Ask Experts Questions for FREE Help !
Ask
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
    Uber Member
     
    #21

    Oct 22, 2015, 10:15 AM
    Federal law makes it illegal... its held up to challenged for decades and Federal law always supersedes lower laws when they are on the books... And there is no constitutional right to it specifically enumerated. Therefor one is not presumed to exist.

    Well good luck with your argument, its not going to go far, its failed every time its been tried... the EPA doesn't even answer to hardly anyone at all. The FDA actually does at least. But the FDA doesn't make laws. The legislative branch does. Don't confuse rules with laws. (though in some cases they ARE easy to confuse)
    ma0641's Avatar
    ma0641 Posts: 15,675, Reputation: 1012
    Uber Member
     
    #22

    Oct 22, 2015, 10:17 AM
    "I will probably become one of those YouTube cop block activists that I am sure you hate, following around the pigs with camera's all day waiting for them to slip up and shoot and beat innocence and trample the constitution on film. They are F - ing parasites from the top down. If you enforce unconstitutional laws that makes you the criminal not me. They serve only themselves and the elite. They are mercenaries and usurpers against "we the people."

    Now you are getting into a rant, not acceptable here.

    Suggest moderator close this thread.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #23

    Oct 22, 2015, 11:42 AM
    What state?
    Have you talked to the ACLU or a pro bono law group or big law firm with room for pro bono?
    guycomander's Avatar
    guycomander Posts: 17, Reputation: 3
    New Member
     
    #24

    Oct 22, 2015, 04:58 PM
    Quote Originally Posted by joypulv View Post
    What state?
    Have you talked to the ACLU or a pro bono law group or big law firm with room for pro bono?
    When you take a plea deal they make you sign your right to appeal or debate the issue further, away. They even make you say you were not coerced. The scripted dialog that you are being coerced to take part in and hear repeated over and over is eerily reminiscent of video's I have seen of the Viet Cong forcing soldiers in the Viet Nam war to confess to war crimes.

    What I have learned is the law is what ever fantasy fabrication a DA can sell to a jury whilst conflating the issue and confusing them with accusations not evidence.

    The statutes I was charged with was originally made for people selling baggies of crack on the corner with a gun or weapon in their pocket.

    Every separate container of pot or hash despite having differentiating medical labels on them, to keep the different strains and medicines separate was charged as an individual count. Some with the attached special offender designation to increase the threat, thus how we come to 10 felonies and a risk factor of between 8-30 years depending on the judges mood. They also use the separate containers to bolster their claims of dealing. I guess they don't understand the concept of variety or different products having different targeted effects.

    Depending on how much you pissed off the cops it now means, They can raid your home without probable cause for something they tell you is legal, than make up a case after the fact based on how they can manipulate a story about what they find. The crime scene is now considered to be your entire home. Even if you are not in it, as I was not, I was outside. The perfectly legal rec and med marijuana not even being used at the time now selectively becomes an illegal drug for the sake of prosecution. The statute reads with some pretty vague language "the possession of a weapon during the commission of a crime." So the crime could even be jaywalking with a pocket knife, or maybe even illegaly downloading music or even a cook book recipe while in your kitchen with knives. I have heard of the police claiming a knife in a kitchen drawer as the aggravating factor or weapon in other cases like mine. It is a complete stretching and misuse of language and circumstances. As they say, the police can indict a ham sandwich. Even sadder, It was not the feds that charged me it was the state. They can say something is a legal medical substance one minute and an illegal drug the next. The law is ambiguous, to get around your supposedly legal designation they just say you had INTENT to sell. That's right thought crimes. Apparently police are now mind readers.

    This was in the lovely state of Colorado. They have a 99% conviction rate on issues like this as every one gets the same coercive treatment I did. Risk 30 years or take the deal. That is how they cover up their illegal activity and avoid lawsuit. Could you imagine how this would have played out if I did not bail out and get a lawyer, rather was stuck in jail the whole time with some public defender and no one on the outside who cared. Yet somehow they claim we are innocent until proven guilty. The legal system is full of blatant double speak.

