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Re: IMPRISONED FOR "DRIVING A NICE CAR IN A BAD NEIGHBORHOOD
Posted by JAP to C on 8/01/08

    On 7/29/08, JAP to C wrote:
    > On 7/29/08, C wrote:
    >> An officer of the law may pull you over for pretty much any reason
    >> he wants. This applies to most every state. In a nice neighborhood
    > a
    >> car that is less than desirable or say for example a van that says
    >> "free candy" on the side may illicit some concern or at least some
    >> checking into, at minimum a double take. If you are doing something
    >> illegal you may want to remain as inconspicuous as possible. This
    >> means knowing and understanding your surroundings and if you are in
    >> the ghetto, a Carrera GT may be a bad choice to delve out drugs
    > with.
    >>
    >> My point here is there must have been some other factors we are not
    >> hearing here. If the arrest was solely based on the car you were
    >> driving, well then it should be over already w/ half competent
    >> counsel. On the other hand if the nice car was a means to an end it
    >> will probably be more difficult to prove.
    >>
    >> GL either way,
    >>
    >> C
    >
    > Proving this is the easy part...getting help in litigating it is the
    > difficult fence to jump. The police officers admitted to this
    > during trial...on the record. Yes, they can pull you over for
    > pretty much anything...probable cause must be the prevailing
    > objective though. The trial should have stopped right there!! True,
    > I did have a court appointed attorney...fact is I have had 5 (five)
    > appointed attorney's...2 (two) of which claim to have been TOLD not
    > to defend. Call it what you want....I call it conspiracy,
    > railroading just for a start. I submitted an 11.07...no answer
    > yet! Filed with the State Bar...of course the cloak was laid over
    > it!! Everything after the admission of stopping someone
    > for "driving a nice car in a bad neighborhood" does not matter.
    > Listen, Elmer Fudd stopped laughing when??? That's right when the
    > rabbit had his turn. I have all the proof transcripts,
    > documentation, from start to finish. All I want is for the law to
    > apply accross the counter just as it does when I am wrong. Ever
    > heard of proper perspective or the haves and the have not's? I need
    > a real chance at setting the record straight...you just can't break
    > the law and call yourself upholding is at the same time, while
    > expecting right to come from dirty deeds.
    >
    > Anyway thanks for the chat...
    >>
    >>
    >>
    >>
    >>
    >> On 7/26/08, -- wrote:
    >>>
    >>>> Hey!! That has been done already. Do the ends justify the
    >>>> means? Where are the attorney's that actually look at what
    >>>> took place to get the conviction? It is far more criminal to
    >>>> break the law, in order to uphold the law, than to outright
    >>>> break the law and get caught. One who breaks the law in order
    >>>> the catch a law breaker, breaks the law first and foremost.
    >>>> The law does not walk on two feet, nor sit on the fleshly
    >>>> cushion of a rear end...does it? Since when does a person get
    >>>> sent to prison for "driving a nice car" that rightfully
    >>>> belongs to them? Since when does chronological order of
    >>>> events not matter?
    >>>
    >>> It is impossible to know what the actual legal situation you
    >>> faced was from your postng. I gather you do not claim "actual
    >>> innocence" rather "procedural" innocence because of improper
    >>> police work and prosecutorial misconduct.
    >>>
    >>> You indicate that a direct appeal has already been done,
    >>> apparently it was unsuccessful.
    >>>
    >>> One last type of "appeal" process is called "post-conviction
    >>> relief." Most states have enacted their own form of habeas
    >>> corpus and coram nobis relief statutes. If you are still under
    >>> the terms of your conviction -- that is you are incarcerated or
    >>> on probation/parole -- you may be able to seek relief under
    >>> the "post-conviction" statute of your state. It is always a long
    >>> shot and a last resort. A majority of states place a time limit
    >>> on when you may seek "post-conviction" relief. You will need to
    >>> find out if you are still eligible to file a petition for relief
    >>> or if the time has run out. Each state's "post-conviction"
    >>> petition process is different.

    Well, C.

    If you look at the response under your last you will find an answer
    to your question.

     
     

 
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