In this episode, we dive into Joe's remarkable journey through the legal system, where perseverance and knowledge played pivotal roles in overcoming significant legal challenges. Joe shares an update on his court case, revealing that all felony charges against him have been dropped. Despite the hurdles, including impound fees and a lingering no-license charge, Joe remains optimistic as he awaits further proceedings.
Joe recounts his experience in the courtroom, where the prosecutor surprisingly decided to drop all charges related to a car that wasn't his. The conversation highlights the importance of understanding legal processes and the power of due process, as Joe navigates through the complexities of the justice system.
Listeners are taken through Joe's strategic use of legal tools such as writs of prohibition and quo warranto, which challenged the jurisdiction and authority of the court and city officials. His actions not only caught the attention of the judge but also led to a significant turning point in his case.
The episode emphasizes the importance of perseverance and knowledge in legal battles, as Joe's story inspires others to stand firm in the face of adversity. The discussion also touches on the broader implications of challenging municipal authority and the potential for individuals to hold rogue agents accountable.
Join us as we celebrate Joe's victory and explore the lessons learned from his courageous fight for justice, providing valuable insights for anyone facing similar legal challenges.
[00:00:00]
Joe:
Hey, Roger.
[00:00:02] Roger:
Yes.
[00:00:04] Joe:
Yeah. I I wanted just give you a little update about my, my court case. All the all the felony charges got all the felony charges got dropped.
[00:00:14] Roger:
Did they?
[00:00:16] Joe:
Yeah.
[00:00:18] Roger:
They gave your car back yet and pay all the impound fees?
[00:00:23] Joe:
I didn't get the check back for the impound fees, but I I I might be getting that back in a in about a month or 2. So I have to go back one more time. The the prosecutor the judge sat in there. She looks at me. When the courtroom was empty, she goes, can you go talk to the prosecutor very nicely? You know? So I go in there. I talk to the I go see the prosecutor. He goes, oh, hey. Hey. Listen. I'm gonna drop all these felony charges because we're not allowed to do we're not allowed to see these, kinds of, cases. So he dropped them right off the bat. He goes, tell me about the car. I said I said, well, the car is not mine. He goes, fine. Then we're gonna drop all those charges too. Right? Congratulations, Joe. Because I had yeah. Because I had the car in a trust. So, he just said, well, well, I'm just gonna drop all those charges. So the only thing left was the no license charge. And he says, I have to give you due process, so you have to get discovery before I can close out the case.
And he says, so what's gonna happen is I'm going to, I'm going to have, the body cam footage from the police released to you. And then we'll we'll come back in 2 months, and then, we'll get this case shut out for you. Okay?
[00:01:40] Roger:
Now You just got to persevere. Folks, you get in these situations, you've got to persevere. Joe's a winner here. He's been persevering. He's got 2 young children at home, and he's the breadwinner at home. They impounded his car, and he's been going through this crap for, what, a year and a half now, Joe?
[00:02:02] Joe:
Yeah. It's been about a year because they well, they arrested me, and then charged me with weapon felony weapon charges for having a pocket knife in my pocket. Jeez. Oh my god. But they gave me 5 felony charges for that. So, they dropped all those. They dropped the motor vehicle charges, the no registration, the insurance, and a couple other ones. And then so the only thing left is the the driver's license one, which they're gonna drop in 2 months. They but here's what I did. I wrote I did a writ of prohibition based off of what, what, Mark, Strawman, recommend recommended.
So I went and did that. Uh-huh. It pissed off the judge. I did a writ of quaranto, and I sent that into the Supreme Court. And I sent it to the governor's office. Did you say the prohibition
[00:02:52] Roger:
pissed off the judge?
[00:02:55] Joe:
Yeah.
[00:02:59] Roger:
When you're pissing off judges, you gotta be doing something right. Go ahead.