    ACLU and NAACP did not want to touch my case because they are Anti gun and I'm not a black man being beaten on film. They only take easy cases they can profit from.
    NRA did not want to touch my case because they are Anti marijuana. As their base is conservative and they can't imagine someone who occasionally uses marijuana needing to defend themselves, or in my case own a civil war relic.

    Sadly a jury would most likely be of the above disposition. They likely would like pot, hate guns or like guns and hate pot. Or worse hate guns and hate pot. So in my calculation jurors are 3/4 odds likely to hold some prejudice against me.
    My lawyer said "think of people like your grandparents who were from the refer madness era and a time when people did not question their government, they will likely be the demographic of the jury, they will likely do what the judge and prosecutor tell them to do." If that doesn't scare you, what will. Another horrible out come could be a mis- trial and do it all over again, time, expense, everything. One other thing to note, is they also took a civil war era confederate flag as well out of the safe as "evidence", probably so they could try to portray me as a racist or in a gang.

    I wonder what ever happened to that pistol and flag, am I to believe they really destroyed civil war relics that would collectively be worth 30- 40 thousand dollars. I bet that liberal agenda DA probably keeps them on his mantel as a trophy, as he snorts cocaine off a hookers ars in front of them to celebrate. Worry free of legal oppression of his own kind. Probably smoking my medication too.

    Basically your fate is decided not by constitutional republic justice, but by a popularity contest based on fear and bias, even propaganda. Basically just mob rule. Look, there is even people calling to censor me here on this very humble web forum.

    Even sadder, The mini dictator probation officer who is not a doctor by any means can simply order me not to take my medication that over 6 doctors have signed off on, So as they force me (a disabled person) to mandatory physical slave labor, They take away my medicine forcing my conditions to worsen and cause further debilitating pain. I now have seizures from my brain injury again on a regular basis... Yet somehow that is not considered cruel and unusual punishment or the government enforcing none enumerated powers.


    There is really nothing that can be done about it, it just is what is. I went from a productive 37 year old with no prior record, who owned his own home and had a good job, To a financially crippled, physically and mentally crippled forced slave of a probation officer, that I must follow his every whim. Now with a criminal record. Not only that, but drug and love authority re-education classes, to rub it in. I now live back home with my family Thinking of ways to transcend the situation and help others all day long as I lay in a bed crippled with unnecessary pain. All because the law can be interpreted in any way they want. They just tell the jury your some gun toting, racist, right wing extremist, drug dealing, drugged up, potential mass shooter and they get whatever they want. America is now run by fear... not law, not the constitution. I feel similar to how a Jew must have felt in Nazi Germany as I now hide in my parents basement with fear to even go outside, as there is crazed politicians, bureaucrats and cops out there looking to hunt, kill, oppress, jail, extort, ransom and slave me (the infirm) for whatever reason they can use to marginalize or demonize me as a second class citizen with no rights. Being on probation has just added infinitely to the list of things they can construe illegal or demonize me for. We need to take our country back people. These politicians and cops certainly don't have public safety or well being in mind when they make and enforce laws like this with penalties like this. Who or what is there to protect we the people from them?

    (of course only through legal, none violent means, this is not a call to action or a declaration of any future action. I in no way support, commit, condone or call for any illegal activity.)
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #25

    Oct 23, 2015, 06:57 AM
    Well stated.
    For starters, I would go to the media over the gun and get it back. And Facebook. Facebook power of numbers have helped many local causes. If you have a picture of the gun, even better.
    That might start the whole story going.
    talaniman's Avatar
    talaniman Posts: 54,325, Reputation: 10855
    Expert
     
    #26

    Oct 23, 2015, 08:05 AM
    If you weren't willing to fight for your rights and ACCEPTED a plea deal, then don't complain about where you end up. Do as you're told and quit complaining. From what I have read, you don't want to go to court, you don't want to be forced to work, you don't want to file for SSI the right way, just self medicate, and rant woe is me!

