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Humility
Working on it



Registered: 10/07/08
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Case dismissed 1
#17851305 - 02/23/13 05:48 AM (11 years, 2 months ago) |
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Make sure, whether you have a Public defender or not to be apprised of the law and to be constantly asking questions. I looked up my state's laws and the county laws and Speedy Trial deadlines here stipulate 365 days. My case had been active for close to 400 days and I never received any call from the public defender's office.
I called them and told them about the law and that I was filing a motion to dismiss. They said I couldn't do that unless I went pro se (represented myself), so I told them to get the fuck on it. The first motion hearing was delayed until two weeks later because they scheduled a "councilor" instead of a fucking judge. At the second hearing the case was dismissed.
Now I need to get the record of this bullshit expunged, which is going to cost upwards to $125 just for the documents. This entire thing is a fucking racket but I'm glad to be giving these corrupt fuckers as little money as possible. In the mean time I'm going to apply for some jobs and see how things go now that I'm free and clear of any charges.
Here's the backstory:
I have a pending court case involving a sworn officer's statement that's filled with lies, two of which I can factually prove though there were many other lies within the story the officer told:
Lie #1 - Officer claims my father made a statement that my father can and will testify in court that he did not make. This statement is not relevant to my charges but the officer claims my father made negative comments regarding me in an effort to defame my character
Lie#2 - Officer claims in his report that I am a "repeat violent convicted offender with a history of committing similar acts such as this" and I have absolutely zero record in my history. Nothing has been expunged, no juvenile record, no nothing except moving violations.
The primary charge is resisting arrest and I have a jury trial. What is my chance of having the officer's credibility, testimony and sworn statements throttled with evidence of two flagrant inaccuracies, one of which are present in the State's own databases?
Further, in my state resisting arrest requires two features -
That an individual "flee from an officer, delay or obstruct an officer from conducting a detention or arrest" and that that action happen "intentionally".
One officer *requested* "Hey buddy, would you like to roll your window down for me a bit" to which I responded that I did mind; he went away and retrieved his superior officer (in the car with him), that second officer requested it in a demanding tone "I want you to lower that window!" and when I attempted to clarify if the second officer was requesting or demanding/ordering he interrupted me and then said (order) "Put that motherfucking window down right now!" at which point I began to do that, then he drew his service weapon on me pointed at my head and screamed at me "DON'T MOVE!!! If you move I'll shoot you in your fucking head/blow your fucking head off." Officer claims he saw a gun. There is no proof that I've ever owned a gun in my life, and I'll testify that I have never owned a gun in my life though I did have a costume prop inside of my car that was not defaced at all (orange tip still present) and it is fully legal in my state to have a fully loaded rifle in the car without any registration, license or CCW as long as it's not concealed.
This officer then repeatedly ordered me to roll my window down (move my hands in an area he couldn't see them), to which I told him that I didn't feel comfortable moving because he just told me he'd kill me if I moved.
Traffic stop ended with officer 3 reaching in through my driver's side window (it was down enough for me to pass documents to them, communicate with them and for them to stick their entire arm in through my window), unlocking my door and then opening my door from outside. The rest of the traffic stop was text-book as I stepped out of the car immediately when commanded and went with them completely voluntarily.
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CidneyIndole
www.shroomery.OG



Registered: 05/16/05
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Re: Case dismissed [Re: Humility]
#17853413 - 02/23/13 04:39 PM (11 years, 2 months ago) |
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Damn. Good luck with this, man. Sounds like some typical cop bullshit, to me.
Quote:
Humility said: "I want you to lower that window!" and when I attempted to clarify if the second officer was requesting or demanding/ordering he interrupted me and then said (order) "Put that motherfucking window down right now!" at which point I began to do that, then he drew his service weapon on me pointed at my head and screamed at me "DON'T MOVE!!! If you move I'll shoot you in your fucking head/blow your fucking head off."
This officer then repeatedly ordered me to roll my window down (move my hands in an area he couldn't see them), to which I told him that I didn't feel comfortable moving because he just told me he'd kill me if I moved.
Seriously bullshit. And I agree that those are conflicting instructions. If this goes to trial, I pray you have someone as reasonable as myself on your jury.
Requesting clarification from cops should not be grounds for a resisting charge. I say again: bullshit.
And again, good luck!
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Humility
Working on it



Registered: 10/07/08
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You didn't hear me bro, the case was dismissed on Speedy trial guidelines.
I looked it up and expungement is like 125 dollars at least. This fucking system man....
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Shroomism
Space Travellin



