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Chemy
Ëmþàñädá §790.23


Registered: 10/05/07
Posts: 5,828
Loc: ༑㉿༑
Last seen: 33 minutes, 37 seconds
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Re: just arrested with felony possession [Re: flavoraid]
#8123253 - 03/09/08 12:48 PM (8 months, 22 days ago) |
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Quote:
flavoraid said: pleading guilty is always better than pleading innocent and being found guilty.
Thats not true, and is a popular misconception that being found guilty at trial will result in a max-out sentence.
Whether you are found guilty or plea guilty the guidelines must be followed unless the trial court has an applicable reason for departure from guidelines. And the defendant plea is not a reason for departure.
-------------------- sudo apt-get install Barack-Obama
pu *.Bush
Deleted: B: /Bush/Patriot Act
Deleted: B: /Bush/NSA/AT&T/Warrantless Spying
Deleted: B: /Bush/Economy
Deleted: B: /Bush/Nukalur Weapons
Deleted: C: /Cheney/Control
Deleted: R: /Rice/Tool
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YidakiMan


Registered: 09/28/02
Posts: 2,020
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Re: just arrested with felony possession [Re: Chemy]
#8123284 - 03/09/08 01:05 PM (8 months, 22 days ago) |
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Now I've watched Matlock all my life and I've never heard anyone plead "innocent".... If you know anything about the courts thats enough reason to disregard him all together.
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Prisoner#1
Even Dumber ThanAdvertized!


Registered: 01/22/03
Posts: 95,612
Loc: S.F.I.G.E.L.
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Re: just arrested with felony possession [Re: YidakiMan]
#8123955 - 03/09/08 04:44 PM (8 months, 22 days ago) |
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Quote:
YidakiMan said: Now I've watched Matlock all my life and I've never heard anyone plead "innocent"....
I heard about juries coming back with innocent verdicts but no pleas of innocent
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KliNiK
Stranger

Registered: 03/09/08
Posts: 10
Last seen: 7 months, 13 days
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Re: just arrested with felony possession [Re: derx]
#8123980 - 03/09/08 04:50 PM (8 months, 22 days ago) |
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Were you smoking in the car before you got pulled over? If the officer smelled something "funny" then that might of been the reason he actually called in the dog. Either that or you just looked down right suspicious. You should get a lawyer and see what he says I don't know how it is where you live I'm from Texas and they would have called in the dogs just for driving black or Mexican lol. Check out this website, it gives good tips for handling encounters with the law. www.flexyourrights.org
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Prisoner#1
Even Dumber ThanAdvertized!


Registered: 01/22/03
Posts: 95,612
Loc: S.F.I.G.E.L.
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Re: just arrested with felony possession [Re: KliNiK]
#8124007 - 03/09/08 04:58 PM (8 months, 22 days ago) |
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often time cops say they smell something just to claim they had probable cause, since everything is recorded I always give a verbal response "I understand that you have to say that officer in order to try and validate you're claim for probable cause"
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TYL3R
i don't wantyour poop bro

Registered: 11/19/04
Posts: 14,001
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Re: just arrested with felony possession [Re: Prisoner#1]
#8124309 - 03/09/08 06:13 PM (8 months, 22 days ago) |
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That you for that 
I love yew.
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ponetony
Mr. BananaGrabber



Registered: 01/07/08
Posts: 128
Loc: Ottawa, Ontario Canada
Last seen: 2 months, 19 days
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Re: just arrested with felony possession [Re: usg543]
#8129436 - 03/10/08 09:04 PM (8 months, 21 days ago) |
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if you had to wait 45 minutes for the k9 all the while you were being detained without probable cause. the fact you were detained without the probably cause in the first place seems like at least some grounds to argue in court to de-validify the clains of the officer. also keep your shit locked in the trunk or glove box because then even if they have cause to think there is pot they still no matter what need a warrant to open those if they are locked to begin with. they can only get you one what is easily accessible in your car without a warrant and only probable cause
-------------------- Word to your moms I came to drop bombs I gots more rhymes than the bibles got psalms
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fastfred



Registered: 05/17/04
Posts: 4,366
Loc: Dark side of the moon
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Re: just arrested with felony possession [Re: ponetony]
#8129470 - 03/10/08 09:12 PM (8 months, 21 days ago) |
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Wow, lots wrong in that statement ponetony.
They can do a safety search of everything accessible to the people in the car without any probable cause. (AKA terry stop) With probable cause, like "I smell weed", they can search your entire car including the trunk. With any probable cause they don't need a warrant for anything.
-FF
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derx
who run it