    You can afford 6 doctors and dope without working but can't afford a lawyer? Seizures and no hospitals? DUDE!!
    .
    guycomander's Avatar
    guycomander Posts: 17, Reputation: 3
    New Member
     
    #27

    Oct 23, 2015, 09:48 AM
    Quote Originally Posted by talaniman View Post
    If you weren't willing to fight for your rights and ACCEPTED a plea deal, then don't complain about where you end up. Do as you're told and quit complaining. From what I have read, you don't want to go to court, you don't want to be forced to work, you don't want to file for SSI the right way, just self medicate, and rant woe is me!

    You can afford 6 doctors and dope without working but can't afford a lawyer? Seizures and no hospitals? DUDE!!
    .
    Misconstrue much? I clearly mentioned that I did have a lawyer and even quoted him. Never said I haven't sought medical attention for seizures either, were do you think the evil "dope" prescription comes from? It is the best known medical remedy for my condition. I have seen 6 doctors over a period of 10 years. Are you a doctor, who are you to give medical advice? Let me guess, a PO. Are you saying I should just stay as an in patient at the hospital rather than use medication that works and live a normal life? Because that sounds pretty impractical. What's the wrong way to apply for SSI? I just said I hadn't yet, not that I had tried and failed. I didn't need to before, as I was working ( self employed, a job I could do with my disabilities) and had savings. Also a settlement from workers comp. The police destroyed a very important and expensive piece of equipment that I rented out for a living in the raid which cost me my business. I lost it and nearly all savings as a result of this experience. They even carelessly trashed my home during the raid and now I'm being sued by the lender. I guess How petty of me being crippled and my medication being withheld by force, thus worsening my condition, for not wanting to rush out and get some schitty manual labor job and thinking about going on SSI when the rest of my savings run out. Sorry if I hurt your feelings Mr. cop. Some one sure does not like to hear the truth about the corruption and coercion of the justice system and how it ruins lives and targets the infirm. Probably because they are the same person ruining lives and putting people in the hospital. Just like a cop you try to take anything no matter how benign, misconstrue it and turn it into demonization, to blame the victim. Shame on you... The whole world is watching... This is what a police state looks like. Who would take their case to trial over some pot and risk 8-30 years when people like you who refer to medicine as "Dope" could be on their jury? I might be dumb, but I'm not dumb enough to take that gamble over a petty possession ticket. I can tell the world this story about blatant tyranny and government abuse a lot easier out of jail. The minor ding as opposed to 10 felonies only adds to my credibility and coercion claims. Why else would a DA who thinks he has a solid 10 felony trial dismiss 9 charges and accept 1 misdemeanor? That's a 0/10 felony success rate. Make false accusations much? Anyone can see he is abusing his power to set charges, in order to coerce me out of a fair trial. Its a problem that is not all that un common.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
    Uber Member
     
    #28

    Oct 23, 2015, 10:21 AM
    Dude... and trust me I am trying to be as nice as I can when I say this... but take a step back and listen to yourself.

    Now Imagine that was someone else saying all that stuff. What would you think?. Paranoid comes to mind.

    I've been in and around the government for most of the 34 years since I graduated college. (Nope, never as a cop or in the Justice system)

    I've learned to not trust any politician any further than I can throw them, and don't take the media at their word anywhere... but I've also learned its NOT nearly as bad as you make it out to be from years of living outside the USA. It's worse there and you have a lot fewer rights there... want an Example... Amanda Knox. They kept putting her on trial again and again for the same thing despite having the first conviction thrown out... and winning others..

    THAT won't happen here... and be glad it doesn't. There is ZERO chance of them putting you back on trial because someone thinks you didn't do enough time. That actually can and does happen in some other countries. But not here.
    guycomander's Avatar
    guycomander Posts: 17, Reputation: 3
    New Member
     
    #29

    Oct 23, 2015, 11:20 AM
    Quote Originally Posted by smoothy View Post
    Dude... and trust me I am trying to be as nice as I can when I say this... but take a step back and listen to yourself.

    Now Imagine that was someone else saying all that stuff. What would you think?. Paranoid comes to mind.

    I've been in and around the government for most of the 34 years since I graduated college. (Nope, never as a cop or in the Justice system)

    I've learned to not trust any politician any further than I can throw them, and don't take the media at their word anywhere... but I've also learned its NOT nearly as bad as you make it out to be from years of living outside the USA. It's worse there and you have a lot fewer rights there... want an Example... Amanda Knox. They kept putting her on trial again and again for the same thing despite having the first conviction thrown out... and winning others..

