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Ellis Dee
Archangel



Registered: 06/29/01
Posts: 13,104
Loc: Fire in the sky
Last seen: 5 years, 2 months
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Re: Im in a sticky legal situation. Please help! [Re: Ellis Dee]
#16484633 - 07/05/12 09:59 AM (11 years, 10 months ago) |
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It's about making the best of a wreched situation.
-------------------- "If the foundations be destroyed, what can the righteous do."-King Solomon And there was war in heaven: Michael and his angels fought against the dragon; and the dragon fought and his angels,
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Ellis Dee
Archangel



Registered: 06/29/01
Posts: 13,104
Loc: Fire in the sky
Last seen: 5 years, 2 months
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Re: Im in a sticky legal situation. Please help! [Re: Enlil] 1
#16484641 - 07/05/12 10:00 AM (11 years, 10 months ago) |
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Quote:
Enlil said: All of this forfeiture nonsense is a sideshow of a sideshow...Decisions aren't made based on a few bucks like that. The smart thing is to not mention forfeiture unless they demand it as part of the offer...which is likely.
His attorney isn't going to go in and say "if he gives the state his car, will they drop it to a misdemeanor." That simply isn't how these negotiations go.
Yes it is. I've seen it before. OP I hope you have a better lawyer than Enlil.
-------------------- "If the foundations be destroyed, what can the righteous do."-King Solomon And there was war in heaven: Michael and his angels fought against the dragon; and the dragon fought and his angels,
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Ellis Dee
Archangel



Registered: 06/29/01
Posts: 13,104
Loc: Fire in the sky
Last seen: 5 years, 2 months
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Re: Im in a sticky legal situation. Please help! [Re: runningfox2002]
#16484648 - 07/05/12 10:04 AM (11 years, 10 months ago) |
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Quote:
runningfox2002 said: They prob could and just make him pay the rest of the bill. Not saying they would buy from what I've dealt with as far as accidents and insurance, they could are less and just assume you realized that. So if insurance makes you pay the rest of a car loan if it's totaled I'm sure the Leos would care less about keeping someone with the bill. Just not sure how seizures work or read about one.
If it meant staying out jail, even for me it'd be a pretty hard thing to give up(since it's paid off and can't afford another yet) I'd look At the fact I'd be in jail and not able to drive it and have a record and be very limited to jobs. I'd seriously look into what Alan suggested if it's an option.
Another anecdote, my boss told me how he knew this guy who had been through 9 first DUIs bc he kept paying off the huge fines and had a good lawyer. It's definitely about the benjis for sure...but then again DUI Court might be different than narcotic court.
It's about money and power. At the local criminal level it's much more about money because those involved don't have more money than they could ever spend for pleasure. Anyone that doubts the money motive is simply naive to the realities of the system's inherent corruption.
-------------------- "If the foundations be destroyed, what can the righteous do."-King Solomon And there was war in heaven: Michael and his angels fought against the dragon; and the dragon fought and his angels,
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Re: Im in a sticky legal situation. Please help! [Re: Ellis Dee]
#16484659 - 07/05/12 10:07 AM (11 years, 10 months ago) |
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OP's attorney will tell him the same shit. You're not qualified to render legal advice, and you sure as hell aren't qualified to render any kind of evaluation of my skills as an attorney...
You're giving worthless advice to someone with a real legal problem. This particular advice won't get him in worse trouble, but it might lead him to believe that he can somehow pay a fee to have his charges dropped. That isn't the case. Whether or not forfeiture occurs depends on many factors, and the prosecutor doesn't have a dog in that fight. Usually, the DA demands forfeiture as a part of the deal so that it removes the issue from future litigation. He/she couldn't care less about the value of the car or how much money the state may or may not make from it.
Your world view of how the government works is your choice, and you're welcome to spew your nonsense as much as you want in the conspiracy forum, but the OP here needs real-world advice...which you're clearly not competent to give.
Luckily, the OP is smart enough to figure that out.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
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Alan Rockefeller
Mycologist

Registered: 03/10/07
Posts: 48,392
Last seen: 2 days, 23 hours
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Re: Im in a sticky legal situation. Please help! [Re: Enlil]
#16484661 - 07/05/12 10:07 AM (11 years, 10 months ago) |
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Quote:
Enlil said: His attorney isn't going to go in and say "if he gives the state his car, will they drop it to a misdemeanor." That simply isn't how these negotiations go.
I got out of felony charges by giving them my car. That was the deal my lawyer made with the prosecutor. This was in Illinois.
I was going to fight the seizure and I was going to lose. It was a good deal.
This was 15 years ago and I still have never been convicted of a drug crime. I went on to work some great jobs and pass background checks, including for the federal government, which I would not have been able to do with a drug felony on my record.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Re: Im in a sticky legal situation. Please help! [Re: Alan Rockefeller]
#16484673 - 07/05/12 10:10 AM (11 years, 10 months ago) |
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Quote:
Alan Rockefeller said:
I got out of felony charges by giving them my car. That was the deal my lawyer made with the prosecutor. This was in Illinois.
I was going to fight the seizure and I was going to lose. It was a good deal.
This was 15 years ago and I still have never been convicted of a drug crime. I went on to work some great jobs and pass background checks, including for the federal government, which I would not have been able to do with a drug felony on my record.
I'm sure you did, but I can assure you that the DA wasn't concerned about making money for the state. The DA was only concerned about the future litigation of the forfeiture issue. The facts in your case lent themselves to offer you a good deal...If those facts didn't...the forfeiture wouldn't have helped...
In situations like this forfeiture is almost ALWAYS required for a deal..
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
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Ellis Dee
Archangel



