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InvisibleCelestial Traveler
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Re: Ask a defense attorney [Re: Enlil]
    #16671360 - 08/09/12 01:54 PM (11 years, 9 months ago)

Hypothetically speaking, if this were to happen...

Could I not tell the officers when I was arrested that I wanted to exercise my right to a speedy trial, and then declare to the judge that I wished to either defend myself or use a public attorney, free of cost to me?

The speedy trial part would be so that I would get the BS over with and not spend months in jail while waiting for a trial.

Then just go to trial with the burden of proof on the state to prove it was used for illegal drugs.

Once they couldn't provide that proof, I beat the charges and get on with my life.

Is this a realistic scenario?


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InvisibleDiploidM
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Re: Ask a defense attorney [Re: Enlil]
    #16672456 - 08/09/12 05:32 PM (11 years, 9 months ago)

This question is more on the civil side of things, but you can probably give a meaningful answer.

I'm being sued for something, let's say a charged off credit card or unsecured loan or something like that. The collector sends someone to my home to serve process, but I'm not there and try as they might, they never find me. The best they can do is regular mail or tape the paperwork to my front door. Certified mail won't work because I summarily refuse all certified mail.

Question 1: Court day comes and I fail to appear. Do I lose by default? If so, do I have recourse in claiming I didn't know about the court date?

Question 2: What if my roommate is home and accepts the paperwork for me? Can I claim he never told me?

Question 3: What if the roommate is very elderly (90ish) and dies a few weeks after the papers were served to him? I claim I never got the papers from absent-minded old guy.

I have a feeling the answer is gonna run along the lines of "depends on the jurisdiction". I'm in Florida, if that helps.

Thanks as always for this thread and all your time.


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2) You can't have an abortion no matter how much you don't want a child.
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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: Celestial Traveler]
    #16672546 - 08/09/12 05:58 PM (11 years, 9 months ago)

You've pretty much got it, but the police aren't the people to tell about a speedy trial.

In addition, you have to meet income requirements to be eligible for a public defender.


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OfflineAlan RockefellerM
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Re: Ask a defense attorney [Re: Diploid]
    #16672558 - 08/09/12 06:01 PM (11 years, 9 months ago)

I have heard that if your roommate accepts the paperwork but never tells you about it, you are out of luck.

Enlil, no one except my friends knows my current address and I have never gotten any mail there, I use a po box for everything.  What happens if someone tries to sue me?

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Anonymous #11

Re: Ask a defense attorney [Re: Diploid]
    #16672567 - 08/09/12 06:03 PM (11 years, 9 months ago)

If my house was raided (there is no reason for it to be that I can tell - I keep my mouth shut and everything is tight. I purchase most of my supplies in cash), the police would find marijuana growing, <10 plants flowering and the same number of clones and a few mothers... lets say it totals to 20 if that matters. They would find DMT being extracted, maybe 2g of actual DMT. They would find a big ol' monotub of cubes growing.

I live in NZ (I understand that the law here is going to be somewhat different to the law you've studied) and would like to know what would happen if I fucked up and was searched? I have no criminal record, I was hoping I would get off with a slap on the wrist as it's my first offense... But I believe I've covered production of A, B and C class drugs there so I'm not so sure they'll be so lenient.

Is there something I can do to easily reduce the consequences of being caught here? Would doing just 2 instead of 3 be the difference between a slap on the wrist and a real sentence, do you think?

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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: Diploid]
    #16672572 - 08/09/12 06:04 PM (11 years, 9 months ago)

Quote:

Diploid said:
This question is more on the civil side of things, but you can probably give a meaningful answer.

I'm being sued for something, let's say a charged off credit card or unsecured loan or something like that. The collector sends someone to my home to serve process, but I'm not there and try as they might, they never find me. The best they can do is regular mail or tape the paperwork to my front door. Certified mail won't work because I summarily refuse all certified mail.

Question 1: Court day comes and I fail to appear. Do I lose by default? If so, do I have recourse in claiming I didn't know about the court date?




Some.  You can move to set aside the default and default judgment under the grounds of lack of service...but you're better off not letting it get this far.  When you have actual notice, you should move to quash service right off the bat.  The court lacks personal jurisdiction over you until you're properly served, so you should challenge that as soon as possible.

They can also effect service by "due dilligence"..this is a last resort procedure where they attach process to your door and mail it to you...it's sometimes called "nail and mail."
Quote:


Question 2: What if my roommate is home and accepts the paperwork for me? Can I claim he never told me?




This is called "substitute service" and it is legal if personal service fails a few times.  If he doesn't tell you, you have a suit against him.
Quote:


Question 3: What if the roommate is very elderly (90ish) and dies a few weeks after the papers were served to him? I claim I never got the papers from absent-minded old guy.




This might work...but see the answer to #1...

none of these will get you out of the suit completely...eventually, they will get you served legally.

