|
Post by TheTooldude on Nov 25, 2004 14:52:06 GMT -5
Wait Tru, what is your answer to their question. Tooldude, Why do you accept their assumption that you need a lawyer? Did you ask them if they were forcing you to get a lawyer? Did you ask them if getting an attorney was madatory? No I didn't but those sound like good questions. That's why I'm posting here to get positive, helpful observations from others. Thanks, Nate
|
|
|
Post by KaosTheory on Nov 25, 2004 14:59:23 GMT -5
From what I've read, the public defender is suppose to be there for you because it is assumed that you are unsound of mind or are a ward of the state. You will be told that he is there to protect your rights. Apparently because you are to stupid to know what your rights are. Basically, the judge is saying to you personally "Hey retard!! Did you get a lawyer yet?"
Next, the lawyer is there to make sure that you lose. ;D
|
|
|
Post by TheTooldude on Nov 25, 2004 15:11:15 GMT -5
I feel I should go over how this charge of "Possesion of Marijauna" came about and the circumstances around the arrest.
I was at a bar about a quarter mile down the road from my house. I drove home late. I have a gate at my driveway, I have to unlock the gate to get into my house. I got out of my car to unlock the gate and the police came up behind me.
I was charged with public intoxication and upon arrest they searched me and found the horrendous weed.
I'm not sure but technically I think I was in my driveway. Might be some crap about easements and such. I think the search was wrong because the public intox was wrong. How can it be public if I'm in my driveway?
More facts they probably don't care about.
So anyway... The public intox was a municipal (City) charge and the possesion was a (County charge). They split them up in two different courts.
I'm trying to figure out who's rights were violated and who I injured. There was no accident involved. I wasn't driving recklessly the 1 mile to my house. I din't hang aroung a schoolhouse selling marijuana to the schoolkids. Nate
|
|
tru2form
Full Member
A little rebellion now and then is a good thing. - Thomas Jefferson
Posts: 164
|
Post by tru2form on Nov 25, 2004 15:23:19 GMT -5
I'm back. My answer to their question?? I have been keeping myself out of caught for a good while now (ten years) by travelling around the world and annoying "cops" worldwide (the french "cops" are ridiculous and the Greek ones are funny! THe story another time), and writing letters with nasty default clauses in them. The last time I was in, I undoubtedly believed I was a sheep! Come to think of it, they never got any money from me then either... ;D At the time, I thought I knew the truth, tho' I couldn't tell you what the truth is (ref; wynn-miller, which I've probably gotten wrong) and I said "Baa!Baa!"
|
|
tru2form
Full Member
A little rebellion now and then is a good thing. - Thomas Jefferson
Posts: 164
|
Post by tru2form on Nov 25, 2004 15:32:11 GMT -5
Tho' I've not accepted a lawyer for anything else than my first, second (reluctantly), ahm... and I think that's all (out of seven of eight), I don't recall ever having been coerced into having one, I simply didn't bother because the free ones they supply came across as being full of BS. I would tell them my story and they would do a song and dance... I stand for the truth, no matter how much it hurts - it's better out than in! My bravest moment was going up against a DUI charge 'long time back - I need my brain cells now and protect them with high quality food and drink) and after the prosecution read out that their equipment was working fine and my reading was accurate, I politely said to the judge that I wasn't interested in their testimony and I am not here to dispute it. The judges eyes popped out of his head and he asked incrediously "well then, why are you here?". I replied that I wasn't too keen about the suspension of licence thingy that they had written on the interception sheet and I would like him to revoke it - and he did! Hey tooldude, Down this way, a person is guilty of DUI if they are in charge of a vehicle whilst intoxicated - this translates to; being drunk whilst in control of the keys which translates to being in control of whether the motor vehicle (in a public place, granted), whether it will be moved or not! there have been cases where the driver will be asleep in the car with the keys in his pocket and still go down for a row! Check the wording of your law up there - down here we may be doing things upsidedown!
|
|
|
Post by KaosTheory on Nov 25, 2004 15:50:18 GMT -5
Tooldude,
I am looking forward to the recording of your court case now that you are loaded for bear. Do you need an Mp3 encoder program or does your recorder already record in Mp3 mode?
TOOLDUDE!! TOOLDUDE!! TOOLDUDE!! TOOLDUDE!!
Tru,
Are you saying that you walked out of the above court case without having to pay the fine and you got your license re-instated? Did he revoke your license or the ticket?
|
|
|
Post by weishaupt1776 on Nov 25, 2004 15:57:44 GMT -5
TD, the reason you don't understand the charges is because you don't know if there is EVIDENCE of a complaining party. The EVIDENCE is the suuffering of an injury or loss. THE CENTRAL ISSUE IS TANGIBLE EVIDENCE. Set them up for the CRITICAL ISSUE that the judge accepted the testimony of an incompetent witness like this:
1. OBJECT to everything the cop says saying that he can't draw a leg. concl. This is set up for when you cross-x the cop. 2.Ask the cop to repeat his "testimony"[/i]' . . ."what is 'unlawful weed FACTUALLY w/o using the word 'unlawful weed'?"[/ul] If the judge or atty jumps in & the judge suses their obj., Ask Read the dickens out of Ch. 10 & 7 also.[/b]
|
|
tru2form
Full Member
A little rebellion now and then is a good thing. - Thomas Jefferson
Posts: 164
|
Post by tru2form on Nov 25, 2004 16:33:59 GMT -5
Hey Kaos, He revoked NEITHER the licence OR the ticket. I got to keep the licence and he fined me for a sum LESS than the original fine on the ticket, for which I then requested a fine option order where he converted the monetary penalty to one of mowing lawns at the local primary school for a few days. ;D I haven't paid a fine in uh.... a rilly long time now except for a ten dollar parking ticket about two years ago - I got another one of those just recently and I'm taking them to caught over it - their letter of reply wasn't too happy about that and was full of their reasons as to why they were right and I was wrong and "look, we'll even give you an extra 2 weeks to pay..." (twerps!)...'waiting on an appearance (AILL practice) date now. TD, I wasn't going to mentions this so as to not be stating that which may or may not be obvious, tho' please take a look in your book (you do have one?) and turn to page 149 and begin reading from the third paragraph from the bottom and continue onto page 150. This will also clarify or underline what 1776 is saying.
|
|
|
Post by SecuredParty on Dec 15, 2004 3:53:40 GMT -5
Hi everyone,
This is a GREAT thread, site, and excellent discussion - thanks to all esp. to Mr. Mark.
Has anyone checked out Tool Dude's site on Ebay? He has a copy of the book on there, plus a lot of tools; a personal addiction of mine.
Yours in Freedom,
Steve
|
|