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Humility
Working on it



Registered: 10/07/08
Posts: 6,745
Last seen: 7 years, 2 months
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Re: Ask a defense attorney [Re: Enlil]
#16547326 - 07/17/12 11:11 PM (11 years, 9 months ago) |
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We'll see dude. I think it's fully material to my case whether or not there are multiple glaring inaccuracies in the report of the arresting officer at the time of the arrest.
This is why I don't like the "justice" system. This guy can't write up a report and have half of it be wrong, lying about what witnesses said in reference to my character and such and you or anyone else just say "THAT'S NOT RELELVANT, OBJECT!".
It's ENTIRELY fucking relevant. Either way I'm going to be okay but you really need to reconsider what you're doing here man. It's a clear indicator that this "officer of the law" is less than fully veritable, which is what all officers are made out to be.
I'm not saying you're not right in regards to law, but there will be hell to pay for this shit man. This is downright *rotten*. There are so many rules and laws about what you CAN'T do to defend yourself from being put into a cage and the karma of that, whether or not you or anyone else believes it, will come back to haunt everyone.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Re: Ask a defense attorney [Re: Humility] 1
#16548062 - 07/18/12 04:52 AM (11 years, 9 months ago) |
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The rules of evidence exist to maximize the fairness of trials and minimize the unfairness.
I never said that inaccuracies on a police report aren't relevant...They just aren't the bombshell that you seem to think that they are. Attacking the credibility of a witness is very rarely about proving that they are lying. More often, it is about showing that the witness has an imperfect memory or perception of the event.
If you were written a ticket for driving 100 in a 50mph zone, and the cop wrote the wrong day of the week on the ticket, would that really make it any less likely that you were speeding?
Similarly, your criminal record and your father's statments have no bearing on whether or not you resisted arrest. You can certainly challenge the cop on those statements, but you're not going to be allowed to present a bunch of evidence to disprove those statements because they aren't relevant to your case...
Like I said, I would use the false belief in a violent history to paint the situation as being one where the cop, under the false belief that you were a violent person, jumped to some conclusions improperly...
You're never going to sell that the cop intentionally lied about your record...and it's unlikely that you're going to sell that he intentionally lied about your father's statements.
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Humility
Working on it



Registered: 10/07/08
Posts: 6,745
Last seen: 7 years, 2 months
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Re: Ask a defense attorney [Re: Enlil]
#16548089 - 07/18/12 05:08 AM (11 years, 9 months ago) |
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I agree. I don't even know that he did lie. I also agree it's best to attack his credibility in regards to error rather than intentional deception.
I'll let you know how the case turns out man, it's gonna be some months though.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Re: Ask a defense attorney [Re: Humility]
#16548133 - 07/18/12 05:35 AM (11 years, 9 months ago) |
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Don't be surprised if the offer from the state keeps getting lower as trial approaches...I would say that there is about a 50% chance that the prosecutor drops the case on the eve of trial...
The case against you is bullshit, and once the DA looks more closely at it to prepare for trial, he/she is going to be less and less enthusiastic about working so hard to tarnish your clean record for not rolling down your window fast enough.
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cloudpersona
I don't even...
Registered: 12/17/11
Posts: 1,285
Last seen: 6 years, 6 months
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-------------------- “The shaman is not merely a sick man, or a madman; he is a sick man who has healed himself.” – Terence McKenna “If the words ‘life, liberty, and the pursuit of happiness’ don’t include the right to experiment with your own consciousness, then the Declaration of Independence isn’t worth the hemp it was written on.” -Terence McKenna
Edited by cloudpersona (11/30/12 01:12 PM)
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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They can charge you with conspiracy to distribute a controlled substance...Of course, the case hinges on this dude's testimony. If all they have is his word, that is a pretty weak case. Most likely, you wouldn't get charged.
They might, however, use his statement to get a warrant and search your place.
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cloudpersona
I don't even...
Registered: 12/17/11
Posts: 1,285
Last seen: 6 years, 6 months
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-------------------- “The shaman is not merely a sick man, or a madman; he is a sick man who has healed himself.” – Terence McKenna “If the words ‘life, liberty, and the pursuit of happiness’ don’t include the right to experiment with your own consciousness, then the Declaration of Independence isn’t worth the hemp it was written on.” -Terence McKenna
Edited by cloudpersona (11/30/12 01:13 PM)
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Adden