    THAT won't happen here... and be glad it doesn't. There is ZERO chance of them putting you back on trial because someone thinks you didn't do enough time. That actually can and does happen in some other countries. But not here.
    that's like comparing a solid turd sandwich, to a juicy diarrhea burrito. Sometimes the grass is not green at all on either side.
    but here is two inconvenient facts. That indicate America is the worlds leading police state.

    1.America houses the most prisoners of any country on earth. A 1/4 of all prisoners on earth.

    2.American police kill the most of their own citizens out of all countries on earth. At around 1200 per year that's a rate of 8x more than terrorist kill Americans. Compared to china killed 12 Chinese people same year despite having a population 4x that of America. Here's a link to an article that exposes the differences between America and other countries.

    By the numbers: US police kill more in days than other countries do in years | US news | The Guardian

    BTW they do charge people multiple times making for multiple trials they just change the wording or charge for something similar. Like the difference between pot and hash. They have many different ways. Like in my case they charge per container. So later they say these are new charges for these different containers that were left off last time or at first. There are dispensary owners that have been brought to trial 3 or more times. After winning their first 2 or more trials. Jovan Jackson is one of them Charlie lynch is another, there are more.


    In my case they raided me twice. After the first time I moved out. Than later about 2 months after they swat raided me a second time at another location, to serve me with a warrant for new added charges (the weapon charge) stemming from the first raid. The first raid they did not even have a warrant for my arrest, that's how little evidence they had. I had to go to jail and bond out twice. They could have done it all at once the first time, but they wanted to f with me and make me pay twice the bond, they were probably hoping I would not have it the second time. Luckily they could combine all the charges into one trial. I have heard of them giving people multiple charges and not combine. Basically they were in court nearly every day. Both times I was raided by full swat teams driving m-rap army tanks. The first time they used the vehicle to destroy the home, beyond repair. Second time ripped me out of a shower naked at gun point. each time they say stop resisting though I am not resisting as they punch me in the face and rip my arm off. I don't think I am mischaracterizing Americas police state problem one bit. My trial after everything factored in has run up a bill of around 150,000$. I mean seriously all that's just a little crazy for 1 misdemeanor, don't you think? My attorney was not the best by any means either, or even good. 0/10 felony convictions in my opinion = total fail for the DA. That is the definition of false accusation. What ever happened to the 90's when they just gave you the damn misdemeanor ticket charged you a 50$ fine, you paid it and where on your way. Come on 150,000 in damage, fines, lost property, attorney bill, 2xbail etc.... Raided and swat teamed twice by army tanks. Jailed for over 2 weeks, probation, re-education classes. Destroyed my business and means of income. Inhuman denial of medical treatment for a permanent condition. Mental stress over the last two years. All the civil rights violations. The list goes on. I think that's a little much for 1 misdemeanor. They should pay me restitution at the rate of at least 20'000 for every failed felony charge. and since I was only found guilty of a misdemeanor they should give me my families gun and flag back. What ever happened to the penalty fitting the crime or no excessive punishment.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search


Check out some similar questions!

Will interning increase my chances of getting a job as a probation officer? [ 1 Answers ]

I live in America & I am majoring in Psychology or Social Worker in the hope of becoming a Probation Officer or a Parole Officer. There is this organization in my city that offers jobs and internships that centers around Juvenile and Criminal Justice. I know the field of study I impacted and there...

I failed a drug test for my job in another state. Can my probation officer find out? [ 2 Answers ]

I worked for an oil rig company in a different state from where I live. While employed, I got into some trouble and was convicted of a felony and put on probation. I later failed a drug test for my employer and was fired. Can my employer give my probation officer the exact reason that I was fired?

If I failed a drug test for a job can my probation officer find out? [ 10 Answers ]

If I fail a drug test for a job while I'm on non-reporting probation, is it possible that my probation officer can find out about it?

Similarities between job analysis,job description and job specification? [ 2 Answers ]

Similarities between job analysis,job description and job specification?


View more questions Search