Your basic rights

Discussion in 'Marijuana News' started by mrkingford, Jul 3, 2009.

  1. Jul 3, 2009 #1
    I've read some strange posts here about their rights so i thought i would post i few GUIDELINES as it's impossible for me to post every state law.
    These things hold true in the USA.

    The 5th amendment; The right to remain silent
    The 4th amendment; The right to be free from; unreasonable searches and seizures

    First lets review LEO entering a home;
    1) LEO may enter a home after an arrest if the arrestee is occupying that residence, if their chasing a convict, to protect life or serious damage, and certain other instances like if the owner agrees or of course they have a warrant

    A record of the search MUST be kept by LEO and you can DEMAND a copy.
    You may be present during the ENTIRE search UNLESS it hinders their investagation.
    If anything is seized, make sure to demand a copy of those items.


    If you feel you are being arrested wrongfully, do not resist LEO, settle it later, NEVER RESIST as i read another poster did and was riped from his car and thrown to the ground and cuffed.

    You see in the BILL OF RIGHTS their a part called "Preamble", it is the most important part of The Bill of Rights------The preamble which tells specifically that the Bill of Rights was to make sure the government KNEW it was limited to the powers stated in the Constitution and if it did'nt the amendments were rights of the people the government could'nt screw with.

    The first 10 admendments are declaratory and restrictive clauses, this means they supercede all other parts of our constitution and restrict the powers of our constitution.
     
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  2. Jul 3, 2009 #2
    In short, if you KNOW inside and out your amendment rights they will be GOOD ENOUGH to protect you without tons of legal knowledge.
    These 10 amendments over ride other parts of the constitution which LEO;aka; courts will TRY to use against you.
    This is how many things wind up in SUPERIOR Court !
     
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  3. Jul 3, 2009 #3
    Misconceptions about Miranda rights;


    True or false; LEO must give you your Miranda Rights PRIOR to questioning you?
    False
    The Miranda warning is only in affect during a custodial interrogation.
    Inother words the person being questioned is ALREADY in custody or BELIEVES he or she is NOT free to leave.

    Remember, a police officer has NO authority to "cut a deal", only the D.A. does. As a matter of fact LEO only files charges, they need to be accepted by the da 1st.
    Even if you snitch for a deal it FIRST must be approved by the D.A.
    If you exercise your Miranda rights and LEO asks you even one more question, he has violated your rights.
     
    zipflip likes this.
  4. Jul 3, 2009 #4
    When arrested a "complaint" is filed.
    A complaint is an Affidavit sighned against you by your accuser.(LEO)
    It must be presented to the DA, then;

    An Indictment is a FORMAL accusation that identifies specific charges against you. ( the DA does this )

    First court date is the Arraignment.
    This is a simple hearing informing you of the charges against you.
    You plead guilty or not guilty, then ROR (released on your own recognizance) or bail is set.

    ( bail jumping is a seperate offence and NEARLY IMPOSSIBLE to defend )

    Next comes the Preliminary hearing.
    This is where the State puts on evidence to show their is cause to start a trial.
    Heres where it gets complicated, next there is/can be;
    Pre-trial procedures, plea bargining which is PRICELESS AND A GOOD attorney can use things such as;

    A Huntley hearing which can suppress statements made to you by LEO

    A Dunaway hearing which suppress statements on the grounds LEO did not have proper cause.

    A Wade hearing which suppress identifacation

    A MAPP hearing which suppress seized items on the ground LEO had no right to search your home,auto etc.

    A SANDOVAL hearing insures that the DA cant use your past criminal record to smear your credibility

    If no deals are worked out a trial is set.

    If your convicted of a felony you lose some of your cival rights in addition to a possible cival suit.
    It IS possible you get a "certificate of relief from cival disibilities that may relieve the effect of a felony conviction."
     
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  5. Jul 3, 2009 #5
    Oh my god, i feel like i'm back 7 years ago giving lectures to interns, lol.

    There's a test later so be prepared, lol.............
     
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  6. Jul 3, 2009 #6
    P.S.
    These are USA laws..........................If your not from the USA please ignore the above, i have NO EXPERIENCE in other countries.
     
    zipflip likes this.
  7. Jul 3, 2009 #7
    Next comes sentincing if your found guilty or plead guilty.

    There are also Post sentincing hearings such as;

    modifacation of sentence, restitution or appeal.

    Your sentince will depend on several things such as;
    the level of the crime, example;
    Misdemeanor a,b,c,d,e or felony a,b,c,d,e,

    And precedent from former cases like yours in that State/county.

    A pre-sentence investagation report is compiled for the judge and includes things such as;
    past criminal record, family and financial circumstances, harm to the victim, circumstance of the offence and the VICTIMS can make written statements that usually impact the judges decision.

    In some minor cases the judge may allow a "defferred Judgement" which means if the defendant completes a certain "time frame" or "classes" or whatever the judge states you will relieve your sentince and your record will be wiped clean like it NEVER happened.

    If found guilty you can appeal but if acquitted the state CANT appeal !
    Also there is the Appellate Court...................
     
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  8. Jul 3, 2009 #8
    Appellate Court

    An Appellate Court is ANY court of Law that is empowered to hear an appeal of a trial court or lower tribunal.
    The court system is divided into 3 parts;
    1) The trial court
    2) The Appellate court
    3) The supreme court

    If you lose your Appellate appeal you can then appeal with the Supreme court as it has power over Appellate courts.

