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OfflineToiletPaper
Level 6 Lazer Lotus

Registered: 01/25/15
Posts: 115
Loc: Right over there!
Last seen: 3 years, 11 months
Re: Ask a defense attorney [Re: Enlil]
    #21682049 - 05/15/15 07:54 AM (8 years, 8 months ago)

What stops police from making up probbable cause? ie "the car smelled like pot" or something else.


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Invisibletrippinballs420
Samall Johnson
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Registered: 09/17/12
Posts: 11,903
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Re: Ask a defense attorney [Re: ToiletPaper]
    #21682053 - 05/15/15 07:56 AM (8 years, 8 months ago)

integrity


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ModestMouse said:
"Much love for all of the regs here that's all I got to say
:goodnight: "

:heart:


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Offlinemushypanda
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Re: Ask a defense attorney [Re: Enlil]
    #21682286 - 05/15/15 09:22 AM (8 years, 8 months ago)

Quote:

Enlil said:
Quote:

mushypanda said:
Thank you Enlil!

I can't afford to hire a lawyer.

Would you be willing to give a bit of direction? Do I go to the county clerk to begin?



Start there, I suppose.  Every state has different procedures.  Some have a form, some don't.




Thanks again


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There is something to be said for nodding out to a spectacle of colors. Plus that body high & euphoria...._Dark-Star
We are entirely defined by what we do and how we treat others._daytripper05


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OfflineRewindicus
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Registered: 06/05/11
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Re: Ask a defense attorney [Re: mushypanda]
    #21688364 - 05/16/15 08:50 PM (8 years, 8 months ago)

Enlil this is my 3rd time posting in here gotta say your such an asset to the community your much appreciated.

I have a question......

Is talking/describing/teaching people how to do something illegal, illegal? I ask because I went to a local open forum in a public place and people were openly loudly describing extraction procedures material sourcing and how to cultivate illegal substances. The whole thing skeeved me out. I mentioned that maybe a little tact would benefit their response was all this info is available online and its not illegal to talk.

If a LEO were to come to one of these forums is there any possible repercussions of such public displays of illegal how tos?


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“Be who you are and say what you feel because those who mind don't matter and those who matter don't mind.”- Dr. Seuss

"Too much of a good thing, can be wonderful!" - Mae West

"If you have nothing nice to say about anyone, come sit next to me."
- Alice Roosevelt Longworth





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InvisibleEnlilMDiscord
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Registered: 08/16/03
Posts: 65,471
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Re: Ask a defense attorney [Re: Rewindicus]
    #21688379 - 05/16/15 08:54 PM (8 years, 8 months ago)

Helping someone commit a crime with the intention that he/she actually commit the crime, makes one an accomplice, and subject to a conviction for the same crime as the principal (the one actually doing it).


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OfflineRewindicus
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Re: Ask a defense attorney [Re: Enlil]
    #21689696 - 05/17/15 08:16 AM (8 years, 8 months ago)

alright followup what if someone gets busted and they say they learned from this forum? could there be litigation for the "teacher" based on the person caught saying they learned from someone?


--------------------
“Be who you are and say what you feel because those who mind don't matter and those who matter don't mind.”- Dr. Seuss

"Too much of a good thing, can be wonderful!" - Mae West

"If you have nothing nice to say about anyone, come sit next to me."
- Alice Roosevelt Longworth





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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: Rewindicus] * 1
    #21689771 - 05/17/15 08:48 AM (8 years, 8 months ago)

Yeah, the state could prosecute the teacher based on the testimony of the guy caught, but that would be an unlikely scenario.  Look at it this way:  The cops already have a guy who they caught with contraband.  Easy case to win.  Why would they give any credence to this guy pointing the finger at someone else, enough that they would go though the trouble of trying to find and prosecute that person based solely on the word of someone who they already have nailed solid.

If the accused told the cops that he purchased drugs from someone else, that'd be a different story.  That they might follow because they're looking for the big fish.  Going after someone for providing info isn't going to happen very often, and only in the situations where the cops know they can build a case.


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OfflineRewindicus
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Re: Ask a defense attorney [Re: Enlil]
    #21690345 - 05/17/15 12:16 PM (8 years, 8 months ago)

Got yah thanks man!


--------------------
“Be who you are and say what you feel because those who mind don't matter and those who matter don't mind.”- Dr. Seuss

"Too much of a good thing, can be wonderful!" - Mae West

"If you have nothing nice to say about anyone, come sit next to me."
- Alice Roosevelt Longworth





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Invisiblejohnm214
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Re: Ask a defense attorney [Re: Enlil]
    #21692606 - 05/17/15 10:11 PM (8 years, 8 months ago)

Quote:

Enlil said:
First, preschooler, I want to applaud your efforts at researching the law.  More people should do that, and I always encourage it.  The problem, of course, is that old adage, "A little knowledge is dangerous."

The Religious Freedom Restoration Act doesn't apply to state law.  It was ruled unconstitutional for that purpose.  See: City of Boerne v. Flores. This means you can't rely on the RFRA as a defense to any state prosecution.  The case you cited was about a federal prosecution.

Also, and this point is just for clarity, you shouldn't confuse statutory protections with Constitutional protections.  The Exercise Clause of the First Amendment is the highest law of the land, but not very powerful.  The RFRA is a federal law, but only insofar as it complies with the Constitution.  Since it violates section 5 of the Fourteenth Amendment, it is invalid as applied to the states.