Registered: 06/04/03
Posts: 39,201
Loc:
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Funny how fast you learn who your real friends are.
I have no qualms saying I've got three. I'd trust them all with my life in absolutely any endeavor for myself or for them.
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cloudpersona
I don't even...
Registered: 12/17/11
Posts: 1,285
Last seen: 6 years, 6 months
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-------------------- “The shaman is not merely a sick man, or a madman; he is a sick man who has healed himself.” – Terence McKenna “If the words ‘life, liberty, and the pursuit of happiness’ don’t include the right to experiment with your own consciousness, then the Declaration of Independence isn’t worth the hemp it was written on.” -Terence McKenna
Edited by cloudpersona (11/30/12 01:13 PM)
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Anonymous #3
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Re: Ask a defense attorney [Re: Adden]
#16550609 - 07/18/12 04:59 PM (11 years, 9 months ago) |
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Alright bro I hope you can ease my mind. I'm being charged with assault on a female..to make a long story short She attacked me cause I wouldn't let her drive accross town to buy pills. Mind u that we just had a baby together a month ago she is breast feeding smoking herb drinking occasionally and then she bought a pack of cigs just the other day. So I'm not letting drive after she had 2 vodka drinks. Well she starts verbally abusing me telling me I hide pills from her and stuff. So she throws a good size rock at me I dodge it and tell her to get out. She says no so I start packing a night bag at which time she grabs me and hits me in the back I turn around and shove her outta the way she then jumps on my back and starts trying to hit me from behind I try and slam her into the wall to get her off me! We then both trip up on the coffee table and she goes face first into the wall and Ac unit busts her face open It takes me a minute to get up she then starts to choke me I punched her in the face pretty hard she goes to the ground I then try and get outta there but her six year old is standing there crying.We both tell her to go over to the other side of the house after she leaves I'm trying to get out she grabs the back of my shirt rips it of me and punches me I may have hit her again I don't remember?I'm not proud.of any of this and its the first time I've punched a Girl...She is pressing charges but doesn't remember any of the fight. What kind of trouble am I in? I'll tell u part 2 in a little bit thanks!!
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Expect to be charged with assault. Expect a restraining order.
If she truly can't remember it, you won't be convicted at trial...someone has to testify that you did it...and if she can't remember, she won't be able to do that.
Having said that, the state will probably take it all the way...even subpoena her to testify if she changes her mind.
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Anonymous #4
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Re: Ask a defense attorney [Re: Enlil]
#16550883 - 07/18/12 06:05 PM (11 years, 9 months ago) |
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Lets say for instance, that the police knew my address, and knew that my account here on the shroomery was associated with me & my home address.
In your opinion, would it be enough to have a warrant served based on posting mushroom grows (with pictures) here on this forum from either my home IP address or the IP address that is not my home IP address?
Edited by Anonymous (07/18/12 06:19 PM)
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Anonymous #3
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She went to the Hospital and I went to jail I have been charged with assault and did admit to punching here once. I know I can't take that back but I was really trying to get out of there. Here is the thing while I was in jail She had her parents come help her move. Well she took everything that O own and paid for I still have receipts. She took over $3000 worth of my electronics also said she flushed my prescriptions down the toilet but O doubt that since they where klonopin percocet and ambien. Should I file a theft charge against her? Also do u know if they would have drug tested her at. The hospital. I don't see my lawyer till next week. Thanks for the info and any advive
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Quote:
Anonymous said: Lets say for instance, that the police knew my address, and knew that my account here on the shroomery was associated with me & my home address.
In your opinion, would it be enough to have a warrant served based on posting mushroom grows (with pictures) here on this forum from either my home IP address or the IP address that is not my home IP address?
Maybe. If your posts left the impression that you were currently growing at home, and the posts were timely...
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Quote:
Anonymous said: She went to the Hospital and I went to jail I have been charged with assault and did admit to punching here once. I know I can't take that back but I was really trying to get out of there. Here is the thing while I was in jail She had her parents come help her move. Well she took everything that O own and paid for I still have receipts. She took over $3000 worth of my electronics also said she flushed my prescriptions down the toilet but O doubt that since they where klonopin percocet and ambien. Should I file a theft charge against her? Also do u know if they would have drug tested her at. The hospital. I don't see my lawyer till next week. Thanks for the info and any advive
You have to take her to small claims court for the value of your stuff...the cops can't and won't do anything about it.
Your confession is probably enough to convict you along with the girls injuries...unless you get the confession suppressed, you're probably sunk.
They probably wouldn't have drug tested her, and it wouldn't matter anyway.
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nooneman