[00:03:04] Joe:
Yeah. So I so I did that because what happened was I put a motion to dismiss using the New Jersey statute saying, hey. Look. Here's the reasons why. These were all valid reasons. I used some New Jersey case law, and she just said no. So I put a writ of prohibition in to stop them from executing whatever they wanted to do in the court case, and she got mad about that and yelled at me. But she just she she, you know, she's like, alright. We're gonna adjourn this for now. We'll come back another day. So I did a writ of, quote, Warrento. I sent it to the Supreme Court. I sent it to the attorney general, the secretary of state, and the governor's office, saying that, with with I so this is what I did. I put together this writicle warrant. I was saying, the this town, per their, their articles of incorporation, say that they're gonna uphold the laws the laws in the constitution in the United States in order for them to be a incorporated, town or municipality.
And so so by that by that provision and in the New Jersey bill that allowed them to become incorporated, they're violating those provisions and thus, they're waiving their right to remain a municipality. Yeah. I said, afterno virus like an There
[00:04:16] Roger:
did you use the term ultraviolet?
[00:04:20] Joe:
No.
[00:04:22] Roger:
They're they're acting on the virus, which is outside of their delegated authority. Go ahead.
[00:04:28] Joe:
That's, I will put that in my, vocabulary. But so I said I don't know if this is the act of rogue agents or if this is an order from the secretary of state and the attorney general, but this sounds like rogue agents, running amok here. So I sent that into all those business, the Supreme Court in New Jersey, the, the governor's office, the attorney general, and the secretary of state. And and I tied them under the laws of agency since the judges are all under the secretary of state and the prosecutors are all under the attorney general. I locked everybody in under the laws of agency. So thank you, Roger, for that. So by doing that, I said, look. If you got rogue agents, you guys are liable.
Okay? And, we got a serious problem here. So that's when I went there. The judge didn't even look at me until the room was empty, and then she goes, can you go talk to the prosecutor? And he goes, I have to give you due process. And, I mean, I don't know how many people listening right now, but who's ever been to court where the prosecutor turned to you and said, I have to give you due process?
[00:05:29] Roger:
I I'm shocked. Joe, just congratulations, man, because I know what a burden that has have to have been on you for a long time. And, the frustration, for those of you who don't know, Joe Joe was in challenging jurisdiction at the first trial, and the judge finally says, do you buy gasoline? And and Joe goes, yeah. And he goes, I got jurisdiction, and that's how they move forward. K? You're as free as you've got command of the information. So your choice. You wanna be free and degree of it, you learn the information where it's secondhand to you. Yep. Yep. Well, this is what we hold over them and Yeah. If we can ever get this allegiances for protection thing straight with the attorney general, boy, there's our teeth right there. K? Who's the guy trying to say something?
[00:06:21] Tom:
Yeah. It was me, Rod. Hey, Tom. Very good. To meet you. Hey. Very good show. Yeah. You too. Thank you. I wanna just comment about the, the court case. They, you know you know you've hit a nerve when they make you wait till the courtroom's empty. Oh, absolutely. About your case because they don't want they know you've got something they don't want being spread around and anybody else hearing it.
[00:06:47] Roger:
Absolutely. That is their moda operandi right there. You're gonna wait till everybody's gone, and then they're gonna try and talk turkey with you. Yeah. So I actually the
[00:06:59] Joe:
the the the writ that I had was to dissolve the, the the city
[00:07:05] Roger:
that was bringing the charges against Oh my god. No wonder they reacted.
[00:07:11] Joe:
Yeah.
[00:07:13] Roger:
Hey, Joe. Joe. Joe. Joe, everybody give Joe a hand, man. He has persevered through a lot of shit and come out Congratulations,
[00:07:23] Tom:
Joe. You're the man. Thank you. Yep. Excellent. Can you say, Joe, what city that was?
[00:07:29] Roger:
Thanks for paving the way, Joe. What city in new Northern New Jersey is that?
[00:07:35] Joe:
It's Cliffside Park.