But presumably, at least for a good RFRA defense, he'd be imbiding w/ a bunch of indians on a reservation, so wouldn't federal law be about all he needs to worry about?


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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: johnm214]
    #21692623 - 05/17/15 10:17 PM (8 years, 8 months ago)

It should be, but he was discussing use of the law for general exemption from prosecution of drug crimes.  He never mentioned a reservation.


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InvisibleBuck513
Registered: 04/17/14
Posts: 5,682
Re: Ask a defense attorney [Re: Enlil]
    #21692858 - 05/17/15 11:24 PM (8 years, 8 months ago)

Can you be my Saul Goodman?


--------------------
Fail to plan and you plan to fail.

Enter the Ban Lottery


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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: Buck513]
    #21692873 - 05/17/15 11:29 PM (8 years, 8 months ago)

Quote:

Buck513 said:
Can you be my Saul Goodman?



Let me know when you have 55 gallon drums full of cash.


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Censoring opposing views since 2014.

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InvisibleBuck513

Registered: 04/17/14
Posts: 5,682
Re: Ask a defense attorney [Re: Enlil]
    #21692875 - 05/17/15 11:30 PM (8 years, 8 months ago)

My man:vibin:


--------------------
Fail to plan and you plan to fail.

Enter the Ban Lottery


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Invisibledschmidt8
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Registered: 06/13/10
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Re: Ask a defense attorney [Re: Buck513]
    #21714133 - 05/23/15 01:03 PM (8 years, 8 months ago)

Last night i was parked on the street when a cop came and said they saw my car speeding earlier. They ended up leaving but said due to seeing me stumble if they saw me later they would pull me over. After an hour of sitting around i decided to leave. They were sitting nearby and started following me. I parked, they put on lights and came over to me. Demanded i get out. I asked for a supervisor and was told if i dont exit the car i will be assisted. I get out take a field sobriety test then a breathalyzer.
    I blew .1249 and ended up leaving in a ride from parents with owi and date of court.
  My question is if they had probable cause to pull me over an hour later due to a suspicion i was drinking just because they say i stumbled.


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Anonymous #93

Re: Ask a defense attorney [Re: dschmidt8]
    #21714362 - 05/23/15 02:21 PM (8 years, 8 months ago)

Wow, you were handed a get out of jail free card and you threw it away.


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Anonymous #28

Re: Ask a defense attorney [Re: dschmidt8]
    #21714926 - 05/23/15 05:11 PM (8 years, 8 months ago)

Quote:

dschmidt8 said:
Last night i was parked on the street when a cop came and said they saw my car speeding earlier. They ended up leaving but said due to seeing me stumble if they saw me later they would pull me over. After an hour of sitting around i decided to leave. They were sitting nearby and started following me. I parked, they put on lights and came over to me. Demanded i get out. I asked for a supervisor and was told if i dont exit the car i will be assisted. I get out take a field sobriety test then a breathalyzer.
    I blew .1249 and ended up leaving in a ride from parents with owi and date of court.
  My question is if they had probable cause to pull me over an hour later due to a suspicion i was drinking just because they say i stumbled.




I'm guessing they were just waiting to see you actually operating the motor vehicle since they saw a drunk guy parked.


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Invisibledschmidt8
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Re: Ask a defense attorney [Re: Anonymous #28]
    #21715014 - 05/23/15 05:51 PM (8 years, 8 months ago)

Yes but is their feason of saying they saw me stumble an hour beforehand enough for them to pull me over? Is that considered probable cause.


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Anonymous #93

Re: Ask a defense attorney [Re: dschmidt8]
    #21715301 - 05/23/15 07:26 PM (8 years, 8 months ago)



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OnlineShroomslip
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Re: Ask a defense attorney [Re: Anonymous #93]
    #21716060 - 05/23/15 11:53 PM (8 years, 8 months ago)

What happens if I refuse a field sobriety test? What action should I take? I've been wondering this since I got my license. I will appear drunk in one even if I'm sober. My balance, depth perception and all that is very poor, even sober. I doubt I'll even pass the follow the pen test, as I have a lazy eye and my eyes do not move smoothly because of it (I can only focus on one eye at a time and as things move, the focus constantly shifts to the more "optimal" eye, thus making a jerking, which is exactly what they're looking for).

Does a blood test instantly rectify this situation? Somehow I have a feeling that even if my blood read 0% I'd need to hire a lawyer and go through months of hassle.

So what am I supposed to do if I'm pulled over for suspected DUI knowing I will most likely fail whatever test he gives?


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With my face against the floor I can’t see who knocked me out of the way.
I don’t want to get back up but I have to so it might as well be today.
Nothing appeals to me no one feels like me, I’m too busy being calm to disappear.
I’m in no shape to be alone contrary to the shit that you might hear.


You can't wake up, this is not a dream. You're part of a machine, you are not a human being
With your face all made up, living on a screen. Low on self esteem, so you run on gasoline


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Invisibledschmidt8
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Re: Ask a defense attorney [Re: Shroomslip]
    #21716083 - 05/24/15 12:02 AM (8 years, 8 months ago)

If you fail a field sobriety test they will just have you take a breathalyzer. Most sober people cannot pass a sobriety test due to balance issues.


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