If service fails repeatedly, a judge can order that service be effected by publishing in a newspaper...there's always a way.


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InvisibleCelestial Traveler
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Re: Ask a defense attorney [Re: Enlil]
    #16673235 - 08/09/12 08:04 PM (11 years, 9 months ago)

Quote:

Enlil said:
You've pretty much got it, but the police aren't the people to tell about a speedy trial.

In addition, you have to meet income requirements to be eligible for a public defender.




Even then, I could probably pretty much defend myself though since the trial would be so easy I'm guessing...

And who would I take the "speedy trial" too?


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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: Celestial Traveler]
    #16673254 - 08/09/12 08:07 PM (11 years, 9 months ago)

A man who represents himself has a fool for a client.


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OfflineNizzyJones
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Re: Ask a defense attorney [Re: Enlil]
    #16673281 - 08/09/12 08:11 PM (11 years, 9 months ago)

http://www.thisamericanlife.org/radio-archives/episode/385/pro-se

This American Life radio ep. on pro se cases. Pretty amusing.


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InvisibleLySergic D
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Re: Ask a defense attorney [Re: NizzyJones]
    #16673372 - 08/09/12 08:26 PM (11 years, 9 months ago)

Im hoping to be getting back my car from the officers who seized it next week. As im sure you remember i was recently picked up on three felony charges and a misdemeanor of Delivery/Manufacture of mushrooms.
What are the chances of something like a tracking device being somewhere on my car when i get it back. According to my lawyer, the narcotics team in my area are not real happy with me on account i wouldn't work for them.


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InvisibleCelestial Traveler
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Re: Ask a defense attorney [Re: Enlil]
    #16674115 - 08/09/12 10:46 PM (11 years, 9 months ago)

Quote:

Enlil said:
A man who represents himself has a fool for a client.




But couldn't I just tell them that the paraphernalia was not for illegal substances, and demand that they do a lab test on the residue to prove otherwise?

What would be wrong with that?

Obviously I'm no expert and this may be a stupid question but I am just wondering.

From time to time I buy cheap, shitty pipes to smoke salvia (legal in my state) and use them for no other reason.  So this information might come in handy some day.


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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: Alan Rockefeller]
    #16674999 - 08/10/12 04:11 AM (11 years, 9 months ago)

Quote:

Alan Rockefeller said:
I have heard that if your roommate accepts the paperwork but never tells you about it, you are out of luck.

Enlil, no one except my friends knows my current address and I have never gotten any mail there, I use a po box for everything.  What happens if someone tries to sue me?



They're gonna have to serve you at your place of business.  Or find where you live by other means...People who are hard to find are hard to sue for this reason...

It took me months to find one guy's real name...but eventually, I did.


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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: Anonymous #11]
    #16675005 - 08/10/12 04:14 AM (11 years, 9 months ago)

Quote:

Anonymous said:
If my house was raided (there is no reason for it to be that I can tell - I keep my mouth shut and everything is tight. I purchase most of my supplies in cash), the police would find marijuana growing, <10 plants flowering and the same number of clones and a few mothers... lets say it totals to 20 if that matters. They would find DMT being extracted, maybe 2g of actual DMT. They would find a big ol' monotub of cubes growing.

I live in NZ (I understand that the law here is going to be somewhat different to the law you've studied) and would like to know what would happen if I fucked up and was searched? I have no criminal record, I was hoping I would get off with a slap on the wrist as it's my first offense... But I believe I've covered production of A, B and C class drugs there so I'm not so sure they'll be so lenient.

Is there something I can do to easily reduce the consequences of being caught here? Would doing just 2 instead of 3 be the difference between a slap on the wrist and a real sentence, do you think?



Any way you look at it, they're gonna see that you have a big manufacturing operation.  While I don't know the specifics of NZ law, I'm pretty sure you're going to be looking at significant charges whether you're producing 2 or three substances.  In your situation, you shouldn't be managing consequences as much as managing risk of being caught in the first place.


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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: LySergic D]
    #16675007 - 08/10/12 04:16 AM (11 years, 9 months ago)

Quote:

LySergic D said:
Im hoping to be getting back my car from the officers who seized it next week. As im sure you remember i was recently picked up on three felony charges and a misdemeanor of Delivery/Manufacture of mushrooms.
What are the chances of something like a tracking device being somewhere on my car when i get it back. According to my lawyer, the narcotics team in my area are not real happy with me on account i wouldn't work for them.



Very low.  If you're really worried, just look for it.  It would be someplace that the cops could retrieve easily...usually under the car attached to the back of the bumper or something like that.


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Anonymous #11

Re: Ask a defense attorney [Re: Enlil]
    #16675054 - 08/10/12 05:02 AM (11 years, 9 months ago)

It's all personal use (seriously and honestly, it is) but I understand they won't see it that way.

