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Vitalux
Stranger from the next universe



Registered: 02/15/11
Posts: 2,695
Loc: Canada
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Re: Judge visited my house [Re: the_jerk]
#18011191 - 03/25/13 09:22 PM (11 years, 1 month ago) |
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Quote:
the_jerk said:
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sloantbone said: I once was driving my pickup truck along the highway and I was pulled over by a highway patrol cop.
He opened my truck glovebox and found a quarter pound of marijuana.
He charged me for possession of marijuana.
I pleaded not guilty in court, because I said, I had no knowledge that marijuana was in the glove box, and further that I had no involvement or knowledge about it whatsoever.
The basis was that they had no way to prove that I was aware of it or tied to it knowingly.
Case was dismissed.
I am from Canada.
I'm willing to bet it was not dismissed solely on the grounds that you "had no knowledge of it" A quarter pound of weed doesn't just appear in someones glovebox.
I would bet there were other issues that led to the dismissal. For example: what reasonable and probable grounds did he have for searching the vehicle in the first place. Stopping someone for speeding is not grounds for a full vehicle search. Perhaps errors or inaccuracies in paperwork or other technicalities were brought to light during your case.
If you could get off if you didnt knowingly commit a crime people would both intentionally keep themselves in a state of ignorance of the law and if they do know the law they would pretend they didnt.
Heres an example scenario: If you are shopping and you forget to ring something through and walk out with it, it is shoplifting. If it was a genuine accident (maybe the item was in the bottom of the buggy and you forgot to put it on the belt at the supermarket) and you walked out with it after paying for the rest of the items, you would have the defense that you didn't knowingly commit the crime. This claim would be further backed up by the fact that you willingly paid for every other item. Regardless, in this scenario the store would just ask you to pay for it and correct the issue rather than charge you.
not sure what you are saying ....but the case was as simple as that. When you understand more about the legal system, and you stop being afraid of it, and use your head to reason ....life is simple.
I have never been in jail, and the reason why is because I take my own advice
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Re: Judge visited my house [Re: Vitalux]
#18017744 - 03/27/13 07:15 AM (11 years, 1 month ago) |
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You're sorely misinformed.
If you didn't know there was weed in the car, there was no mens rea...which is a legal term to describe the required state of mind for a crime.
Mens rea for drug possession is "knowingly"...this means if you "know" you possess marijuana, you can be convicted...
That is not the same as being "aware that you're breaking the law," as you originally claimed was the issue...You don't have to know that possessing marijuana is illegal to be convicted...you just have to know you're possessing it.
Similarly, OP wouldn't have to know that the shrooms are scheduled...he would just have to know that they contain psilocin or psilocybin.
PS: Judges are lawyers...so if you shouldn't trust lawyers, why should the OP trust a judge that visits his house?
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
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Vitalux
Stranger from the next universe



Registered: 02/15/11
Posts: 2,695
Loc: Canada
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Re: Judge visited my house [Re: Enlil]
#18021097 - 03/27/13 09:19 PM (11 years, 1 month ago) |
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Enlil said: You're sorely misinformed.
If you didn't know there was weed in the car, there was no mens rea...which is a legal term to describe the required state of mind for a crime.
Mens rea for drug possession is "knowingly"...this means if you "know" you possess marijuana, you can be convicted...
That is not the same as being "aware that you're breaking the law," as you originally claimed was the issue...You don't have to know that possessing marijuana is illegal to be convicted...you just have to know you're possessing it.
Similarly, OP wouldn't have to know that the shrooms are scheduled...he would just have to know that they contain psilocin or psilocybin.
PS: Judges are lawyers...so if you shouldn't trust lawyers, why should the OP trust a judge that visits his house?
Well lets just say in terms of how I see lawyers, they are just con men.
Like I have pointed out before, in my educated opinion, lawyers are the lowest lifeforms in the universe. They lie, they deceive and they are quiet sincere when they do.
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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: Judge visited my house [Re: Vitalux] 1
#18021535 - 03/27/13 10:47 PM (11 years, 1 month ago) |
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sloantbone said: Well lets just say in terms of how I see lawyers, they are just con men.
Some are more honest than others, but I have always had good experiences with lawyers. They have always been honest with me and have gotten me out of a good bit of trouble. I wouldn't want to go against the system alone, I would lose.
Lawyers are generally smart people, and they have a very interesting perspective on the world.
Some lawyers are awesome - Enlil slaves his ass off for random people for pennies on the dollar of what he could be making. I have some friends at the EFF who are lawyers and they have dedicated their careers to keep the internet free.
There are scum lawyers too but they are easy to avoid - you just don't hire them.
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Maharishi_2_U
Opt Out Super Fag


Registered: 10/21/09
Posts: 6,316
Loc: The Streets
Last seen: 9 years, 2 months
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Re: Judge visited my house [Re: Vitalux]
#18022690 - 03/28/13 07:05 AM (11 years, 1 month ago) |
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Quote:
sloantbone said:
Quote:
Enlil said: You're sorely misinformed.
If you didn't know there was weed in the car, there was no mens rea...which is a legal term to describe the required state of mind for a crime.
Mens rea for drug possession is "knowingly"...this means if you "know" you possess marijuana, you can be convicted...
That is not the same as being "aware that you're breaking the law," as you originally claimed was the issue...You don't have to know that possessing marijuana is illegal to be convicted...you just have to know you're possessing it.
Similarly, OP wouldn't have to know that the shrooms are scheduled...he would just have to know that they contain psilocin or psilocybin.
PS: Judges are lawyers...so if you shouldn't trust lawyers, why should the OP trust a judge that visits his house?
Well lets just say in terms of how I see lawyers, they are just con men.
Like I have pointed out before, in my educated opinion, lawyers are the lowest lifeforms in the universe. They lie, they deceive and they are quiet sincere when they do.
Is this distrust based on the fact that they are betters spellers than yourself? Or because you subscribe to a popular stereo type?
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Vitalux
Stranger from the next universe



Registered: 02/15/11
Posts: 2,695
Loc: Canada
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Quote:
Alan Rockefeller said:
Quote:
sloantbone said: Well lets just say in terms of how I see lawyers, they are just con men.
Some are more honest than others, but I have always had good experiences with lawyers. They have always been honest with me and have gotten me out of a good bit of trouble. I wouldn't want to go against the system alone, I would lose.
Lawyers are generally smart people, and they have a very interesting perspective on the world.
Some lawyers are awesome - Enlil slaves his ass off for random people for pennies on the dollar of what he could be making. I have some friends at the EFF who are lawyers and they have dedicated their careers to keep the internet free.
There are scum lawyers too but they are easy to avoid - you just don't hire them.
Point taken and thanked.
I was being narrow minded and egotistical. I thank you for your feedback.
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MagicMyc
Stranger



Registered: 03/20/13
Posts: 661
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Re: Judge visited my house [Re: Vitalux]
#18042527 - 04/01/13 02:29 PM (11 years, 1 month ago) |
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I'm sure the Judge has better things to do! How about a lock on your door and ask your Mother not to lead people through your bedroom, it is abit of an invasion of privacy....
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