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Brute4291
Mod-er-rater?
Joined: 01 Dec 2007
Posts: 549
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 Posted: Wed Apr 23, 2008 5:04 pm Post subject: Another woe in the justice system? |
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Well, if i have this straight which i may not but feel free to correct me.
I heard that if your car or any of your property is taken away for whatever reason ie. suspicion or having drugs or wahtever. I heard that you have to take it to court to get your property back even if it was a mistake.
Its also the same way when your arrested. If your in jail and they find out someone else has commited the crime you were convicted of, it still takes awhile for you to get released.
This just doesnt seem right. The government should fix its mistakes immediatly. We should not treat the government like citizens by taking them to court for theft. Or we should take the gov't to criminal courts and have officials do some hard time and see how they like it. |
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3rdParty
Antiprohibitionist
Joined: 26 Jul 2007
Posts: 14
Location: Northern Indiana
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| Posted: Thu Apr 24, 2008 6:28 am Post subject: |
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The Law seems unfair this is so true except when it works. Just to regain some hope in your situation, remember the fight for our Constitutional rights are still going on and active in every case regarding the law. Watch a Supreme Court Case or a Court of Appeals case of any State. It takes some STUDYING but those guys, "the JUDGES" Don't appear to like the Constitution stomped on. That is why they have jobs. Let me know if you want to watch a case I'll give you a link. It requires RealOne Player.
Thanks again,
3rdparty |
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socrateez
Cannabis Castaway
Joined: 01 Feb 2008
Posts: 1034
Location: Sittin in a cave, high as hell......
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| Posted: Thu Apr 24, 2008 8:55 am Post subject: |
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| When I went through the Federal System, it seemed all the judges could do was rubber stamp a PSI as a sentence. |
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3rdParty
Antiprohibitionist
Joined: 26 Jul 2007
Posts: 14
Location: Northern Indiana
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| Posted: Thu Apr 24, 2008 10:17 am Post subject: |
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Help me what is a PSI(Probably should know)? Also the Federal part? There is Federal or State they are separate. Just a fyi, State usually offers more protection for a citizen's rights.
When you start the "study" of the legal systems it's in depth to say the least. I wonder if an honest question to ask a Lawyer if they knew, the honest answer would be no not all of it. When we watch or read a decision made on the supreme levels, myself I may have to read it 1/2 of dozen times or more. Honestly, and still have gaps or research to understand it all. But when you do, very interesting. A case in which we are watching is at the Indiana Supreme Court. This will seem unfair, it was argued a year ago and still no decision. It is an important case involving the Leon Decision which boils down to "Good Faith" in good faith if an officer makes an unconstitutional arrest, if he did not know it was wrong at the time, can the evidence stay. Off the top of my head, it was decided originally by the US Supreme Ct 1980ies. and sometimes it does, the evidence stands. It will be decided on a very important constitutional stance soon and then it becomes a law to follow. It also becomes an adoptable idea for other States to follow. I know, I can go on and on whew. |
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socrateez
Cannabis Castaway
Joined: 01 Feb 2008
Posts: 1034
Location: Sittin in a cave, high as hell......
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| Posted: Thu Apr 24, 2008 5:34 pm Post subject: |
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Sorry.  Pre-Sentence Investigation. Or as it should be: Pre-Investigation Sentence. 
Yes, from my experiences the State level courts are as you describe. The Federal courts are a machine. You can be severely penalized if you try to fight it.
I personally have met people who were given additional time on their sentences for "obstruction of justice".
The reasoning here is that a person takes the Gov all the way to trial and the associated taxpayer expense, when they knew they were guilty all along.
I also saw countless people convicted of "possession of a firearm during the commission of a drug crime". This carries an additional 5 years mind you. These people were legal gun owners prior to the drug crime commission and more often than not, the guns in question were in the owners house miles away from the crime. Prosecutors took full advantage of that wording "possession". 
Many people filed motion after motion for years from within amerikas gulag before the issue bounced around the supreme court a few times. There was more than one ruling on this issue. In the end, the law was rephrased and as far as I know, no one I knew ever got that time back or released early.