Registered: 06/29/01
Posts: 13,104
Loc: Fire in the sky
Last seen: 5 years, 2 months
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Re: Im in a sticky legal situation. Please help! [Re: Enlil]
#16484800 - 07/05/12 10:51 AM (11 years, 10 months ago) |
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Quote:
Enlil said: OP's attorney will tell him the same shit. You're not qualified to render legal advice, and you sure as hell aren't qualified to render any kind of evaluation of my skills as an attorney...
You're giving worthless advice to someone with a real legal problem. This particular advice won't get him in worse trouble, but it might lead him to believe that he can somehow pay a fee to have his charges dropped. That isn't the case. Whether or not forfeiture occurs depends on many factors, and the prosecutor doesn't have a dog in that fight. Usually, the DA demands forfeiture as a part of the deal so that it removes the issue from future litigation. He/she couldn't care less about the value of the car or how much money the state may or may not make from it.
Your world view of how the government works is your choice, and you're welcome to spew your nonsense as much as you want in the conspiracy forum, but the OP here needs real-world advice...which you're clearly not competent to give.
Luckily, the OP is smart enough to figure that out.
I think you're the one giving out worthless advise here. I'm in Ohio and I know for a fact several people who's attorneys that have voluntarily offered to surrender bond money and in one case a house to get charges dropped. Alan is in Illinois and is saying the same thing. I have first hand experience seeing this happen. I also know for a fact of a case like this in Tennessee and in Florida. I feel very bad for your clients.
-------------------- "If the foundations be destroyed, what can the righteous do."-King Solomon And there was war in heaven: Michael and his angels fought against the dragon; and the dragon fought and his angels,
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Re: Im in a sticky legal situation. Please help! [Re: Ellis Dee]
#16484810 - 07/05/12 10:53 AM (11 years, 10 months ago) |
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Believe what you want. I'm not going to get into an intellectual battle with an unarmed man.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
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Ellis Dee
Archangel



Registered: 06/29/01
Posts: 13,104
Loc: Fire in the sky
Last seen: 5 years, 2 months
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Re: Im in a sticky legal situation. Please help! [Re: Enlil]
#16484824 - 07/05/12 10:56 AM (11 years, 10 months ago) |
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Quote:
Enlil said: Believe what you want. I'm not going to get into an intellectual battle with an unarmed man.
Congrats. In my 10+ years on the shroomery you are the first to be worthy of my ignore list.
-------------------- "If the foundations be destroyed, what can the righteous do."-King Solomon And there was war in heaven: Michael and his angels fought against the dragon; and the dragon fought and his angels,
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Alan Rockefeller
Mycologist

Registered: 03/10/07
Posts: 48,392
Last seen: 2 days, 23 hours
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Re: Im in a sticky legal situation. Please help! [Re: Enlil]
#16484829 - 07/05/12 10:58 AM (11 years, 10 months ago) |
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Quote:
Enlil said: I'm sure you did, but I can assure you that the DA wasn't concerned about making money for the state. The DA was only concerned about the future litigation of the forfeiture issue.
I agree. The DA probably didn't care much about my case at all.
Quote:
The facts in your case lent themselves to offer you a good deal...If those facts didn't...the forfeiture wouldn't have helped...
Actually the facts in my case would have definitely lead to my conviction. I sold acid to a CI.
The lawyer I hired knew the DA well and was friendly with the court, I think that had a lot to do with it.
Quote:
Enlil said: Believe what you want. I'm not going to get into an intellectual battle with an unarmed man.
Haha! Rail_gun isn't really a bad guy though, he does actually think, unlike some posters.
Quote:
Rail_Gun said: Congrats. In my 10+ years on the shroomery you are the first to be worthy of my ignore list.

