Thursday, December 13, 2012

Words Of Advice For Defendants by Steve Kubby

I receive requests several times a month from defendants who suddenly find
themselves forced to defend their lives, their right to use medical cannabis and
even the Bill of Rights. Like you, each defendant is suddenly forced to cope with a
predatory criminal justice system that judges them guilty, until proved innocent.
This advice is intended to help provide you with the necessary tactics to succeed
against the terrifying challenge you now face.

Here are the key concepts you must master to win:

1. NON-COOPERATION WITH TYRANNY IS A DUTY. America was founded on 
the premise that we have inalienable rights that cannot be separated from us by 
any law or government. The Drug War is unconstitutional, immoral, and no longer 
supported by voters or juries. Your non-cooperation with this corrupt war on American 
citizens is the surest way our Constitution and Bill of Rights can be restored.

2. NONVIOLENCE – We don’t want to kill our enemies, only expose their lies and their
greed for power over others. Any form of anger on your part must be left at the
door, or it will make you no better than your adversaries and bring failure to your
efforts. Only when others sense your commitment to the high road, will the justice
you seek become possible. Those who attended my trial saw that I always wore a suit
and showed respect. I even held doors open for my prosecutors, so they could push in
their huge cart filled with 4,000 pages of lies against me. My polite behavior only
made their accusations look more wild and ridiculous.

3. REFUSE TO WAIVE TIME – You have the Constitutional right to a speedy trial and
yet virtually every defendant is told by their attorneys to waive their right. What
attorneys never tell their clients is that if they refuse to waive time, they must
be tried within 60 days or the case must be dismissed. In the real world, few
prosecutors can prepare a case in 60 days and even fewer courts can organize a jury
trial in that time.

4. NEVER PLEA BARGAIN – This is a slippery slope. It might look like a great idea to
begin with, but in the end, you lose, everyday for the rest of your life. You won’t
get what you were promised and you’ll only endanger others by cooperating with
government terrorists.

5. GO ALL OUT ON THE PRELIMINARY HEARING – Winning your Preliminary 
Hearing means the judge will dismiss the case and your troubles are over. Most 
defense attorneys will advise you to do little in your Preliminary Hearing, so they 
can see what the prosecution’s case is about and then prepare a defense. That is 
definitely the wrong tactic in a bona fide medical marijuana case. You want an attorney 
who will fight with everything you have to win your case in the Prelim, regardless of the 
costs or time involved. Top medical marijuana attorney J. David Nick once took a Prelim 
on for 18 months, until the prosecutor gave up in desperation.

6. INSIST ON A JURY TRIAL – Less than 3% of defendants exercise their right to a
jury trial and yet the court system is in near gridlock. Refusing to cooperate and
demanding a trial places a significant load on the criminal justice system and is
the surest way to end this phony drug war. Many medical marijuana trials end in
acquittals or hung juries, so take your case directly to your fellow citizens and
trust them to see through the prosecutor’s lies.

7. USE THE MEDIA – Most courts will not allow you to tell your story and you must
depend upon the media to get the truth out. Focus on winning in the court of public
opinion and your victory with the jury will be assured.

8. TARGET POLICY MAKERS – ignore the police and prosecutors and target their
superiors. It is Sheriffs and D.A.s who are the generals in the Drug War and they
are the ones who are responsible for your current grief. Organize a recall election
against your D.A. Your recall will probably fail miserably, but your D.A. will back
off prosecuting other medical cannabis patients, once you put a little heat to their

9. SEEK CIVIL AND CRIMINAL PENALTIES – Use the courts and your local grand jury to
obtain indictments and convictions against rogue officials, since this is the ONLY
thing sheriffs, police chiefs and district attorneys understand or respect. Never
forget what was done to you until EVERY rogue sheriff, district attorney, police
chief, and judge has been brought to justice. We owe it to all who have died and
suffered horribly in this war to dedicate the rest of our lives to bringing these
drug war criminals to justice.

10. REFUSE PROBATION – Probation is no different than plea bargaining, because you
are trading away your rights for a deal that will never work in your favor. You are
better off to take jail over probation, because probation nearly always leads to
further violations and trouble with the law.

11. DOCUMENT ABUSES – It’s your job to document and prove abuse. Sooner or later, a
reform-minded administration will be elected and they will want to investigate your
charges and seek justice.

You are now a professional defendant. Your life will be your trial. Do what you can
to survive and remain true to the belief that YOU ARE INNOCENT. The Compassionate
Use Act of 1996 gives you the RIGHT to use, grow and possess this medicine. Don’t be
afraid to stand up for what you believe.

Good luck and remember to focus on the positive.

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