[00:07:38] Tom:
Cliffside Park. I've been there. Oh, boy. That's as bad as, what is it, Ridgefield and Jersey City. They're all so corrupt. It's unbelievable.
[00:07:50] Roger:
Well, Joe kinda brought him to heel. Little old Joe, the guitar instructor.
[00:08:00] Joe:
Well, it it was it was funny because I said, you know, there's gotta be, I I'm telling you, I did a lot of digging because in order to make this, writical warranto to dissolve the city, valid, you have to find their articles of incorporation and what what bills or legislation, acts created their authority to become 1. And it even says, like so in the writ, it says that, like, I'm gonna become the receiver of the property of the city, and then I'm gonna turn it back over to the people. And now the people will decide what they wanna do with it after that. So the people of that city get to decide what they're gonna do with that property afterwards. That that includes all the municipal buildings. Dear, sir, let's roll out the red carpet. We're gonna tell you throw all these away. We gotta do you gotta do a couple of these things, and it'll all be gone.
[00:08:49] Roger:
And by the way, we'll never screw with you again.
[00:08:55] Joe:
Yeah. And that's kinda how it was because they were like, really, like, hey. Listen. We gotta give you due process. We can't just kinda run over run through this, like, without without giving you discovery, and we have to do all these things. And I've never seen that happen in the municipal court once. Never. Nope. Joe, now you go you go at the officer in his personal capacity and,
[00:09:18] Unknown:
charge him for trespass.
[00:09:20] Roger:
Boy, may I put his scalp on your belt, Joe?
[00:09:24] Joe:
No.
[00:09:25] Roger:
Yeah. But wait wait till you get the other stuff straight. There there you you see why they call us terrorists?
[00:09:35] Unknown:
Congratulations, Joe. And may I add, if you sue that officer in small claims court, no attorneys allowed, I yield.
[00:09:45] Joe:
Oh, that's good to know.
[00:09:47] Roger:
Yep. Well, Joe, man, I love to hear success stories. And, I think that is just freaking fabulous. Yeah. He may be out he may be out feeding kids or changing diapers or something. I don't know. I'm still here. I'm just I had to mute up because I, when my students showed up. Uh-huh.
[00:10:08] Unknown:
Did did you hear what I asked about? Did anybody apologize in the court or the judge about the judge saying, did you buy gas? Oh, you did? Well, then you're in commerce. Did anybody
[00:10:20] Joe:
No. No apologies.
[00:10:22] Unknown:
Okay. And and and did and did they have they offered any recompense for the year and a half that they put you through this, fraud?
[00:10:36] Joe:
No. But I I I suspect they're gonna do something because they wanted to do an adjournment because he says I need to get my discovery so they can close out the case. That was his exact words.
[00:10:51] Roger:
Well, I'll get engaged with these people again, Joe.
[00:10:55] Joe:
Why don't you I don't know. They haven't sent any notice to that for when I have to go back. But Why don't you ask them if there's any punitive
[00:11:05] Roger:
consideration involved?
[00:11:08] Joe:
Alright. Will do. I gotta mute out again, but yeah. Thank you. See him. Go teach him the chords.
[00:11:15] Roger:
Okay. That's the best we can do, Joe. He had to go work. Okay. Anybody else?
[00:11:21] Unknown:
Courts and cords. That's Joe Baliewick.
[00:11:26] Roger:
Like, thank god. Do you know where he came from? You don't, do you?
[00:11:31] Unknown:
I oh, you've you've told us, but I forget.
[00:11:34] Roger:
Well, Kaye Kaye and her husband, Paul, who were up in Connecticut, were some of the first listeners when we started 14a half years ago. And Kaye, they were living in California then, and she had gotten caught up in the 2 hun 2008 housing thing and had gone to try and fight the foreclosure in court not knowing anything about law. And they, of course, they body slammed them, took the house, and that's when she was looking around and stumbled on our first shows there. And then they had a daughter who had children, so they moved from California, good move, all the way back to Connecticut. They've been living in Connecticut to be around to help with the grandchildren.
