation in the limitations of the Article and\or section of your State Constitution of the accusation against him . . . In the Oregon Constitution in Article 1, section 11; to defend against an accusation you cannot verify by the facts alleged, these limitations were placed upon the government when Prosecuting an accusation against an accused party. You not only have the right to defend against the facts alleged to constitute the offense, you also have a right to defend against the facts which bring you within the scope of the statute creating the offense and against the facts depended upon to establish you within the venue of the accusations and the jurisdiction of the court wherein the accusation is tried and the jurisdiction of the subject matter and jurisdiction of the person and if the offense alleged must be alleged to have been committed within the venue of the court who's jurisdiction is invoked by the accusatory instrument. If you are not made privy to the facts or allegations depended upon by the prosecutor to prove each of these elements you are not in a position to meaningfully defend against the charges as a whole and, therefore, cannot be prosecuted until the prosecutor makes a full disclosure of the nature and cause of the accusation. The Bill of Particulars is to obtain disclosure of the facts you will have to verify to defend your challenge of venue and jurisdiction that are not generally disclosed in the accusatory instrument. Knowing what facts the prosecutor is depending upon will allow you to prepare a complete defense. The  exemption in the use of KNH BSM is brought forth by standing upon your unalienable right to a religious experience through proclaiming his holy name Jesus the Anointed.

 

THE PROSECUTING ATTORNEY’S JOB

 

          If the prosecuting Attorney refuses to answer the Demand for Bill of Particulars and brings you before the court for a plea or to move forward to trial you should point out the grounds and that the prosecuting Attorney's job is to ''do justice,'' Just as it is the duty of a U.S. Attorney to do so, as quote the Supreme Court's statement of U.S. Attorney's responsibilities in Burger V. U.S., to wit:

''The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligations to govern at impartially is as compelling as its obligation to govern at all, and whose interest, therefore, in a criminal prosecution is not that it should win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor-indeed he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one.'' Berger v. United States, (1934) 295 U.S. 78, 88, 55 S.Ct. 346, ---, 79 L. Ed. 655, ---.

 

The point is, to "do justice" the prosecuting Attorney should be forthright and must verify the nature and sufficiency of the process to make it clear that he believed the process he is trying to enforce is properly within the proper venue and jurisdiction or whether the process is adequate or should be subjected to a legal challenge from you.

 

 

 

 

 

 

 

  

(SERVER NAME)

(COUNTY)

(ADDRESS)

(CITY, STATE)

 

AFFIDAVIT OF SERVICE

 

STATE OF _________________      )

                                                                  )                  Affirmed:

County of __________________     )

 

I,                                    (SERVER NAME), hereby affirm that I served, on behalf of

                   (YOUR NAME), the original of                     (YOUR NAME), “Demand For Bill of Particulars”, on the (OFFICER TITLE (I.E. PROSECUTING ATTORNEY), OFFICER NAME AND NUMBER), by hand service upon: Office of (OFFICER TITLE), (ADDRESS), (CITY), (STATE),

 

 

[NOTE: If SERVICE is made upon someone that is not authorized to accept process but is left with them then the following statement is placed in the above.] The name and title of the person that is in CHARGE of said office.

 

This ____________ day of _____________ 200_ and,

 

SUBSCRIBED AND AFFIRMED this ________ day of __________, in the County of ____________, in the State of ___________, in the year of our Lord and Savior, Jesus the Anointed One, Two Thousand and _____________

 

 

 

                                                          _____________________

                                                          server name

                                                          ______________________

                                                          county

                                                          _________________

                                                          address

                                                          _______________

                                                          city, state

 

We, the undersigned, witness this day that one known to us to be the above signatory did personally appear before us in the County of _______________, in the State of __________________________ and upon affirmation execute the above signature and seal hereto.

 

[Spell out State. No Zip code needed.]

 

____________________________________, a Citizen in the State of ____.

Print Name and Address _________________________________________

____________________________________, a Citizen in the State of ____.

Print Name and Address _________________________________________

____________________________________, a Citizen in the State of ____.

Print Name and Address _________________________________________