Registered: 05/29/03
Posts: 2,051
Loc: cave
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Re: just arrested with felony possession [Re: fastfred]
#8129660 - 03/10/08 09:58 PM (8 months, 21 days ago) |
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correct fastfred!
I appreciate the help and support guys. Believe me, I'm not a stupid person and I did everything in my power to keep the cops from finding my stash. I've seen the video from the ex cop a dozen times before this incident and it helped me handle myself. I didn't even have to think about anything when he asked to search, my mouth automatically responded with "i do not consent to any searches, sir"
thanks everybody!
-------------------- better living through chemistry
OVERGROW the government!!
it's not a war on drugs, it's a war on personal freedom, ok, thats what it is.
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smily
a huntin we will go.....



Registered: 07/13/06
Posts: 1,233
Loc: honalee
Last seen: 9 hours, 12 minutes
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Re: just arrested with felony possession [Re: Prisoner#1]
#8131183 - 03/11/08 10:18 AM (8 months, 20 days ago) |
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Quote:
Prisoner#1 said: "I understand that you have to say that officer in order to try and validate you're claim for probable cause"
i really like that!!!!
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http://www.shroomery.org/forums/showflat.php/Number/8013003#8013003 CrAnKy PiLlOwS YeAh PiLlOwS
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Prisoner#1
Even Dumber ThanAdvertized!


Registered: 01/22/03
Posts: 95,612
Loc: S.F.I.G.E.L.
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Re: just arrested with felony possession [Re: smily]
#8141625 - 03/13/08 02:04 PM (8 months, 18 days ago) |
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I learned it from a crackhead, cop said he smelled weed in the car, fucker never smokes weed, if the cop had said beer it would be a different story
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SuperD
THE SPIRIT OFTRUTH



Registered: 10/05/03
Posts: 2,477
Loc: TX
Last seen: 7 hours, 51 minutes
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Re: just arrested with felony possession [Re: derx]
#8144414 - 03/14/08 12:23 AM (8 months, 18 days ago) |
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Good luck man, I'm rooting for you. Hopefully all goes well and your lawyer does his job. F the WOD.
-------------------- I'd like you to meet my local drug dealer
Bruce Campbell for a day! said: Go misidentify a mushroom please.
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blissedout
Lysergically displaced



Registered: 11/11/04
Posts: 16,264
Loc: Rat Race
Last seen: 1 day, 12 hours
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Re: just arrested with felony possession [Re: derx]
#8145315 - 03/14/08 09:41 AM (8 months, 18 days ago) |
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Quote:
derx said: the officer gave me a warning ticket. He said I am free to go, even though a dog is on the way. I asked him if he could repeat this again on video, he restated, you are free to go. You are not under arrest, you don't have to stay here BUT the car is currently under investigation and cannot be moved.
the story is really fishy and fucked up man!
It is SO fucking sketchy! If it was a felony, how can he just ticket you and let you go? Something's not right here. Get a lawyer. Good luck, my fellow felon.
-------------------- Here we are.
Here and now.
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blissedout
Lysergically displaced



Registered: 11/11/04
Posts: 16,264
Loc: Rat Race
Last seen: 1 day, 12 hours
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Re: just arrested with felony possession [Re: derx]
#8145347 - 03/14/08 09:50 AM (8 months, 18 days ago) |
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Quote:
derx said:
does anybody know how much a retainer fee for a lawyer usually is?
Average retainer fee for a good lawyer is around 500-1,000 bucks. Believe me, I have been doing NOTHING but talking to lawyers and secretaries for the past few days. Most of them do payment plans, too. Thank god!
-------------------- Here we are.
Here and now.
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flavoraid
now with twicethe ketamine andopiates!

Registered: 12/05/07
Posts: 1,642
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Re: just arrested with felony possession [Re: Chemy]
#8145481 - 03/14/08 10:42 AM (8 months, 17 days ago) |
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Quote:
Chemy said:
Quote:
flavoraid said: pleading guilty is always better than pleading innocent and being found guilty.
Thats not true, and is a popular misconception that being found guilty at trial will result in a max-out sentence.
Whether you are found guilty or plea guilty the guidelines must be followed unless the trial court has an applicable reason for departure from guidelines. And the defendant plea is not a reason for departure.
It's like a rule amongst judges to knock off a year or two for pleading guilty and saving the courts time. At least in Canada. I'm taking Law and it's been mentioned several times.
-------------------- coda said:
imachavel, Man you really need to do some reading, the amount of bullshit you put into almost every single one of your posts is absolutely astounding.
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Chemy
Ëmþàñädá §790.23


