By: Joel Stephen Mattson
If you’ve been charged with a crime, chances are your case never even saw a Grand Jury. Instead, you were prosecuted by something called an “INFORMATION” — a piece of paper drafted by a prosecutor, rubber-stamped by a judge, and used to haul you into court.
Sounds official, doesn’t it?
But here’s the truth they don’t want you to know: Prosecution by Information is unconstitutional for any non-military, non-government employee who is not on active duty. And if you were charged this way, you’ve been defrauded — plain and simple.
What the Fifth Amendment Actually Says
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury…” — Fifth Amendment, U.S. Constitution
Let’s pause right there. That’s not a suggestion. That’s not a guideline. That is a requirement.
The Constitution says: You cannot be prosecuted for any infamous crime unless a Grand Jury indicts you.
So why are prosecutors using Informations to charge people?
Simple: It’s faster. It skips your rights. And it only works if you don’t know the law.
What Is an “Information”?
An INFORMATION is a written accusation drafted by a government prosecutor. It is not a finding of probable cause by your peers. It is not constitutional.
It is a shortcut. A fraud. A tool used by the State to bypass the Grand Jury process and proceed directly to arraignment.
The moment you accept it — or worse, plead to it — you validate the fraud.
How They Justify This Scam
They claim that you waived your right to a Grand Jury.
How?
- By signing a plea deal
- By failing to object
- By not asserting your Fifth Amendment rights at the beginning of the process
But let’s get something straight: You cannot waive a right you were never fully informed about.
“Waiver of a constitutional right must be knowing, intelligent, and voluntary.” — Johnson v. Zerbst, 304 U.S. 458 (1938)
If the government never told you what was being waived — or used coercion, confusion, or omission — then there was no valid waiver.
That means the case is void. Not flawed — void.
Why This Matters for Every Defendant
Every person prosecuted by Information has a powerful challenge waiting to be filed:
- Affidavit of Status and Jurisdictional Challenge
- Motion to Vacate for Lack of Constitutional Indictment
- Demand for Grand Jury Proceedings under the Fifth Amendment
Because the moment the prosecution cannot produce a valid Grand Jury indictment, the court has no jurisdiction to proceed.
“If there is no indictment, there is no case.” — United States v. Cotton, 535 U.S. 625 (2002)
“A void judgment is one that from its inception is a complete nullity and without legal effect.” — Holloway v. Brush, 220 F.3d 767 (6th Cir. 2000)
Who’s Exempt — and Who Isn’t?
There’s a narrow exception in the Constitution:
“…except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger.”
Unless you’re:
- Active duty military
- A government employee in a national emergency
- Acting under martial or military law
…you are NOT exempt from the Grand Jury requirement.
That means 99% of prosecutions by Information are illegal on their face.
Fraud Vitiates Everything
“Fraud vitiates the most solemn contracts, documents, and even judgments.” — U.S. v. Throckmorton, 98 U.S. 61 (1878)
This isn’t just a technical argument. This is a nuke.
When a person is imprisoned or convicted based on a fraudulent charging document, everything that follows is tainted:
- Arrest
- Bail hearings
- Plea deals
- Convictions
- Sentencing
All of it is built on a poisoned tree.
Application: How to Use This Knowledge
If you or a loved one were charged via Information, here’s what to do:
- Request certified copies of the charging documents.
- Identify whether a true bill of indictment was ever filed.
- If not, draft an Affidavit of Unlawful Prosecution based on lack of indictment.
- File a Motion to Vacate Conviction for Lack of Constitutional Authority.
- Demand a hearing on jurisdiction.
In court, say it loud and clear:
“I was prosecuted in violation of the Fifth Amendment. I demand this conviction be vacated as void.”
How Prosecutors Deflect — and How to Shatter It
They’ll say:
- “You waived that right.”
- “It’s too late.”
- “That’s procedural, not jurisdictional.”
Your answer:
“Jurisdiction can be challenged at any time — even after conviction.” — Cotton, supra
“A void judgment is no judgment at all.” — Holloway, supra
“There can be no waiver of a right not fully disclosed.” — Zerbst, supra
This Is Bigger Than One Case
Once the public realizes that 90% of prosecutions bypass the Grand Jury requirement, the entire legal system is exposed.
Because if millions were imprisoned illegally — by process, not law — then the State has committed mass fraud against its people.
And the solution isn’t reform.
The solution is exposure, affidavit, and challenge.
Final Word: Demand the Grand Jury, Destroy the Fraud
You were promised due process. You were entitled to indictment by your peers. You were tricked into a shortcut that violates the Constitution.
Now it’s time to fight back.
Demand indictment. File the affidavit. Challenge the jurisdiction. Collapse the fraud.
If there was no Grand Jury, there is no case.
Next Article in the Series: [The Right to Disassociate: Why Government Cannot Force You Into Its Corporate Contract]
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