Thanks for the advice man.
Keep on rockin' and don't let them OTD fags get you down
:awehigh:

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Anonymous #12

Re: Ask a defense attorney [Re: Anonymous #11]
    #16675347 - 08/10/12 07:54 AM (11 years, 9 months ago)

Enlil, first thanks for this thread, its really informative and I think we all appreciate it.

I have a question - I have a lot of drugs at my residence. I don't deal or anything, I just prefer to buy in bulk.

However if my place was ever raided I highly doubt I could plead the personal use defence as they would not believe it. My thoughts were to mitigate this risk by splitting up some of the supply. I keep everything in firesafe lock boxes. Would renting a storage unit, storing the majority of it there with other storage stuff (I have boxes of non-drug stuff that I could store) be a good idea?

Its not like I expect my place to be raided. I live in an apartment in a really nice neighborhood and only smoke weed in the farthest room with the door shut. Never have parties at my place, etc. Still, I don't like risk.

Question #2:
I order drugs to my place via. the mail. For example, an oz of ketamine split into half ounces. I have it sent to a PO box that is registered to me, but the address is a previous one I had (so not the current one I live at). Still since its my drivers license on the PO box its not like they wouldn't know who I was.

My question then is if they opened a package and found it, would that be grounds for a search warrant? Its not like they are going to sit at the PO box with a cop day after day hoping I will show up. How would they prove I ordered it?

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InvisibleDiploidM
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Re: Ask a defense attorney [Re: Anonymous #12]
    #16675605 - 08/10/12 09:32 AM (11 years, 9 months ago)

I order drugs to my place via. the mail.

FYI, in case you're not aware, you should never check a USPS DCN on their web site using TOR. I've heard reliable reports that if you do, it flags the package for greater scrutiny and in some cases can trigger in inspector to open it.

Best to avoid pinging the DCN unless the package goes missing, and then to do it from a library or your laptop through an open WiFi in the clear (not through TOR).


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Republican Values:

1) You can't get married to your spouse who is the same sex as you.
2) You can't have an abortion no matter how much you don't want a child.
3) You can't have a certain plant in your possession or you'll get locked up with a rapist and a murderer.

4) We need a smaller, less-intrusive government.

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Anonymous #12

Re: Ask a defense attorney [Re: Diploid]
    #16675655 - 08/10/12 09:44 AM (11 years, 9 months ago)

Quote:

Diploid said:
I order drugs to my place via. the mail.

FYI, in case you're not aware, you should never check a USPS DCN on their web site using TOR. I've heard reliable reports that if you do, it flags the package for greater scrutiny and in some cases can trigger in inspector to open it.

Best to avoid pinging the DCN unless the package goes missing, and then to do it from a library or your laptop through an open WiFi in the clear (not through TOR).




I never get items through registered / tracked mail. Everything is letterpost. I insist on this.

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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: Anonymous #12]
    #16676095 - 08/10/12 11:47 AM (11 years, 9 months ago)

Quote:

Anonymous said:
Enlil, first thanks for this thread, its really informative and I think we all appreciate it.

I have a question - I have a lot of drugs at my residence. I don't deal or anything, I just prefer to buy in bulk.

However if my place was ever raided I highly doubt I could plead the personal use defence as they would not believe it. My thoughts were to mitigate this risk by splitting up some of the supply. I keep everything in firesafe lock boxes. Would renting a storage unit, storing the majority of it there with other storage stuff (I have boxes of non-drug stuff that I could store) be a good idea?

Its not like I expect my place to be raided. I live in an apartment in a really nice neighborhood and only smoke weed in the farthest room with the door shut. Never have parties at my place, etc. Still, I don't like risk.




Your residence is the most highly protected place from a 4th amendment standpoint.  The probable cause needed to get a warrant to search a storage place is very little...if they need a warrant at all.
Quote:



Question #2:
I order drugs to my place via. the mail. For example, an oz of ketamine split into half ounces. I have it sent to a PO box that is registered to me, but the address is a previous one I had (so not the current one I live at). Still since its my drivers license on the PO box its not like they wouldn't know who I was.

My question then is if they opened a package and found it, would that be grounds for a search warrant? Its not like they are going to sit at the PO box with a cop day after day hoping I will show up. How would they prove I ordered it?



It showing up at the PO box probably isn't enough for a warrant, but it's enough for them to look more closely at you...if they find more, they might get a warrant eventually.


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OfflineSeussA
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Re: Ask a defense attorney [Re: Diploid]
    #16694513 - 08/13/12 05:03 PM (11 years, 9 months ago)

> FYI, in case you're not aware, you should never check a USPS DCN on their web site using TOR.

I've got a package coming to me from the US.  As soon as I get the tracking number, I will start nailing it with TOR and report back if the package was opened / inspected.  I'll do the same thing next time I send something to the US, but that happens a lot less frequently.


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