Crap, I'm ranting now. Sorry, having been through that machine, Ive seen some things ya know?  |
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3rdParty
Antiprohibitionist
Joined: 26 Jul 2007
Posts: 14
Location: Northern Indiana
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| Posted: Fri Apr 25, 2008 5:40 am Post subject: |
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We are sorry you have been through "that machine". It is easy to loose heart in the system, easy. But standing up for the 4th Amendment is a necessity and a fight that we all have to do regardless of the outcome. If we lose this right, well, let's not lose it. Each case is different. Just inform everyone about the 4th Amendment and pass it on to your friends, parents, anyone who will listen. I hope Barry won't mind but check out FLEX your Rights. They have success stories in police encounters. http://www.flexyourrights.org/success_stories
And no you were not  all information concerning this right is as important as walking across a street without feeling eerie. Keep heart and Keep safe. Just stay informed. |
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progrocker
Antiprohibitionist
Joined: 13 Jan 2008
Posts: 95
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| Posted: Fri Apr 25, 2008 10:15 am Post subject: |
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| sooo welcomeeeeee to the machine. |
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socrateez
Cannabis Castaway
Joined: 01 Feb 2008
Posts: 1034
Location: Sittin in a cave, high as hell......
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| Posted: Fri Apr 25, 2008 11:58 am Post subject: |
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| progrocker wrote: | | sooo welcomeeeeee to the machine. |
Pink Floyd! |
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3rdParty
Antiprohibitionist
Joined: 26 Jul 2007
Posts: 14
Location: Northern Indiana
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| Posted: Fri Apr 25, 2008 2:05 pm Post subject: |
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You too? Maybe I'm naive but are there masses amount of people here who have had jail time? As you all know you're probably better than having an Lawyer by staying informed about your rights and learning from each other. You seem to know a lot and care deeply for the 4th and not just because you have something to hide, it's just we all should take our rights in this democratic country seriously! I heard an interesting subject today about a "was Nazi" during WW2 and how freedom felt to her. She was paranoid about it. No, it's hard to understand that unless you had it taken away, which is probably the case with a lot of blogger at this site. Ummm. Again I say with great respect I'm so glad you have the courage to speak out!!
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Brute4291
Mod-er-rater?
Joined: 01 Dec 2007
Posts: 549
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| Posted: Sun Apr 27, 2008 9:03 pm Post subject: |
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I think unless you have a close Lawyer friend, represent yourself.
You can ask your legal counsel about the basics on how court works, but then represent yourself in court.
I've heard and seen many things where the defense attorneys are working with the prosecuters to make sure the defendant goes to jail. Not all are like this but there are a few atleast. |
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socrateez
Cannabis Castaway
Joined: 01 Feb 2008
Posts: 1034
Location: Sittin in a cave, high as hell......
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| Posted: Sun Apr 27, 2008 10:18 pm Post subject: |
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| Brute4291 wrote: |
I've heard and seen many things where the defense attorneys are working with the prosecuters to make sure the defendant goes to jail. Not all are like this but there are a few atleast. |
I had one of those once! I had a public pretender who happened to be a black woman working in a rural cracker-ass section of the Midwest stuck in the fifties. Not many people of color in that area. She was NOT trying to make any waves by helping my white hide! I can't say I blame her though. That county was pretty bad.  |
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3rdParty
Antiprohibitionist
Joined: 26 Jul 2007
Posts: 14
Location: Northern Indiana
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| Posted: Mon Apr 28, 2008 9:00 am Post subject: |
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Let me complement on your way of thinking! But from our point of view as we have watched the legal system please keep this in mind.
All courts are busier than bees!! So if you don't know your stuff, you can look very bad in "your Honor's" eyes. A possibility could work if you have a lawyer right there coaching you. With no funds, which is MOST citizens, a court appointed Public Defender.
You really have to give a Legal Attorney their due, it's very hard to pass the Law Exam.
It's about the Judge and your presentation. We are going to a Jury Trial on May 28th, About 140 miles away. Small town in Southern Indiana. We feel this citizen/farmer had his 4th Amendment severally stomped on. We helped him find a Jury Trial Lawyer member of NORML. This is a Trespass issue. The individual was charged by the DNR (Conservation Officer) of 2 accounts of OWI (operating while intoxicated) Jack lighting, and Motor Conveyance. All Class C Misdemeanors. A sad deal for the citizen who has spent over 10 grand in Legal fees. Anyway things are looking up. Very interesting case.
Keep the faith & the 4th Amendment Going!!
3rd Party |
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socrateez
Cannabis Castaway
Joined: 01 Feb 2008
Posts: 1034
Location: Sittin in a cave, high as hell......
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| Posted: Mon Apr 28, 2008 9:53 am Post subject: |
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| If you don't have money or influence, educate yourself fast. |
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Bongzilla
Stoned On The Mountain
Joined: 03 Oct 2007
Posts: 243
Location: Mountains in E Oregon
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| Posted: Thu May 08, 2008 11:45 pm Post subject: |
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| My state has put a property forfeiture measure up for vote this spring... Kinda funny. I'm voting NO!!!. |
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