Apparently he does occasionally get butthurt however.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Re: Im in a sticky legal situation. Please help! [Re: Alan Rockefeller]
#16484848 - 07/05/12 11:04 AM (11 years, 10 months ago) |
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Not the strength of the case, really. A good deal CAN be based on a weak case, but when you have a clean record, it's a bit different. Most DAs really aren't looking to ruin someone's life for one bad decision. They are, however, evaluated on their conviction rate.
I know nothing about your case, but I am guessing that your attorney talked to the DA and explained that you're really a "good kid" who made a bad choice...you've really got potential for a bright future, and it's clear that you've learned your lesson here, etc...
I sell this to prosecutors all the time. If I can get someone off with a diversion, dismissal, or petty misdemeanor...I do. Forfeiture is often required for the deal because without it, the case still lingers as a civil seizure case...and no one wants that.
Having a lawyer that knows the DA helps a lot. This is one of the reasons that I am able to negotiate such good deals sometimes. The prosecutors know me. They know I'm not going to bullshit them, so when I go to bat for a client's character, they know I'm probably giving it to them straight.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Re: Im in a sticky legal situation. Please help! [Re: Alan Rockefeller]
#16484867 - 07/05/12 11:12 AM (11 years, 10 months ago) |
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Quote:
Alan Rockefeller said:
Quote:
Enlil said: Believe what you want. I'm not going to get into an intellectual battle with an unarmed man.
Haha! Rail_gun isn't really a bad guy though, he does actually think, unlike some posters.
I agree. I actually meant he was unarmed insofar as he has no actual knowledge/experience with how these things actually work...I guess my wording was a bit more broad (and humorous) than that...
Anyway, I'm hoping to get my "ignored by" list up to double digits by the end of the summer.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
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LySergic D
Drink all day and rock all night



Registered: 10/20/11
Posts: 7,583
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Re: Im in a sticky legal situation. Please help! [Re: Enlil]
#16486032 - 07/05/12 06:07 PM (11 years, 10 months ago) |
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Well shit, i really hope i dont have to forfeit my car. Like i said, i owe 5 grand on it still. I do not have enough cash for another. This is my first offense and my lawyer said he should be able to get it back for me. Hopefully ill have some good news tomorrow.
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Broken heart don't feel so bad You ain't got half of what you thought you had Rock you baby to and fro Not too fast and not too slow
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DoDahDay
Stranger?



Registered: 10/10/10
Posts: 285
Loc: Bat country
Last seen: 2 years, 7 months
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Re: Im in a sticky legal situation. Please help! [Re: Alan Rockefeller]
#16486652 - 07/05/12 08:00 PM (11 years, 10 months ago) |
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Quote:
The lawyer I hired knew the DA well and was friendly with the court, I think that had a lot to do with it.
This is very important. I had many lawyers tell me this in my case. Less head butting in the deal and each other knows what they will do.
-------------------- "I fart in your general direction! Your mother was a hampster and your father smelt of elderberries!"
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Anonymous #2
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Re: Im in a sticky legal situation. Please help! [Re: DoDahDay]
#16488093 - 07/06/12 12:18 AM (11 years, 10 months ago) |
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Love and Light your way brother.
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Alan Rockefeller
Mycologist

Registered: 03/10/07
Posts: 48,392
Last seen: 2 days, 23 hours
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Re: Im in a sticky legal situation. Please help! [Re: LySergic D]
#16488096 - 07/06/12 12:20 AM (11 years, 10 months ago) |
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Quote:
LySergic D said: This is my first offense and my lawyer said he should be able to get it back for me.
I don't know about that, asset forfeiture is really difficult to challenge because the standard of evidence required is low. If they can prove that you sold drugs in your car, I am not sure why your lawyer thinks he can get it back.
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mushroom_sandwich
semi retarded



Registered: 04/17/12
Posts: 2,803
Last seen: 8 years, 3 months
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Re: Im in a sticky legal situation. Please help! [Re: Alan Rockefeller]
#16488511 - 07/06/12 02:24 AM (11 years, 10 months ago) |
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It sucks that this is happening to you. I enjoy your posts and you seem like a good guy. I sincerely hope everything works out for you man.
-------------------- “I believe in a long, prolonged derangement of the senses to attain the unknown. Our pale reasoning hides the infinite from us."
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budmanman
OTD Masterbater



Registered: 02/07/07
Posts: 18,264
Loc: PNW
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Re: Im in a sticky legal situation. Please help! [Re: LySergic D]
#17160244 - 11/04/12 03:24 PM (11 years, 6 months ago) |
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See if you can apply for drug court
-------------------- Everything I have ever said is total bogus bs I am full of crud therefore everything I say should never be taken literal. And I am mentally unstable.
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CounterCulturest
-Positive Mental Attitude-

Registered: 01/18/10
Posts: 3,662
Loc: Nesting on modems
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Re: Im in a sticky legal situation. Please help! [Re: budmanman]
#17163254 - 11/05/12 12:20 AM (11 years, 6 months ago) |
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Update on this OP ?
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Dark_Star
train driver pervading a desktop


Registered: 08/20/04
Posts: 31,859
Loc: Uranus
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Re: Im in a sticky legal situation. Please help! [Re: CounterCulturest]
#17163703 - 11/05/12 03:51 AM (11 years, 6 months ago) |
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He's in jail man.
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