If you are charged with a crime or cited for a misdemeanor by a ticket or a notice by postal mail or Process Server then you respond with a Presumptive Letter which states your position in the situation relative to Jurisdiction and your rights under the Constitution.
[EXAMPLE PRESUMPTIVE LETTER]
Name: John Q. Public
Address: 555 Blueberry Lane, etc
Date: June 16, 2011
BY: CERTIFIED MAIL return receipt #_____
To: [Federal Employee], Inspector
c/o Development Services Administration
This letter is lawful notification to you, pursuant to The Bill of Rights of the National Constitution, the Supreme Law of the Land, in particular, the First, Fourth, Fifth, Sixth and Ninth Amendments, and the Hawaii State Constitution, in particular, Article 1, Sections 1, 2, 3, 4, 5, 6, 7, and 8, and pursuant to your limited delegated authority in your position as a public servant, specifically that of "Inspector", and requires your written response to me specific to the subject matter. Your failure to respond, within 30 days, as stipulated, and rebut, with particularity, everything in this letter with which you disagree is your lawful, legal and binding agreement with and admission to the fact that everything in this letter is true, correct, legal, lawful and binding upon you, in any court, anywhere in America, without your protest or objection or that of those who represent you. Your silence is your acquiescence. See: Connally v. General Construction Co., 269 U.S. 385, 391. Notification of legal responsibility is "the first essential of due process of law." Also, see: U.S. v. Tweel, 550 F. 2d. 297. "Silence can only be equated with fraud where there is a legal or moral duty to speak or where an inquiry left unanswered would be intentionally misleading."
You are bound as a public servant to uphold and support the Constitution of the United States of America and the Constitution of Hawaii, and pursuant to this binding, you are required to abide by the authority of said Constitutions in the performance of your official duties. You have no Constitutional or other valid authority to defy the Constitutions, to which you owe your LIMITED authority, delegated to you by and through the People, and to which you function as an "inspector for the State of Hawaii"; yet, by your actions against me, committed on May 18, 2011, by which you, contrary to the Supreme Law: (1) Trespassed on my property and (2) where you unlawfully cited me, and in so doing, you breached the limited delegated authority of your position by violating my Constitutionally guaranteed Rights and all aspects of due process of law, in particular those rights secured in the Bill of Rights, including, but not limited to, my 1st, 4th, 5th, 6th, 7th, and 9th Amendment Rights and those rights guaranteed and protected in the Hawaii Constitution Bill of Rights. By your unlawful actions, you acted in sedition and insurrection against the Constitutions, both federal and state, and in treason against the People, in the instant case, me.
You have no authority or power to enter my private property uninvited and make claims against me in direct violation of my Constitutionally guaranteed and unalienable rights.
There is no authority in the Federal Constitution, whatsoever, for the existence of administrative agencies, in general, and specifically, for the agency for which you allegedly work. Neither the Federal Constitution nor the Hawaii Constitution, authorize any agency or agents thereof, as are you, to convert the unlimited, unalienable Rights, guaranteed to the Citizens of this Nation and this State, in the instant case, me, into privileges, which are then regulated or taxed, as agencies of government are unlawfully doing in most states or to impose punitive actions upon Citizens, such as me, for simply exercising our Rights to freely enjoy our right to life, liberty, and the pursuit of happiness on our own property!
As you well know, I displayed no errant behavior and harmed no one by my actions; yet, you made an unwarranted, unlawful assumption or presumption, not based on any fact, law or evidence, that I have "tent structures constructed without permits and being used for habitable space." Through this entire process you unlawfully refused to verify and provide proof through the presentation of your authority over me and that you were lawfully holding the position you claimed and were abiding under the limited delegated authority, you have attempted to take my property or fine me without due process of law.
You had no authority to make assumptions or presumptions about me or to issue me a "notice of violation", as I was exercising my lawful right to be secure in my property and to pursue happiness as I so choose on my own property. Further, no Citizen-party made a sworn complaint against me alleging damages caused by my alleged actions, thus, you had no probable cause for your actions upon me, as you did. All of the charges against me are fraudulent, bogus, without substance, not based in truth, fact, law, and evidence, and not supported by the superseding Supreme Law of this Land, namely, the Constitution of the United States of America. Pursuant to Marbury v. Madison, (1803), all laws repugnant to the Constitution are null and void. Your charges and your actions are repugnant to the Constitutions, thus, are without the weight of law and without valid authority.
Anytime public servants violate Rights guaranteed to Citizens in the Constitutions, they act outside the scope of their limited delegated duties and authority, thus, by their own actions, invoke the self-executing Sections 3 and 4 of the 14th Amendment; thereby vacate their offices and forfeit all benefits thereof, including salaries and pensions, as you did. You are accountable and liable to the People for your unconstitutional actions and failures, and the People have the authority to hold you fully responsible and liable for your unlawful actions, which I fully intend to do.
You are required to have certified proof as to your position and authority as a public servant and bonds to guarantee your faithful performance of your duties, pursuant to thereto, as the law requires. I respectfully demand that you send me a certified copy of this certification and copies of all bonds you are required to obtain according to law.
By your stepping outside of your delegated authority you lost any "perceived immunity" of your office and you can be sued for your wrongdoing against me, personally, privately, individually and in your professional capacity, as can all those in your jurisdiction, including your supervisors and anyone having oversight responsibility for you, including any judges or prosecuting attorneys and public officers for that jurisdiction, if, once they are notified of your wrongdoing, they fail to take lawful actions to correct it, pursuant to their obligations, and/or oaths and their duties, thereto.
If they fail to act and correct the matter, then, they condone, aid and abet your criminal actions, and further, collude and conspire to deprive me and other Citizens of their Rights guaranteed in the Constitutions, as a custom, practice, policy and usual business operation of their office and the jurisdiction for which they work. This constitutes treason by the entire jurisdiction against me, and based upon the actions taken and what exists on the public record, it is impossible for any public servant to defend himself against treason committed. Be assured that I will claim and protect my Constitutionally guaranteed Rights which you and this entire jurisdiction have unlawfully, and without Constitutional authority, denied.
If you disagree with anything in this letter, then rebut that with which you disagree, in writing, with particularity, to me, within 30 days of this letter’s date, and support your disagreement with evidence, fact and valid Law. Your failure to respond, as stipulated, is your agreement with and admission to the fact that everything in this letter is true, correct, legal, lawful, and is your irrevocable agreement attesting to this, fully binding upon you, in any court in America, without your protest or objection or that of those who represent you.
All Rights Reserved,
John Q. Public, American Citizen