And so one of the grandsons took guitar lessons, and Joe was the instructor. And Kaye and Joe started talking, and that's how we found Joe. Just to give you a little a little deal about talk talking to people. And see, again, if you don't know the information and understand it, you can't go talk to anybody about it, can you? Because you'll look like a fool. Right. The more you understand the information and have command of it, the freer you'll be. Thank you, Joe, for telling us the example today. I didn't promise you a bed of roses. I just told you you could get free.
[00:13:00] Unknown:
Kind of interesting because you wound up giving them the thorns. So
Hey, Roger.
[00:00:02] Roger:
Yes.
[00:00:04] Joe:
Yeah. I I wanted just give you a little update about my, my court case. All the all the felony charges got all the felony charges got dropped.
[00:00:14] Roger:
Did they?
[00:00:16] Joe:
Yeah.
[00:00:18] Roger:
They gave your car back yet and pay all the impound fees?
[00:00:23] Joe:
I didn't get the check back for the impound fees, but I I I might be getting that back in a in about a month or 2. So I have to go back one more time. The the prosecutor the judge sat in there. She looks at me. When the courtroom was empty, she goes, can you go talk to the prosecutor very nicely? You know? So I go in there. I talk to the I go see the prosecutor. He goes, oh, hey. Hey. Listen. I'm gonna drop all these felony charges because we're not allowed to do we're not allowed to see these, kinds of, cases. So he dropped them right off the bat. He goes, tell me about the car. I said I said, well, the car is not mine. He goes, fine. Then we're gonna drop all those charges too. Right? Congratulations, Joe. Because I had yeah. Because I had the car in a trust. So, he just said, well, well, I'm just gonna drop all those charges. So the only thing left was the no license charge. And he says, I have to give you due process, so you have to get discovery before I can close out the case.
And he says, so what's gonna happen is I'm going to, I'm going to have, the body cam footage from the police released to you. And then we'll we'll come back in 2 months, and then, we'll get this case shut out for you. Okay?
[00:01:40] Roger:
Now You just got to persevere. Folks, you get in these situations, you've got to persevere. Joe's a winner here. He's been persevering. He's got 2 young children at home, and he's the breadwinner at home. They impounded his car, and he's been going through this crap for, what, a year and a half now, Joe?
[00:02:02] Joe:
Yeah. It's been about a year because they well, they arrested me, and then charged me with weapon felony weapon charges for having a pocket knife in my pocket. Jeez. Oh my god. But they gave me 5 felony charges for that. So, they dropped all those. They dropped the motor vehicle charges, the no registration, the insurance, and a couple other ones. And then so the only thing left is the the driver's license one, which they're gonna drop in 2 months. They but here's what I did. I wrote I did a writ of prohibition based off of what, what, Mark, Strawman, recommend recommended.
So I went and did that. Uh-huh. It pissed off the judge. I did a writ of quaranto, and I sent that into the Supreme Court. And I sent it to the governor's office. Did you say the prohibition
[00:02:52] Roger:
pissed off the judge?
[00:02:55] Joe:
Yeah.
[00:02:59] Roger:
When you're pissing off judges, you gotta be doing something right. Go ahead.
[00:03:04] Joe:
Yeah. So I so I did that because what happened was I put a motion to dismiss using the New Jersey statute saying, hey. Look. Here's the reasons why. These were all valid reasons. I used some New Jersey case law, and she just said no. So I put a writ of prohibition in to stop them from executing whatever they wanted to do in the court case, and she got mad about that and yelled at me. But she just she she, you know, she's like, alright. We're gonna adjourn this for now. We'll come back another day. So I did a writ of, quote, Warrento. I sent it to the Supreme Court. I sent it to the attorney general, the secretary of state, and the governor's office, saying that, with with I so this is what I did. I put together this writicle warrant. I was saying, the this town, per their, their articles of incorporation, say that they're gonna uphold the laws the laws in the constitution in the United States in order for them to be a incorporated, town or municipality.