Registered: 04/24/09
Posts: 14,700
Loc: Utah
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Re: Ask a defense attorney [Re: Enlil]
#16551299 - 07/18/12 07:45 PM (11 years, 9 months ago) |
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Quote:
Enlil said:
Quote:
Anonymous said: Lets say for instance, that the police knew my address, and knew that my account here on the shroomery was associated with me & my home address.
In your opinion, would it be enough to have a warrant served based on posting mushroom grows (with pictures) here on this forum from either my home IP address or the IP address that is not my home IP address?
Maybe. If your posts left the impression that you were currently growing at home, and the posts were timely...
Correct me if I'm wrong here Enlil, but won't the IP addresses not be factored in?
The police would need to get logs from the server to know that a specific IP address is associated with a specific username, and to my knowledge the Shroomery has never turned over any logs to the police. Of course, you could still be possibly raided just from knowing the username was associated with a specific person at a specific address, but I don't think the IP would come into play.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Re: Ask a defense attorney [Re: nooneman]
#16551331 - 07/18/12 07:50 PM (11 years, 9 months ago) |
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The ip is a way to track someone down, but the facts that I was given assumed that the cops already knew the account was associated with a particular person and address.
Truthfully, chasing someone with ip doesn't happen a lot. It is the kind of thing largely reserved for serious violent crimes.
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NizzyJones
Fight evil with funk



Registered: 08/22/06
Posts: 2,082
Loc: Somewhere North of Normal
Last seen: 2 years, 12 days
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Re: Ask a defense attorney [Re: Enlil]
#16551563 - 07/18/12 08:34 PM (11 years, 9 months ago) |
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I'm not sure how much you can speak to the way curtilage is currently handled in general but I assume it's more or less the same state-to-state since it's primarily based on the 4th. Specifically I'm interested in how it relates to a house on gated property, with the gate locked. First how would it relate to a gate and no wall so that it still allows foot access to a driveway marked 'No Trespassing', that is what level of evidence or suspicion would be enough for law enforcement officers to enter. My first guess is 'none' but I figure it's worth asking.
Second what if you have the gate set into a wall or hedgerow so that it doesn't allow foot access? Is there any difference?
-------------------- Wildflower seed on the sand and stone, may the four winds blow you safely home Curriculum vapidum (dry herb vapes)
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Re: Ask a defense attorney [Re: NizzyJones]
#16553125 - 07/19/12 04:33 AM (11 years, 9 months ago) |
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The four factors determining whether a piece of property is curtilage: 1. Distance - The size and proximity of the area to the house. 2. Enclosure - How enclosed the area is. 3. Use - The type of activity done in the area 4. Protection from Observation - Steps to purposely obscur the area from view
In your hypothetical, there are not enough facts to really analyze most of these factors, since I know nothing about the size, proximity, use, or amount of protection from observation.
Failure to fully enclose does not necessarily defeat a claim that the area is curtilage. If the opening is in the front to a public street...most likely it won't be curtilage. If it is in the back to another part of the same property...it might be.
I have found that the most important factors of curtilage are use and protection. If the area is used for intimate family/home stuff...it's much more likely to be curtilage. Similarly, if opaque walls or high hedges surround it...same deal.
The second part of your question should be obvious by now...yes...full enclosure makes a difference.
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BoldAsLove
Pokemon Master


Registered: 03/10/11
Posts: 2,549
Loc: Kanto Region
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Re: Ask a defense attorney [Re: Enlil]
#16555575 - 07/19/12 05:11 PM (11 years, 9 months ago) |
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I have a question (I live in Oregon if that helps):
Today I find out that when I turned 18 some lady at the DA's office arbitrarily decided that my mom would have 100% custody. The original divorce agreement was for 50-50 custody. I was not notified of this decision ever and it fucks me and my dad over royally. My dad now owes 4 times what he did in child support, despite that he just got cut to half time at work. I also lose my health insurance and my tuition discount that I got at my university. The change happened over a year ago, but they were re-evaluating the child support now which is why I just found out about it.
I called the lady at the DA's office to see what had happened, and the lady says she just arbitrarily chose I would be my moms and didn't even notify me of it. She says she can't (or won't) change it back.
Is this legal? Is there anything that I can do about it?
-------------------- DISCLAIMER: None of the ideas expressed above are actually mine. They are told to me by Luthor and Ferdinand , the five inch tall space aliens who live under my desk. In return for these ideas, I have given them permission to eat any dust bunnies they may find under there.
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