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Re: Case dismissed [Re: Humility]
#17856136 - 02/24/13 01:48 AM (11 years, 2 months ago) |
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Better $125 and case dismissed then whatever the alternative would have been
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sidewayz6.6
Bewildered White Boy


Registered: 07/27/07
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So why did they arrest you? Just because you were giving them a hard time? I don't get it.
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0324
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The best thing to do in these situations is to just fucking cooperate. Think rationally, think intelligently, not emotionally and stupidly. What do you have to gain from giving the cops a hard time? I know it's bullshit that cops can treat people poorly, but next time you may not be so lucky as to get your case expunged. I know you're probably going to reply that I'm "a slave to the system" or some nonsense. No, I simply understand when I have nothing to gain, and a LOT to lose. No matter how badly they violate my rights as a human, I'd rather get through it with my dignity being scathed.
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trip352
the not so new guy



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Re: Case dismissed [Re: 0324]
#17857205 - 02/24/13 10:55 AM (11 years, 2 months ago) |
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well that's good for you... That's where your line is drawn and every man must decide that for them selves
if everyone just complied (>95%) then it would just get worse and worse till... oh shit... it did... and its only getting worse. I am thankful for every person I see stand up for their rights, its why we still have any at all.
Congrats on the dismissal dude... You did it the right way!
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0324
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Re: Case dismissed [Re: trip352]
#17857739 - 02/24/13 01:02 PM (11 years, 2 months ago) |
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We're in a shitty situation. It's not like he was being denied the right to see his family. He was being denied the right to not speak to a cop when the cop pulled him over. Really worth going to prison? Yeah, doing that is really going to change how the criminal justice system works. I'm sorry, but I'm not going to a steel cage where people get raped and murdered daily so that I can possibly make a dent in the rights we have.
Edited by 0324 (02/24/13 01:04 PM)
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CidneyIndole
www.shroomery.OG



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Re: Case dismissed [Re: Humility]
#17863658 - 02/25/13 02:35 PM (11 years, 2 months ago) |
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Quote:
Humility said: You didn't hear me bro, the case was dismissed on Speedy trial guidelines.
I looked it up and expungement is like 125 dollars at least. This fucking system man....
No, sadly I heard you.... my dumb ass just spaced and forgot that part by the time I got to the end. Sorry about that. Been a stressful week.
And yeah... they really do try to milk you every chance they get.
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Humility
Working on it



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Re: Case dismissed [Re: 0324]
#17867957 - 02/26/13 08:21 AM (11 years, 2 months ago) |
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Quote:
0324 said: We're in a shitty situation. It's not like he was being denied the right to see his family. He was being denied the right to not speak to a cop when the cop pulled him over. Really worth going to prison? Yeah, doing that is really going to change how the criminal justice system works. I'm sorry, but I'm not going to a steel cage where people get raped and murdered daily so that I can possibly make a dent in the rights we have.
Incorrect bro. I was being "denied the right" to not have a gun pointed at me because I didn't follow "orders" phrased as requests (not an order) as quickly as the government thug with a gun wanted me to.
Doing what I did DOES change the way the criminal justice system works, but it works a lot better if you flood the system by having lots of people do it in a relatively small area - say New Hampshire as a part of the Free State Project.
www.freestateproject.org
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Pelidc
Uberlord



Registered: 01/24/13
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Re: Case dismissed [Re: Humility]
#17867965 - 02/26/13 08:25 AM (11 years, 2 months ago) |
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I saw your story in Enlil's thread where he basically said that the lies in the cop's testimony didn't really make any difference in any way. But still, good on ya for getting out of it.
-------------------- "But I don't want comfort. I want God, I want poetry, I want real danger, I want freedom, I want goodness. I want sin." "In fact," said Mustapha Mond, "you're claiming the right to be unhappy." "All right then," said the Savage defiantly, "I'm claiming the right to be unhappy."
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Enlil
OTD God-King




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Re: Case dismissed [Re: Pelidc] 1
#17867987 - 02/26/13 08:35 AM (11 years, 2 months ago) |
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What made the difference in this case was Humility staying on top of his case and working the right to speedy trial. Good job.
The fact that your attorney missed that is pretty sad. I would have been counting the days, and I would have the motion drafted and ready to file on day 366.
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total
Post Office Tyvek Advocator