And so so by that by that provision and in the New Jersey bill that allowed them to become incorporated, they're violating those provisions and thus, they're waiving their right to remain a municipality. Yeah. I said, afterno virus like an There
[00:04:16] Roger:
did you use the term ultraviolet?
[00:04:20] Joe:
No.
[00:04:22] Roger:
They're they're acting on the virus, which is outside of their delegated authority. Go ahead.
[00:04:28] Joe:
That's, I will put that in my, vocabulary. But so I said I don't know if this is the act of rogue agents or if this is an order from the secretary of state and the attorney general, but this sounds like rogue agents, running amok here. So I sent that into all those business, the Supreme Court in New Jersey, the, the governor's office, the attorney general, and the secretary of state. And and I tied them under the laws of agency since the judges are all under the secretary of state and the prosecutors are all under the attorney general. I locked everybody in under the laws of agency. So thank you, Roger, for that. So by doing that, I said, look. If you got rogue agents, you guys are liable.
Okay? And, we got a serious problem here. So that's when I went there. The judge didn't even look at me until the room was empty, and then she goes, can you go talk to the prosecutor? And he goes, I have to give you due process. And, I mean, I don't know how many people listening right now, but who's ever been to court where the prosecutor turned to you and said, I have to give you due process?
[00:05:29] Roger:
I I'm shocked. Joe, just congratulations, man, because I know what a burden that has have to have been on you for a long time. And, the frustration, for those of you who don't know, Joe Joe was in challenging jurisdiction at the first trial, and the judge finally says, do you buy gasoline? And and Joe goes, yeah. And he goes, I got jurisdiction, and that's how they move forward. K? You're as free as you've got command of the information. So your choice. You wanna be free and degree of it, you learn the information where it's secondhand to you. Yep. Yep. Well, this is what we hold over them and Yeah. If we can ever get this allegiances for protection thing straight with the attorney general, boy, there's our teeth right there. K? Who's the guy trying to say something?
[00:06:21] Tom:
Yeah. It was me, Rod. Hey, Tom. Very good. To meet you. Hey. Very good show. Yeah. You too. Thank you. I wanna just comment about the, the court case. They, you know you know you've hit a nerve when they make you wait till the courtroom's empty. Oh, absolutely. About your case because they don't want they know you've got something they don't want being spread around and anybody else hearing it.
[00:06:47] Roger:
Absolutely. That is their moda operandi right there. You're gonna wait till everybody's gone, and then they're gonna try and talk turkey with you. Yeah. So I actually the
[00:06:59] Joe:
the the the writ that I had was to dissolve the, the the city
[00:07:05] Roger:
that was bringing the charges against Oh my god. No wonder they reacted.
[00:07:11] Joe:
Yeah.
[00:07:13] Roger:
Hey, Joe. Joe. Joe. Joe, everybody give Joe a hand, man. He has persevered through a lot of shit and come out Congratulations,
[00:07:23] Tom:
Joe. You're the man. Thank you. Yep. Excellent. Can you say, Joe, what city that was?
[00:07:29] Roger:
Thanks for paving the way, Joe. What city in new Northern New Jersey is that?
[00:07:35] Joe:
It's Cliffside Park.
[00:07:38] Tom:
Cliffside Park. I've been there. Oh, boy. That's as bad as, what is it, Ridgefield and Jersey City. They're all so corrupt. It's unbelievable.
[00:07:50] Roger:
Well, Joe kinda brought him to heel. Little old Joe, the guitar instructor.
[00:08:00] Joe:
Well, it it was it was funny because I said, you know, there's gotta be, I I'm telling you, I did a lot of digging because in order to make this, writical warranto to dissolve the city, valid, you have to find their articles of incorporation and what what bills or legislation, acts created their authority to become 1. And it even says, like so in the writ, it says that, like, I'm gonna become the receiver of the property of the city, and then I'm gonna turn it back over to the people. And now the people will decide what they wanna do with it after that. So the people of that city get to decide what they're gonna do with that property afterwards. That that includes all the municipal buildings. Dear, sir, let's roll out the red carpet. We're gonna tell you throw all these away. We gotta do you gotta do a couple of these things, and it'll all be gone.