    However the Supreme court is the LAST STOP !!!!!
     
    zipflip likes this.
  9. Jul 3, 2009 #9
    Learn these and you'll be fine.


    Bill of Rights

    Amendment I


    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
    Amendment II



    A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
    Amendment III



    No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
    Amendment IV



    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
    Amendment V



    No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
    Amendment VI



    In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
    Amendment VII



    In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
    Amendment VIII



    Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
    Amendment IX



    The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
    Amendment X


    The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
     
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  10. Jul 3, 2009 #10

    wmmeyer

    wmmeyer

    wmmeyer

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    Let me pose a hypothetical situation in order to ask a question about the appeal process:

    A person is found guilty of an offense and is sentenced to, for example, 5 years in the state corrections. The person files an appeal. The next higher court hears the appeal, and decides that the judgment was faulty for some reason. They can cancel the whole decision of the lower court and the guy goes free. Right?

    OK, so taking the same example, could the higher court in reviewing the lower court's decision find that the penalty was NOT enough, and sentence the guy to more than the original 5 years? In other words, is the higher court bound by law to only find in favor of the appealer, or can it work both ways?
     
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  11. Jul 3, 2009 #11
    Short answer, NO, your sentence can't get worse.

    The Appellate court is NOT there to give you a trial, that was already done. They SIMPLY decide if they are going to UPHOLD the ALREADY imposed sentence.
    However, there CAN BE MANY things inbetween GOING to jail and appeal.
    Toooooo many to get into without specifics in a case.
    In order to get an Appellate appeal there must be sufficient cause for it, such as the forementioned.
    Plus, it's REAL expensive and who pays for it? YOU DO !
     
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  12. Jul 3, 2009 #12
    while there may be slight uneffectual differences, Canadian law is very very simillar, the main differences being terminology used and Canadians do not have the right to bear arms, also,
    in the end result the penalty for possesion and or cultivation in Canadin law may be a little more relaxed, but as for your rights to illegal search and siezure and the process that follows an arrest and or questioning are very simmilar in both Canada and the US.
     
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  13. Jul 3, 2009 #13

    EXCELLENT question, YES, with conditions.

    This HUGE and COMPLEX law recieved little to no review by Congress and was signed by Bush on 10/26/01.

    There's NO WAY i could type this out, but i CAN answer specific questions.

    P.S. LEO LOVES this law as it's confusing and difficult to decifer.
     
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  14. Jul 3, 2009 #14
    Examples of the Patroit Act ( abuse )

    LEO can now;

    1) monitor web surfing, cell phones, wire taps,ISP records, AND, AND AND, those whom PROTEST FOR LEGITMATE reasons

    2) add DNA samples of ANYONE convicted of ANYTHING !!! ANYTHING !!!

    3) and then there is the lovely " SNEEK AND PEEK " searches on homes, this ALLOWS LEO to enter a home without a warrant or even the homeowners knowledge or permission and WITHOUT informing them a search was done.

    Think you can handle yourself alone with LEO now ???
     
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  15. Jul 3, 2009 #15
    NO, they say it's getting worse !!!!!
    Actually adding new and updated things from what i understand.
    No, congress " peeked " at it, but it was NEVER reviewed by experts, this Act was written in haste just like the stimulas bill and pushed through the same way, " in OUR bests interests "
     
  16. Jul 3, 2009 #16

    SherwoodForest

    SherwoodForest

    SherwoodForest

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    That's good stuff and I myself have been my own lawyer in my cultivation case. I demanded deferment of judgment and got it. I was first offered 360 days in jail, a felony conviction and a 10,000 dollar fine. I wittled it down to zero days in jail, no felony conviction, and no fine. I did N/A meetings and drug rehabilitation courses and finished with no felony conviction for a charge of cultivation, intent to distribute, and possesion of 22 pounds of marijiana. All this was in a state and county where MJ was illegal, I win!:D
     
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  17. Jul 3, 2009 #17

    Question.....How did you know about Defferment??? the judge must have been astonished !?
    You got a GREAT DEAL, don't know if i could have done better, lol.:hubba:
    You were SMART to make sure your record stayed clean.

    TIP;
    Have your criminal record pulled, sometimes like a credit report, it's not accurate, some DUMMY INTERN enters wrong or whatever.
     
  18. Jul 3, 2009 #18

    viper

    viper

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    WTG sherwood , do you gents know anything about employee background checks , like can they only go back so far and if a case was deferred do you have to list it on an application ? is having your criminal record pulled free?
     
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  19. Jul 3, 2009 #19

    Assuming we are talking about America. ( gents sounds like overseas,lol )

    1) Is it a local, state or federal check ?

    2) it's not how far THEY go back, it's YOUR record, and it's starts when YOU get put into the system

    3) NO, if the defferment is over, you SHOULD have had a court date to be " released ", you then leave with your "papers".
    You should have followed up by checking your record 3 months after the defferment.

    4) is it free???? IT'S PUBLIC KNOWLEDGE, you CAN'T HIDE IT.
    Look up YOUR towns/cities court system, enter YOUR info. and BAM !
    You can do it NOW !

    If it was deffered, there will be no record and you do NOT have to EVER mention it to anyone INCLUDING LEO !

    hope this helped........................Peace
     
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  20. Jul 3, 2009 #20

    SherwoodForest

    SherwoodForest

    SherwoodForest

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    I knew about deferment because during the 90's I was a marijuana rights activist and had attended several court cases involving MJ. I also watch alot of episodes of Ironsides and Mattlock.:D
     
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