Finding remedy in Government theft situation...

[Zigner]

Your questions have been asked and answered. Please don't start new threads on this issue. And, get off the dope...

ETA: If you think she'll end up with a felony WITH a lawyer, what makes you think she'll do better without one? SHEESH!

 

[grndslm]

Your questions have been asked and answered.

That is a lie. I have never mentioned her game plan anywhere.

ETA: If you think she'll end up with a felony WITH a lawyer, what makes you think she'll do better without one? SHEESH!

Because the lawyer said she'd still get a simply possession charge, which is still a felony. I already explained that in the other thread AND above. If the options are simply one felony or two felonies... might as well take up the court's time going for two. We're going for shock and awe, not for a complete annihlation of all law and order.

 

[You Are Guilty]

For the love of all things holy, please, please, please be kind enough to post back with the date of the trial.

 

[grndslm]

I would love for nothing more than to give you guys the outcome of this whole situation, but she's still waiting on the indictment.

Any corrections/suggestions for the game plan would be MOST appreciated.

EDIT: Added #10 to declare the house search was illegal. A single blunt roach is not evidence of anything.

 

[tranquility]

I didn't read the other thread except for the first few posts.

Everything on your list is silly. To attack this on a legal basis of claim of right, demurrer, unconstitutionality of controlled substances act, play games with the judge (oath and bond?), void ab initio, ask for jury trial (needs to be done up front, so don't wait to see how things are going) or appealing to the supreme court is not going to win. Your friend will be convicted, the court will give a greater penalty for wasting its time and any real argument you may have with the process won't be heard.

Rubbish like the plan will not work. That's my positive on this. Some of the items on the list are incomprehensible. Not the language, as the language was precise, but the legal principle involved. My goodness, you don't think the courts deal with these types of arguments? If you actually make a point which needs answering, the DA will pull out an old brief on the particular issue and then you move on to the next point.

Get an attorney. You don't want to hear it, but your friend will get creamed by following the plan. One felony is bad, but two with an angry judge for having wasted his time, could mean real jail time.

The key is the search. The car search seems fine, it is the house search which is more problematical. Get the ATTORNEY to look at the police report to see the justification for the search. That is what he needs to attack, not the constitutionality of the drug laws.

 

[Some Random Guy]

THE LEAST SHE CAN DO IS TAKE UP THE COURT'S TIME

Well that's a summary of what she will be doing. Your arguments have no merit and are designed solely to force our taxes to increase through increased court costs because you are too juvenile to understand that laws have consequences.

You will get no more help from me.

 

[grndslm]

Everything on your list is silly.

Well... I think the Controlled Substance Act is silly, rubbish, frivolous, etc. And I do not see how anybody I know could be bound by it, considering I was never there when it was enacted.

I don't see any rubbish in the Notice of Understanding and Intent, tho...

To attack this on a legal basis ...

She's attacking it on a lawful basis thru legal means, the only means available to her.

ask for jury trial (needs to be done up front, so don't wait to see how things are going)

Thank you. Will note that.

or appealing to the supreme court is not going to win. Your friend will be convicted, the court will give a greater penalty for wasting its time and any real argument you may have with the process won't be heard.

I don't think you understand. The penalty is of no concern to her. This is about more than herself. It's about right -vs- wrong and correcting those wrongs. We're on a mission where lawyers cannot venture.

My goodness, you don't think the courts deal with these types of arguments? If you actually make a point which needs answering, the DA will pull out an old brief on the particular issue and then you move on to the next point.

No, I don't think that the courts deal with these types of arguments... at least not in Mississippi. The DA will definitely be in a state of shock and awe, I can guarantee.

One felony is bad, but two with an angry judge for having wasted his time, could mean real jail time.

The only thing she's worried about is for future jobs. For that situation, one felony is NOT better than two. And I really don't think that a judge or jury would actually give her an intent charge without evidence of intent. If not, there's always tomorrow.

The key is the search. The car search seems fine, it is the house search which is more problematical. Get the ATTORNEY to look at the police report to see the justification for the search. That is what he needs to attack, not the constitutionality of the drug laws.

Thanks again. No need for a lawyer, tho. She can find all that info without the aid (financial raping) of legal counsel.

 

[grndslm]

Well that's a summary of what she will be doing.

Exactly!

Your arguments have no merit and are designed solely to force our taxes to increase through increased court costs

Not exactly! Not like this is on-topic, but it is my understanding that your income tax goes to the IRS, which then goes to the International Monetary Fund (IMF). It is also my understanding that my municipality is a completely self-sufficient corporation. In no way would you be taxed unless you live within my municipality's jurisdiction, which ya don't. AND EVEN THEN... there would NOT be an increase in taxes, but in the number of speeding tickets cited.

because you are too juvenile to understand that laws have consequences.

An unconstitutional statute was broken. An unconstitutional state law was broken. But no common law was broken. Nobody was harmed or injured in the slightest. Nobody's property was stolen except for my friend's.

It's shocking to me that everybody thinks bending over is an acceptable option. I am not a slave. My friend is not a slave. Involuntary servitude is illegal, according to Title 18, U.S.C., Sec 1584. So they cannot force anything upon anyone, since we are all equal before the law. The cops (and possibly judges), have deprived her of her rights, according to Title 18, U.S.C., Sec 242... and they owe her just compensation.