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Author Topic: --------------------  (Read 440 times)

pognivet

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« on: July 07, 2018, 06:55:17 am »

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« Last Edit: July 12, 2018, 11:38:31 pm by pognivet »
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dragdeler

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 :( How can this be real? Even a month of my salary would be a drop on a hot plate. Will your trial be in front of a judge or will there be a jury?
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ChairmanPoo

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Quote
After I could stomach some water I ended up taking four Quetiapine pills in order to sleep

Hello, from this comment I assume that you have quetiapine readily avaiable at home. Can I ask why are you getting quetiapine prescriptions?
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I am a heron. I have a long neck and I pick fish out of the water w/ my beak. If you dont repost this comment on 10 other pages I will fly into your kitchen tonight and make a mess of your pots and pans.

Everyone sucks at everything. Until they don't. Not sucking is a product of time invested.

pognivet

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« Last Edit: July 12, 2018, 11:38:41 pm by pognivet »
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Trekkin

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If you aren't an attorney, which is probably 99.99 percent of people reading this, then what would you do if you were in my situation?

We'd ask one. Which is what you should do. We're not allowed to give you legal advice.
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pognivet

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« Last Edit: July 12, 2018, 11:38:51 pm by pognivet »
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Doomblade187

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I'm not a lawyer, and I don't know anything about California. But I do know that that the link below leads to a legal aid group based in LA. At the very least, they should be able to to direct you to someone who can help.

https://lafla.org/help/

Best of luck.
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This is why random internet fools should NEVER become the Grim Reaper. It just causes problems.

Sensei

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If you can get a good lawyer, I think you have a chance of getting this thrown out for an illegal search. I'm assuming of course, the shotgun was in fact loaded (though don't say anything about it here, save that for private conversations with a lawyer). I don't know if a public defender will do a good job arguing about it but ask him, hopefully the cops having no dash cam is worth something.

The penal code also says this:
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A person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.
I assume if you were on the highway, that's a "prohibited area of unincorporated territory" but you might ask about it.

If you do plea guilty, you don't have any aggravating factors (you don't have previous offenses, the gun is belongs to you, etc). As such you have a good chance of getting the minimum sentence, which is three months, and it's a misdemeanor only, so it won't be too much of a burden on your record. If you don't cause any trouble in jail, then you have a very high chance of being released early with probation. It's actually uncommon for people to serve the entire length of their sentence. So, try to stick it out, and you'll still be able to own firearms and get a job without having to declare yourself as a felon afterwards.
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The court shall apply the three-month minimum sentence except in unusual cases where the interests of justice would best be served by granting probation or suspending the imposition or execution of sentence without the minimum imprisonment required in this section or by granting probation or suspending the imposition or execution of sentence with conditions other than those set forth in this section, in which case, the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by that disposition.
If I'm reading this correctly, it recommends the minimum sentence in your circumstances. You also might ask your lawyer if he knows what examples are of circumstances where the court deems to offer only probation instead of the minimum sentence. You may also be offered this in exchange for a guilty plea, which I would recommend taking if you don't have good chances on the illegal search angle.
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Harpadarpa.

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You could call around local groups with strong opinions on police brutality. They often have connections with lawyers, and some of those lawyers may be willing to do pro Bono (free) work for you. If that's a bust, call high end law firms and figure out the process for requesting pro Bono legal representation. You probably shouldn't take any plea deal, but depending on what they offer you it may be worth it. Whatever you do, do not plead guilty or no contest without A VERY GOOD plea bargain. No contest and guilty pleas never meet in front of a jury of your peers, which means that you're kinda at the mercy of the judge and the police. I'm no lawyer, but this is the best advice I can offer.
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Trekkin

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If you aren't an attorney, which is probably 99.99 percent of people reading this, then what would you do if you were in my situation?

We'd ask one. Which is what you should do. We're not allowed to give you legal advice.
I can only get a shitty public defender who will roll over and make me plea bargain and put up enough of a fight that he doesn't get disbarred. If you can't give me "legal advice" then please just give me "advice" as you would give to a relative or close friend even though I'm neither.

Well, then: Lose the giant chip on your shoulder about everything, tone down the random cynical asides, and don't take legal advice from the Internet.

Just to be clear, that's not anything to do with your case, just general advice.
« Last Edit: July 12, 2018, 01:35:04 am by Trekkin »
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