haha i call it the "EDIT U" method.

[zipflip]

its all like one big chess game. strategy and who has the better move etc... now a days it dont mater if ya guilty or not imo . also money talks an well... lol
i feel its a shame tho really

 

[RCCIZMe]

1st avoid getting into their clutches, yes i said theirs, its a system
to me.
but things happen, once in the system, 2nd dress up in your nice clean clothes,
wash up.
abide by the systems rules, for the time you have to.

live and learn
Im with Z on this one also

 

[Killuminati420]

so while on prbation can you refuse to let a cop search your person or the house without a probable cause?

 

[zipflip]

im no lawyer man but i know that so long as the leo/peace officer has no tie wit ya PO or prior communication wit that he dont have any right to use your bein on parol/prob as any sorta leverage hence "your on probation/parole, you have to submit" no way bro tell him go bother someone else. but yet if any officer tries to go thru all that an still procedd. the deal where you may think he biolate your rights etc does not apply cuz yes you can be revoked on just simply allegations alone if they really wanna be prix bout it. meanin even if you fight a bum deal an win or come out it be dismissed you PO can still revoke you on the simple allegations alone. it says right in ya prob/parole appendix and im sure its similar every in the lower 48 states anyway.
but again its up to your PO if revocation takes place really. an if you pay your fines an dont cause no trouble etc. you may even have a po who might be somewhat compassionate in that sense . I did
just do as your told an pay ya thing on time an dont let your name come up in anything to him/her and it'll be easier on you as well.
but bottom line a cop cannot use yu bein on parole/prob solely as leverage unless of course ya PO is present or arranges it herself.
basically if ya pulled over for routine traffic stop tehy cant do that.
if your on prob if i was you i'd study your appendix (stipulations for parole/probation and see wat it says and pay close attention to the wording especially.
jmo and exp. wit it all

 

[mrkingford]

im no lawyer man but

you PO can still revoke you on the simple allegations alone. it says right in ya prob/parole appendix

but again its up to your PO if revocation takes place really
)

Sorry zip, but the fact is your PO CAN'T revoke your probation.
And it's NOT up to your PO if revocation takes place.

I posted more on the other thread........."basic rights"

 

[DirtySouth]

Not to sur bout that.L know cats put on "court probation",no p.o..This is to solely give leo the right to search @ ANYTIME.Walking your dog,riding a bike it doesn't matter "court probation".

 

[mrkingford]

so while on prbation can you refuse to let a cop search your person or the house without a probable cause?

Misconceptions, misconseptions.......................
See, when your one Probation you MUST inform LEO upon contact, now IF, IF , IF LEO has reason to believe your in violation, they DON'T need to call your PO, They CAN search.

 

[mrkingford]

Not to sur bout that.L know cats put on "court probation",no p.o..This is to solely give leo the right to search @ ANYTIME.Walking your dog,riding a bike it doesn't matter "court probation".

There is NON-supervised ( for minor or 1st offences ) and their is supervised, for obvious reasons. again, if LEO has reason to believe your in violation, they can search, thats why they ask about YOUR conditions and such.

 

[zipflip]

Sorry zip, but the fact is your PO CAN'T revoke your probation.
And it's NOT up to your PO if revocation takes place.

true but wat i meant more was that your po knows when you been naughty or nice and they usually teh only ones who do the filing for motion for the revocation meanin that if they dont file motion for revocation then wouldnt that be said an done then? cuz when i had my mishap[ while on parole my po knew i was harmeless an never caused any trouble and always obeyed my rules to it other than the smokin pot part. but he too knew an noted that he noticed taht when i was peeein dirty an he knew i was smokin i actually was better, meanuin mroe responsible paid my bills an fines etc and basically never got into any dirt when i was smokin. also they knew my condition was affected my MJ in a positive way by usin it. i had to bring in so much info in regards to the benefits of it in accordance wit my condition.
and he chose not to revoke me he said due to that.
and in my appendix it dis state they can revoke on allegations alone. meanion like if you get a charge like posession and get it dropped due to any discrepencies(sp?) in the ordeal that they can still revoke on allegations alone. but he said he was not gonna file for it. and noone else did .

