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Non contendra plea

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  • Mr. Black
    Driving through California, and Delirius by medical professionals........ County police turned on their lights to stop a vehicle, delirius person felt they
    Message 1 of 1 , May 6, 2007
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      Driving through California, and Delirius by medical professionals........ County police turned on their lights to stop a vehicle, delirius person felt they were trying to stop another.. so kept going for 6 1/2 miles.. Another police officer drove in front of vehicle.. Forcing vehicle with delirius person inside.. pulled guns and cuffed and put in back of police car.. No rights read, nothing.. Took the lady to jail, and searched the lady....... No reason for the stop or why in jail now, still no rights read, no mug shot, no fingerprints, no intake, nothing.. The lady got panic'd and ask for her medication in her purse.. She had heart failure, and panic disorder.. The jailer said no, and called the medics... The medics came and took EKG, blood pressure, and listened to her heart.. Medics did not say anything and put her on a stretcher, on route to hospital.. Lady was denied any rights, or any information regarding her condition.. In route to hospital, medic started putting introvenes in her arm...... She panic'd and pulled out the needle and tried to get out the back.. the medic kept her inside the ambulance.. The ambulance stopped...... she gets out of the vehicle.. She is immediately shot with a tazer gun... After a lot of chit chat, the lady was cuffed to the stretcher and back in the ambulance... In hospital she was cuffed to the bed... mental health came, and evaluated.. Police officer came back and accused her of possessiong a Tazar weapon... and showed the weapon.. She went silent.. Still no reason for being in the hospital, or jailed.. no rights read etc... Anyway they uncuffed her after she gave her blood up...
      After trial and error at the hospital, being unconscience, unable to be woken, blab, blab, blab, they released her with a simple notice of own recog, and not being signed by her only written on the paper Defendant refused to sign...  and to appear in court on such and such date... SHe doesn't remember any of this at all..the hospital released against their opinion..
      Goes to court on specific date.. appointed an attorney..... Court attorney states she was guilty as hell for "Failure to yeild and Resisting an officer". unless found unconscience.... Original charges set in hospital records were "Failure to yeild and Possession of Tazar Weapon", 2 Felonys.... Anyway, the appointed attorney states no need to return until he tells her to.
          Medical records arrive, stating the woman was delirius, had amnesia, and couldn't even remember why she was in Calif. at all........... the fact was she was lost, on her way to las vegas... all because of her medical condition.
           the gal sent all this evidence to attorney, along with affidavits from family members verifying she wasn't in her right mind... The attorney does NOTHING with it..
           On day the lady gets a notice in the mail....... of court date etc.. notice also states.... " NOTICE OF TRIAL"...... Failure to appear is a misdeamener, however if defendant contacts the court and states you will not appear and wish for bail to be forfeited, and case close.. that was an opinion.. So the lady takes that offer and returns the Notice with the offer to close case.. Oh yes and the notice stated "officer could not be found" to serve..
           After a week or so the lady calls the court to see if the case was closed.. The court clerk, almost screams at her, stating she didn't appear, and a warrant was out for her arrest if she didn't show up this other date...and that the notice was not intended for her, but only for traffic violators.. So she shows........ trys to settle the case, but judge thought she was nuts.. A judicial notice was placed prior to appearance, regarding all this mess.. Apparently it was not read either..
           Long story short, she pleas non condendra..at the district attorney's advice, being he said she didn't have enough evidence to be found not guilty..  and was sentenced to 18 months probation, and 1 day in jail already served and 125.00 fine...
           The question is....... What would happen if she sent in a motion to withdraw non contendra plea, based on Judical notice not being ruled on first, as it should have been...  No counsel due to the fact the attorney did NOTHING, and she had to fire him.. also being their under threat, duress and coehersion, which she did sign the plea with those initials.. and she did make mention on two different accounts she was there to settle the account, and reserved the right to tort... Also she wants to withdrawn her signature in a motion as well.. Now she will however pay the fine of 125.00 in the event this goes south to prevent arrest for non payment..   
            I can find rulings stating Judicial Notice must be ruled on first, but can't find anything at all on withdrawn plea, and signature.. 
            This woman was terrorized, and thought they were goiing to kill her.. she placed her affidavit, and rebuttal to the police report, and offered to take a lie detector test to prove her truth. but the DA said her affidavit was totally worthless, as they wouldn't not accept anything as such..  Again, there was NEVER any rights read, no fingerprints, no mug shot, no intake at jail.. nothing.. they stated she tried to pass the police officer, and she stated please show the video on that one.. She was following the law exactly........ except obviously didn't stop when the lights were on.. Also the medical report stated the officer reported to them, she was driving a white 06 truck, when in fact she was driving a black 04 truck.. they also stated she had illegal drugs in her purse.(her heart meds, and panic meds)....... and possession of a stun gun........ They have none of this.. and probably the reason they brought the guns to the hospital to get her fingerprints on them.. What slims
           Maybe a Administrative review would be in order as well, with Supenue Duca Tecums toward all involved...  Any thoughts would be great, if you can decifer this mess..
           It is thought the loss of conscience in hospital could have been caused by the tazar shot, beings she was having a heart condition... "Heart Failure"... and the officer who shot her knew she was ill........... because the later report stated she had an irregular heartbeat and the reason for taking her to the hospital.. What crime is there involved by not wanting needles in your arm, especially not being told why,, the lady thought they were going to kill her after all the other stuff they had done unlawfully,,.
      Regards,
       
       
       


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