[00:08:49] Roger:
And by the way, we'll never screw with you again.
[00:08:55] Joe:
Yeah. And that's kinda how it was because they were like, really, like, hey. Listen. We gotta give you due process. We can't just kinda run over run through this, like, without without giving you discovery, and we have to do all these things. And I've never seen that happen in the municipal court once. Never. Nope. Joe, now you go you go at the officer in his personal capacity and,
[00:09:18] Unknown:
charge him for trespass.
[00:09:20] Roger:
Boy, may I put his scalp on your belt, Joe?
[00:09:24] Joe:
No.
[00:09:25] Roger:
Yeah. But wait wait till you get the other stuff straight. There there you you see why they call us terrorists?
[00:09:35] Unknown:
Congratulations, Joe. And may I add, if you sue that officer in small claims court, no attorneys allowed, I yield.
[00:09:45] Joe:
Oh, that's good to know.
[00:09:47] Roger:
Yep. Well, Joe, man, I love to hear success stories. And, I think that is just freaking fabulous. Yeah. He may be out he may be out feeding kids or changing diapers or something. I don't know. I'm still here. I'm just I had to mute up because I, when my students showed up. Uh-huh.
[00:10:08] Unknown:
Did did you hear what I asked about? Did anybody apologize in the court or the judge about the judge saying, did you buy gas? Oh, you did? Well, then you're in commerce. Did anybody
[00:10:20] Joe:
No. No apologies.
[00:10:22] Unknown:
Okay. And and and did and did they have they offered any recompense for the year and a half that they put you through this, fraud?
[00:10:36] Joe:
No. But I I I suspect they're gonna do something because they wanted to do an adjournment because he says I need to get my discovery so they can close out the case. That was his exact words.
[00:10:51] Roger:
Well, I'll get engaged with these people again, Joe.
[00:10:55] Joe:
Why don't you I don't know. They haven't sent any notice to that for when I have to go back. But Why don't you ask them if there's any punitive
[00:11:05] Roger:
consideration involved?
[00:11:08] Joe:
Alright. Will do. I gotta mute out again, but yeah. Thank you. See him. Go teach him the chords.
[00:11:15] Roger:
Okay. That's the best we can do, Joe. He had to go work. Okay. Anybody else?
[00:11:21] Unknown:
Courts and cords. That's Joe Baliewick.
[00:11:26] Roger:
Like, thank god. Do you know where he came from? You don't, do you?
[00:11:31] Unknown:
I oh, you've you've told us, but I forget.
[00:11:34] Roger:
Well, Kaye Kaye and her husband, Paul, who were up in Connecticut, were some of the first listeners when we started 14a half years ago. And Kaye, they were living in California then, and she had gotten caught up in the 2 hun 2008 housing thing and had gone to try and fight the foreclosure in court not knowing anything about law. And they, of course, they body slammed them, took the house, and that's when she was looking around and stumbled on our first shows there. And then they had a daughter who had children, so they moved from California, good move, all the way back to Connecticut. They've been living in Connecticut to be around to help with the grandchildren.
And so one of the grandsons took guitar lessons, and Joe was the instructor. And Kaye and Joe started talking, and that's how we found Joe. Just to give you a little a little deal about talk talking to people. And see, again, if you don't know the information and understand it, you can't go talk to anybody about it, can you? Because you'll look like a fool. Right. The more you understand the information and have command of it, the freer you'll be. Thank you, Joe, for telling us the example today. I didn't promise you a bed of roses. I just told you you could get free.
[00:13:00] Unknown:
Kind of interesting because you wound up giving them the thorns. So