Registered: 10/05/07
Posts: 5,828
Loc: ༑㉿༑
Last seen: 33 minutes, 37 seconds
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Re: just arrested with felony possession [Re: flavoraid]
#8145769 - 03/14/08 11:58 AM (8 months, 17 days ago) |
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Quote:
flavoraid said:
Quote:
Chemy said:
Quote:
flavoraid said: pleading guilty is always better than pleading innocent and being found guilty.
Thats not true, and is a popular misconception that being found guilty at trial will result in a max-out sentence.
Whether you are found guilty or plea guilty the guidelines must be followed unless the trial court has an applicable reason for departure from guidelines. And the defendant plea is not a reason for departure.
It's like a rule amongst judges to knock off a year or two for pleading guilty and saving the courts time. At least in Canada. I'm taking Law and it's been mentioned several times.
Thats not the way it works in the US.
A plea deal is made between the state attorney and the defense attorney, or the defendant and state attorney if the defendant is pro se.
As a matter of fact a defendant that makes an "open plea" of guilt or no contest is most likely to get raped by the court.
In the US, the "rules amongst Judges" would be the sentencing guidelines, and they must be followed, unless like I said there is a reason for departure.
Can you tell I studied law? I wish I studied law in a school though, and not "in the fire" so to speak.
-------------------- sudo apt-get install Barack-Obama
pu *.Bush
Deleted: B: /Bush/Patriot Act
Deleted: B: /Bush/NSA/AT&T/Warrantless Spying
Deleted: B: /Bush/Economy
Deleted: B: /Bush/Nukalur Weapons
Deleted: C: /Cheney/Control
Deleted: R: /Rice/Tool
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flavoraid
now with twicethe ketamine andopiates!

Registered: 12/05/07
Posts: 1,642
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Re: just arrested with felony possession [Re: Chemy]
#8145790 - 03/14/08 12:04 PM (8 months, 17 days ago) |
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I'm canadian so there are differences.
-------------------- coda said:
imachavel, Man you really need to do some reading, the amount of bullshit you put into almost every single one of your posts is absolutely astounding.
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Chemy
Ëmþàñädá §790.23


Registered: 10/05/07
Posts: 5,828
Loc: ༑㉿༑
Last seen: 33 minutes, 37 seconds
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Re: just arrested with felony possession [Re: blissedout]
#8145825 - 03/14/08 12:17 PM (8 months, 17 days ago) |
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Quote:
blissedout said:
Quote:
derx said: the officer gave me a warning ticket. He said I am free to go, even though a dog is on the way. I asked him if he could repeat this again on video, he restated, you are free to go. You are not under arrest, you don't have to stay here BUT the car is currently under investigation and cannot be moved.
the story is really fishy and fucked up man!
It is SO fucking sketchy! If it was a felony, how can he just ticket you and let you go? Something's not right here. Get a lawyer. Good luck, my fellow felon.:)
Good point, in Florida an officer must arrest someone that has committed or is committing a felony, or has a felony warrant issued. I'm looking up Tn RCP now.
-------------------- sudo apt-get install Barack-Obama
pu *.Bush
Deleted: B: /Bush/Patriot Act
Deleted: B: /Bush/NSA/AT&T/Warrantless Spying
Deleted: B: /Bush/Economy
Deleted: B: /Bush/Nukalur Weapons
Deleted: C: /Cheney/Control
Deleted: R: /Rice/Tool
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derx
who run it



Registered: 05/29/03
Posts: 2,051
Loc: cave
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Re: just arrested with felony possession [Re: Chemy]
#8146023 - 03/14/08 01:06 PM (8 months, 17 days ago) |
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thanks chemy, i appreciate any and all information that could possibly help. This has given me a motivation to not go to graduate school in chemistry and study law. Maybe I'll do both but I want to help people out that are getting raped by the system.
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demius
heeeeeeehaaaaaw!


Registered: 08/18/05
Posts: 26,479
Loc: Earth
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Re: just arrested with felony possession [Re: derx]
#8146585 - 03/14/08 04:20 PM (8 months, 17 days ago) |
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why don't we just stick with escaping/avoiding the system?
let others fare for themselves. also, this country doesn't need another lawyer, even if it is one working for the right causes/reasons
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