Your basic rights

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cadlakmike1 said:
I think it would also be worth mentioning that any person placed on probation or parole waives their right to the fourth amendment. It would be nice if you could list more applicable laws to those placed on parole/probation if you get a chance.


AGAIN, check YOUR state law, but where i practiced;

Probation is granted with the understanding you have been placed on supervision by "your county" court of common pleas.
EVERYONE must comply with general rules (again, check YOUR STATE) and also you may be placed on "special" conditions by the judge.

Futher conditions can be applied during anytime of your probation.

You may NOT leave your state without permission and often if you still owe monies to the clerk of courts.
You must notify your PO of any changed in your employment or residence.
Your PO has full access WITHOUT a need of a warrant to ENTER ANYWHERE YOU reside anytime !
Your PO has the power to detain you in jail TIL you see a judge again.

You have 72 hours to report any new offence or to report if your under investigation by LEO.
You may NOT possess a weapon ( firearm ) if you were convicted of a felony OR a misdemeanor if it involved violence.

What happens if my PO hates me and is out to get me?
Speak with their supervisor, EVERY PO has a supervisor and you may get a different PO or the supervisor as a PO ( be careful of what you ask for though, you might get it ).

To be clear, YOU ARE IN THE LEGAL CUSTODY of the court until your probation is DONE !

You may NOT consume alcohol or be in places where it is served without prior permission.

You must submit to any tests given for alcohol or drugs.

And finally to answer your question about losing your 4th rights;

Act 35 61 P. S. 331.27b defendant is required to submit to a warrantless search of his residence, person, auto.
 
Violation of Probation

A request is filed with the court of clerks to revoke your probation.

A judge may not revoke unless/until;

1) a finding the defendant violated a condition AND
2) A hearing with the defendant present and represented

You can, after that hearing, file a motion to modify a sentence imposed after revoking within 10 days.

This rule does not apply to probable cause "gagnon 1"
But to "gagnon II" which needs to be initiated in writing to the clerk of courts.
 
Good info, mrkingford. Thank you.
 
To touch on a misconception that was on another thread.

A probation officer does NOT have the power to revoke your probation, PERIOD.

They CAN detain you in jail, file on you for revocation, and you will sit in jail til the judge sees you.

In our American court system, never does 1 person have sole power over you.
You are entitled to a defence AND representation even if charged with revocation or new crimes.
 
Also for FYI;

The general way it works is a new PO fresh out of college with their 1st degree ( usually works as a po while getting higher degree to climb up the ladder ) is that they get the smallest minor non-violent violators.

So, rule of thumb is, the more serious the crime, the more experienced the PO., thus harder to get away with things.

If your on probation for a 1st offence for a non-violent crime your PO will probably not bother you unless YOU cause it, thus you can get away with slightly pushing that fine line.
 
Parole;

I really am not informed enough to feel comfortable about posting on this.
When i recieved my degree i worked for a firm and did all sorts of cases pertaining to criminal ( except rape and child sex cases, i REFUSED at my interview! ) for 6 years.
Then i recieved an offer from a "head hunter" ( a professional employment angency that HUNTS for specific canidates for specific employers and tries to "relocate" their current employment to their clients employ ) to work as a retained lawyer ( which is FREAKIN CAKE WORK,LOL) for a " company " to represent their " employees ", thats all i'll say on that.

I did that for 5 1/2 years til i got sick and moved here.

I really only did 4 or 5 parole hearings, several were in violation, i did a lot of study prior but only case specific, so i CAN'T feel comfortable about speaking on the subject.....................
 
PD's ( public defenders ) vs. PC's ( private counsel )

Don't believe me please.
Check your local municipality.
This is ALL public knowledge and YOU can check NOW !

This may take time as you have to get a list of PD's from the muncipality's website then compare to each case's defender but if you stick with a 1 or 2 month period in a short time you can do the ratio's of guilty vs. anything else per defending PD or PC and even more specific per crime, race, etc.

Then you can decide if a PD or a PC is best for you.
 
I was asked a question by someone i know, let me present what happened;

Her son was in a shopping mall and was wearing a back pack. Mall security was looking for teenage theifs that were robbing the mall and were using back packs to steal items ( he was not part of this ). Mall security approached him and searched him and the back pack and foung a bowl and several bags of weed. They held him til the cops came and he was arrested and charged with sale of MJ and possesion.

