An Assistance of Counsel is a Counsellor-at-law that is Learned in the Law. This right is secured in the Sixth Amendment because NO ONE can represent your constitutionally secured rights. A Counsellor-at-law can assist you, help you formulate questions to ask, and speak for you with you totally in control. This can be seen in the Giles Jacob English Law dictionary corrected and enlarged by T.E. Tomlins in 1811 publication. See Attorneys, Barrister, Counsellor, and Trials.

An Attorney at Law will only “represent” you, which means to stand in your place for your business interests and contracts, and act on your behalf while being totally in control of the case with very minor exceptions. An attorney at law operates in the statutory non-constitutional courts that evidence demonstrates are merely the Roman Civil Law courts with praetors being in equity using commerce [hybrid courts with Admiralty] and minus our Constitution as a rule of law. In the Roman Civil Law the State is the source of all rights with a minimum of a dual system of law being composed of jus civile [leges] [our legislature] and trumpeted by the jus honorarium [praetor edicts (judge made law), lex praetoria (equity rules and court orders that are used as law and abolishing the common law writ of quo waranto, etc.) and jus gentium [jus gentium privatum or jus gentium publicum]. This was accomplished by the process called codification. See the Institutes. See also the Annotated Compiled Laws of Alaska of 1949 in Title 69. In this civil law system as a corporate defendant, the judge will enter a plea of NON GUILTY before you have Assistance of Counsel. See Title 66 for the stark difference in preliminary examinations [not used today in Alaska] on Assistance of Counsel and also see the arraignment in Title 66 versus the Title 69.

In our Constitutional Republic, only a limited delegation of Power is given to the several States and a grant of Power to the United States. A citizen of the United States of America is the sovereign capacity coming into existence with the Articles of Confederation, with an American citizen being the same as the citizens in the “original States” before the Articles of Confederation. The Articles of Confederation was the beginning of the “several States.”

The other extremely important issue is that Assistance of Counsel, being a Counsellor-at-law learned in the law, is required BEFORE the arraignment process begins and he will assist you understand the nature and cause of the action, can challenge the judge’s qualification as we have no public officers today, can challenge the court’s jurisdiction, will validate of the charging documents are constitutionally correct, determine is there was a judicial probable cause determination based upon evidence, and other important functions to assist you with your constitutionally secured rights.

There is no longer any judicial determination of probable cause based upon evidence as the true judiciary is non existence today. The beginning of the criminal charges, whether a complaint, information or some combination thereof up and through a grand jury is all Executive.

The copy of the complaint [commercial document] is used to gain jurisdiction, being that the complaint, information, or indictment itself is the actual probable cause and this is usually found in criminal rule 5 or 5.1 of the court rules [lex praetoria]

What is the difference between an Attorney at law and a Counsellor-at-law?

Giles Jacobs corrected and enlarged by T.E. Tomlins definitions of Attorney, Barrister, Counsellor, and Trial of the year of 1811.

Annotated Compile Laws of Alaska of 1949 with the differences demonstrated between the Civil Law in Title 69 and the Common Law side in Titles 66. In Title 69 there is no Assistance of Counsel used at the arraignment, but in Title 66 the Assistance of Counsel is mandatory in the preliminary examination and the arraignment.

Here is the document to be filed with an Attorney at Law noticing him that he is not a Counselor at Law and of the possible criminal and civil liabilities. Click Here

Brief to file with prosecutor: Accused Is Without Assistance of Counsel