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Re: Case dismissed [Re: Enlil]
#17874914 - 02/27/13 01:57 PM (11 years, 2 months ago) |
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How often does this type of thing happen? Not the arrest, but a case dismissed due to the right to a speedy trial?
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Enlil
OTD God-King




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Re: Case dismissed [Re: total]
#17874956 - 02/27/13 02:02 PM (11 years, 2 months ago) |
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Not often. The Constitutional right to a speedy trial is a joke. No court has ever set a time limit for it, and it doesn't even start until after indictment. In addition, the time only ticks for as long as the defendant is pushing for a trial...failure to keep pushing for a speedy trial acts as a temporary waiver of the right.
Different states have their own speedy trial rights...or in some cases, just speedy trial guidelines. These are generally more protective of the rights, but still don't come into play a lot. Prosecutors are quite aware of these dates, and every law office that I've ever heard of has "tickler" systems to give warnings of these kinds of deadlines in enough time to do something about it.
This is why Humility's lawyer missing it is pretty pathetic. There's really no excuse, and if he had been convicted, Humility would have been able to appeal on the grounds of ineffective assistance of counsel.
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Humility
Working on it



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Re: Case dismissed [Re: Enlil]
#17876070 - 02/27/13 05:19 PM (11 years, 2 months ago) |
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Yeah my assistant public defender was a joke. He kept telling me to plea even though I told him I wouldn't and that I hadn't committed the charges.
Speedy trial guidelines aren't QUITE a joke. They are VERY dependent upon state though. Look no further than the case of these two gentlemen who were held for over 8 years in PRE-TRIAL DETENTION - yes these two men had not been convicted of ANY crime, and were being denied bail for EIGHT YEARS while the state of Louisiana got itself ready to try them.
Result? Both of them were acquitted.
http://www.nola.com/crime/index.ssf/2010/07/right_to_a_speedy_trial_not_vi.html
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Enlil
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Re: Case dismissed [Re: Humility]
#17876088 - 02/27/13 05:21 PM (11 years, 2 months ago) |
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Constitutional speedy trial right is a joke...at least the federal constitution.
State laws are another matter altogether.
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CidneyIndole
www.shroomery.OG



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Re: Case dismissed [Re: Enlil]
#17880178 - 02/28/13 01:23 PM (11 years, 2 months ago) |
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IMO right to counsel is a bit of a joke as well.
I'm not saying these people should work for free... but is it really stipulated in the original law that if you can't afford counsel, you get appointed some random-ass lawyer not of your choosing, who is usually borderline incompetent or not-giving-a-fuck at best, only to have to pay the court back (or face other consequences)?
I guess it's nice that they give you something... but in my experience, in many cases these people don't do a hell of a lot for you... and yet not having one can make you feel quite lost.
Our legal system is truly fucked. In many ways. As far as I can see true justice is somewhat rare, in the justice system. If I thought I had the patience or the time, I'd almost consider going back to school for law. IDK if I could hack that shit though.... the legal system really does drive my nuts, as interesting as I may find it....
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Enlil
OTD God-King




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Appointed counsel is definitely a mixed bag. Some states just point a finger at a random lawyer and say "you...go!" It might be a real estate lawyer getting a murder case. It's a shitty deal
Other states do much better. They pay public defenders a decent salary and often end up hiring people with a true passion for criminal defense.
If you're in the south, though...you're fucked.
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fastfred
Old Hand



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Re: Case dismissed [Re: Enlil]
#17901163 - 03/04/13 03:49 AM (11 years, 2 months ago) |
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I would go around to your local lawyers and get some free consultations to see what's up.
IME it's highly unlikely that you're going to get your arrest record expunged. It's not that hard to get some court records sealed or expunged, but the arrest record is more difficult.
Be sure to let us know what you find out.
-------------------- It drinks the alcohol and abstains from the weed or else it gets the hose again. -Chemy The difference between the substances doesn't matter. This is a war on consciousness, on our right to the very essence of what we are. With no control over that, we have no need to speak of freedom or a free society. -fireseed "If we are going to have a war on marijuana, the least we can do is pull the sick and the dying off the battlefield." -Neal Levine (MPP) I find the whole "my drug should be legal but yours should be illegal" mindset disgusting and hypocritical. It's what George Bush and company do when they drink a cocktail and debate the best way to imprison marijuana users. -Diploid
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stillblazing
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Re: Case dismissed [Re: Humility]
#17916956 - 03/07/13 01:16 AM (11 years, 2 months ago) |
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fuuuuuuck the police.
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