His 4th amendment rights were obviousily violated right?
WRONG!

Read this and be AWARE.

Private security personnel currently outnumber police officers in the United States by 3-1. As a result, whether you're shopping in a supermarket or a pharmacy, working in an office building, you may be more likely to be confronted by a security guard than by a police officer. At the present time, in todays society the Fourth Amendment does NOT apply to searches carried out by NON-governmental employees like private security guards.

Thus evidence retrieved can and is used in court against you!
 
this is where the boy made the mistake of letting mall security ever touch him, or his private property. i was in a similar situation as above. at a supermarket/dept. store. i was browsing around the sporting goods area as my wife grocery shopped across the same store. i was looking at a boaters safety kit, picked it up off from the shelf, and it had been opened prior to me touching it. all the contents went helter skelter all over the aisle floor.

i should have left it for someone to do thier job. instead, i picked up all the seen contents, and returned them to thier 7x12 box, then set this item back on the shelf, and mosied about my window shopping.

i did get the feeling i was being watched, and, or followed over the next 45 minutes , or so, until i met up with the wife, paid for the items she had gotten, then exited the store.

thats when two security guards circled us, and asked me to return to the store with them. i had no clue they had thought i had stolen an item, or items', from the boaters safety kit.

that was until they asked me to empty my pockets.:confused: . they stated thier suspicions, saying stuff like, 'we got it all on camera'. i told them fine. "if you have me on camera shoplifting, do your job, and get mgmt, and the police here".

they had me, and wife in thier office. they actually wanted to strip search me. i told them no, and to do thier job again. after they had threatened me, and tried a few intimidation tactics, they seen my 6'4", 220 lbs. was'nt budgeing. my wife rained down on them, when they tried to forcibly attack me. there was more fists flying in there than an ali-frazier match...

at this time, they were backed into a corner, and beaten down severly. i never touched one of them. this is when my wife rips her blouse half off, busts through the office door into the store , and begins screaming rape, at the top of her lungs...

moral to this story...they should have done thier job, and phoned the police...

i did'nt steal anything, and as this scenario was played out, turns out, each of them had previous sex offender tags. seems this store did'nt do background checks on employees, leaving them wide open to what came next...(mrkingford)...;) ...
 
wat happened to MKF? i noticed his avy is blank etc.. :confused2: he split now too? or ya still round MKF
 
Yea. Why is mrkingford's avatar gone? I notice this every now and again with other members.
 
ya know, he musta deleted his account a few weeks back. I noticed at the time because he had just started some sort of 'ya ever wonder' type of thread and in one of the reply's UK420girl said something to the affect of 'ya ever wonder, why someone starts a thread then deletes their account'. I'm paraphrasing because i can't remeber what was said or even the title of thread. Tried to look for it but couldn't find it.
Where ever he is, hope all is well!
 
MrK' asked that his account be deleted... "personal issues" :)
 
Great thread, bookmark'd so I can get one of those cards. They seem handy. Just whip it out of your wallet every time you get pulled over.
 
DEA REWARDS said:
DEA reserves the exclusive right to determine whether an individual will receive a reward payment and the amount of such reward payment.

So what you are really say is ' Become a snitch and you may find yourself in a ditch, cause we ain't gonna pay ya.'

Go get a real job, smuck:aok:

BIU :bong::ciao:
 
If you accept a plea bargain, that is, you agree to plead guilty to a lesser offense, or have any number of charges dismissed, for a specific sentence, saving the State/Fed time and money. You have then only limited rights to appeal. Then you can appeal generally only the illegality, or harshness of the sentence, violations against your right to a speedy trial, the trial court failing to determine your competency to stand trial, the state law is unconstitutional, your plea was not voluntary and knowing, the trial court has not jurisdiction over you or the matter at hand, conviction based upon false evidence, the improper denial of a motion to suppress, or inadequate legal counsel.
The rule of thumb is simply this, if you know that they have a solid case against you, your better off taking the plea, if there is a substantial reasonable doubt you can raise, then take it to trial.

IF YOU DON'T KNOW YOUR RIGHTS, YOU DON'T HAVE ANY!!

If you fail to raise any appealable issues before the court of original instance, then you loose the right to appeal on those grounds.

If you remain silent regarding your rights, then they are considered waived, you loose them.
 

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