By: Joel Stephen Mattson

If someone you care about is wrongfully incarcerated or imprisoned without lawful justification, it can feel overwhelming and intimidating—especially if attorneys are either unwilling or unable to fight aggressively for their release. Fortunately, powerful legal documents exist that you can utilize yourself to challenge unlawful imprisonment and free your loved ones, even without hiring an attorney.

Step 1: Understanding the Power of Affidavits

An affidavit is a sworn statement of fact, signed under penalty of perjury, that carries significant weight in court. Courts must acknowledge and respond to affidavits properly filed in a case. When challenging a wrongful imprisonment, your affidavit or your loved one’s affidavit can establish facts clearly, presenting evidence of innocence, constitutional violations, or lack of lawful jurisdiction by the court.

Draft a detailed affidavit explaining:

• The circumstances leading to imprisonment.
• The absence of lawful probable cause or jurisdiction.
• Any constitutional rights violations during the arrest or incarceration process.

Include direct references to constitutional rights such as:

• Fourth Amendment (illegal search and seizure)
• Sixth Amendment (right to a fair and speedy trial)
• Fourteenth Amendment (due process and equal protection)

Step 2: Notice of Understanding and Intent

File a “Notice of Understanding and Intent,” which explicitly clarifies your loved one’s rights, status, and their intentions to enforce constitutional protections. This document clearly informs the court and prosecution of the inmate’s position, asserting they do not consent to jurisdiction or actions outside constitutional boundaries.

Important points to include:

• A clear statement that your loved one understands their constitutional rights and protections.
• A declaration that no consent was ever given to waive any constitutional rights or jurisdiction.
• Explicit withdrawal of any previously implied consent.

Step 3: Filing a Motion to Vacate

The “Motion to Vacate” is your powerful tool for directly challenging the court’s jurisdiction and demanding immediate release due to unlawful imprisonment. Based on facts asserted in the affidavits, this motion seeks to nullify the court’s authority based on constitutional violations, jurisdictional fraud, or procedural errors.

Critical points to emphasize in your motion:

• Lack of jurisdiction: Argue that the court never had legal authority or jurisdiction to prosecute or imprison your loved one.
• Constitutional violations: Clearly highlight violations of constitutional rights, using facts detailed in the affidavits.
• Fraudulent actions: Include arguments demonstrating fraud by law enforcement, prosecutors, or courts, invalidating the entire imprisonment process.

Step 4: Utilizing the Revocation of Election

If your loved one has been mistakenly classified or prosecuted under statutory jurisdiction, filing a “Revocation of Election” document formally withdraws any implied consent to statutory (administrative) jurisdiction. This positions your loved one clearly under constitutional protection rather than statutory codes.

Step 5: Implementing the Magistrate Act

Understanding the Magistrate Act is essential for getting your loved one out of wrongful imprisonment. Administrative courts (Article I courts) require explicit consent from both parties involved. If your loved one never consented or explicitly withdrew consent, the administrative court loses jurisdiction.

File documentation clearly stating:

• No consent has ever been provided to an administrative Article I court.
• Explicit withdrawal of any presumed consent.
• Demanding that all proceedings be halted immediately due to lack of jurisdiction.

Step 6: Invoking Original Jurisdiction under Article III, Section 2, Clause 1

When dealing with state or local incarceration issues, invoke original jurisdiction under Article III, Section 2, Clause 1 of the U.S. Constitution. This directly challenges lower courts’ authority, demanding that any case against your loved one must either be dismissed or moved to the proper constitutional court.

Real-Life Success: What Others Have Done to Win Their Case

In numerous cases, individuals have successfully freed their loved ones by systematically filing affidavits, revoking implied consent, challenging jurisdiction, and demanding constitutional compliance. Cases have been dismissed entirely because courts could not prove jurisdiction once consent was explicitly denied and constitutional violations were clearly demonstrated.

Empower Yourself to Free Your Loved Ones

By using these powerful, constitutionally grounded documents effectively, you can challenge unlawful imprisonment successfully. You do not have to rely solely on attorneys—understanding your constitutional rights and how to apply them strategically can empower you to achieve justice and freedom for your loved ones.

Read a more in-depth version of this article and learn exactly how to have your loved one released from prison: Pro Se Liberation: How Families Can Challenge Unlawful Incarceration Without an Attorney — And Win