 

[mrkingford]

Example;

Your stopped by LEO while coming out of a bar.
Your conditions may have a waiver or your charge may not apply to that sceniro. If your conditions (such as any felony) state you can't be there, they NOW have the right to search because they believe your in violation and can look futher.

 

[zipflip]

Misconceptions, misconseptions.......................
See, when your one Probation you MUST inform LEO upon contact, now IF, IF , IF LEO has reason to believe your in violation, they DON'T need to call your PO, They CAN search.

idk man. this why i got my charges thrown out. the prosecuter chose to do so. cuz i argued all this in between the line of my stipulations bit.
the officer pulled the stunt "ur on parole you have to submit" well my meeting wit my lawyer and the prosecuter via speakerphone conversation it determined that he never had the right to use that as leverage due to the fact it was simple a routine traffic stop only and other than that had no right to do so.

 

[zipflip]

in no way am i arguiong you mrkingford so dont think i am out to discredit you. lol
im just statin wat happened in my instance and resons for things etc.. but this is wat i said teh way it all happened. to a "T"
and was the reson for dismissin the charges. even tho i was still on probation the prosecuter said the officer had no right to use that as leverage unless my po had arranged it or was present only. it says it right in my paperwork "motion for dismissal" and stated stipulations for said ....

 

[zipflip]

11. You must submit your person, place of residence and vehicle, or any other property to which you may have access, to search and seizure at any time of day or night by a parole/probation officer, with or without a search warrant.

source: appendix A section 11

doesnt say anywhere submit to any peace officer for any reason.
this was my whole argument and i rolled wit it an prevailed. and if it was a goof on they part idk... but they still havent changed the appendix A or rules regarding and this was over 3 yrs ago even.

 

[mrkingford]

LOL, all is good, i dont know the circumstances of your case.
But you stated "he choose not to revoke me" and then " he choose not to file".
Unless you had special conditions, he cant revoke, he CAN detain and then file.
LEO are NOT attornies and often DON'T know the laws besides the basics, thats why you need an attorney to supress and get these things thrown out, like you did.

 

[mrkingford]

source: appendix A section 11

doesnt say anywhere submit to any peace officer for any reason.
this was my whole argument and i rolled wit it an prevailed. and if it was a goof on they part idk... but they still havent changed the appendix A or rules regarding and this was over 3 yrs ago even.

I keep trying to say;
If. IF, LEO has REASON to believe your in violation, they CAN search.
They cant just walk up to you and search only because your on probation, see above example
It's a fine line....................................

 

[zipflip]

thats why you need an attorney to supress and get these things thrown out, like you did.
__________________

my lawyer i had atm he actually laffed bout it all an asked me hwy i retained him. he flat out told me i did most the work an if it wasnt for me bein so persistent on my argument that he himself prolly woulda never got wat i ended up wit if i left it all up to him.
public defenders only do wat you tell them to do IMO. hence why there was many phone calls where i'd hang up on him , cuss at him etc for not listenin to me. and when it was all over he flat out called me and apologized for not listenin to me. he too assumed just for the fact i was on prob that i had no case to argue. but he admitted he was wrong even. lol

 

[GMT]

I hate to say it fella's but your all assuming the cops follow the rules which we all know some of them dont.

If they really want to screw you they will, best to keep your nose clean and not get in trouble is the easiest way to avoid a piss test.

 

[zipflip]

and not even a month later i saw him at a bar n grill restaurant and he bought me a drink even LOL.

 

[mrkingford]

You get what you pay for............................
PD's are flunkies that could'nt find work elsewhere.

 

[zipflip]

Unless you had special conditions, he cant revoke, he CAN detain and then file.

no special conditions that i would call special . maybe the fact that i tried my poor heart out to prove to him that usin MJ was very beneficial for my medical condition and maybe it was a silent "ok its cool just dont get outta hand" and turn his head to it kinda thing...?:confused2:

You get what you pay for............................

.....aint that the truth wit everythin i this world nowadays? lol JMO.