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Help with Court Procedure

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  • designedhealth
    Help with court procedure On May 5, 2009 my daughter was given a ticket for shoplifting in Colorado. Following you will find the facts of this alleged
    Message 1 of 4 , Jun 17, 2009
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      Help with court procedure

      On May 5, 2009 my daughter was given a ticket for shoplifting in Colorado.
      Following you will find the facts of this alleged incident:
      My daughter went shopping with a friend at the local JCPenney's store. After browsing for a while they left the store. Outside the store the Loss Prevention Officer stopped my daughter's friend for suspicion of shoplifting. He pointed directly at my daughter's friend and said "You, not you." and then pointed at my daughter. My daughter waited outside for her friend because she drove her there and didn't know for sure what was going on.
      The next thing she knows is that after the police officers came, she was asked by the Loss Prevention Officer to go back and thank her friend because her friend was taking the "fall for her." My daughter went back and thanked her friend because she thought that maybe you could be guilty by association. (Side note: My daughter suspected that her friend was doing something, but didn't know for sure and chose not to say anything to her friend.) Her friend said that she had stolen some things for my daughter. My daughter did not ask her to. My daughter not thinking said that she guessed that she could have stolen those things for her, because she was looking at the items that were taken. Her friend and done this on her own accord and not of my daughters choice. Her friend was taken into custody and booked. My daughter was given a ticket for shoplifting at the store.

      Here is why I'm fighting this.

      1. My daughter was not given a Miranda warning.
      2. They twisted her words for an admission of guilt.
      3. Why not book her?
      4. Went to the police station and got a copy of the report and my daughter is not implicated at all in the statement from the Loss Prevention Officer
      5. Police officer is using my daughters misunderstanding of the questions as guilt.

      We went to the arraignment, and chose to talk to the DA. After reading the report he said that there was nothing implicating your daughter. My response was "Precisely, that's why I want to know why we are here?" After a few minutes he starts writing something on the paperwork and said that he was setting it for trial because he doesn't believe that they would have issued a ticket for no reason, wanted to do more research, and said he would probably dismiss it. I proceeded to write up an answer and motion for discovery and sent it certified on June 13, 2009. My answer was based on the defense of Miranda Rights, and Guilt by Association. My daughter receives a phone call today saying that they want to push the trial to August now because their witness won't be there on the July 10, trial date. We are getting ready to move out of state and don't want the trial pushed back. The lady from the court office said that the judge had already granted the request.
      Isn't this out of procedure? How could they have sent subpoenas' out already? And, don't I get a chance to rebut that request? I guess I am asking for ideas on what to do from here. If I need to do more research I don't mind just what like some ideas on this issue. Thank You.
    • The Handyman
      If the other girl accepts a plea bargain they will charge your daughter (if they can) as a principal to theft. This is standard procedure. The Miranda warning
      Message 2 of 4 , Jun 17, 2009
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        If the other girl accepts a plea bargain they will charge your daughter (if they can) as a principal to theft. This is standard procedure. The Miranda warning is not necessary until one is arrested. You can move for a speedy trial. Check your state code for the length of time in which they must go to trial. In most states it is 90 days. Wait until the time expires and move for dismissal. If your daughter was arraigned she had to have counsel. If not such arraignment is void. If they were together at the time the other girl stashed the loot in her purse or ?, your daughter will have a difficult time standing trial. Do not try to defend the charge. You must defeat the action based upon some error. Would be helpful if you posted the indictment and a bill of particulars. Until then we would only be guessing. I suggest she quit talking with the DA. He will hang her with her own words. They will offer a plea bargain. The amount of what was taken determines the severity of a sentence. Playing catch up law on a first time charge is not going to be easy but you may not have any other choice. It is a good thing you have this group and they will assist in many ways. Learn the counsel and license to practice law issue and use it as leverage. Shalom
        ----- Original Message -----
        From: designedhealth
        To: tips_and_tricks@yahoogroups.com
        Sent: Wednesday, June 17, 2009 2:18 PM
        Subject: [tips_and_tricks] Help with Court Procedure





        Help with court procedure

        On May 5, 2009 my daughter was given a ticket for shoplifting in Colorado.
        Following you will find the facts of this alleged incident:
        My daughter went shopping with a friend at the local JCPenney's store. After browsing for a while they left the store. Outside the store the Loss Prevention Officer stopped my daughter's friend for suspicion of shoplifting. He pointed directly at my daughter's friend and said "You, not you." and then pointed at my daughter. My daughter waited outside for her friend because she drove her there and didn't know for sure what was going on.
      • Gary D
        If you go before the judge and explain this... as said below, I don t see much of a problem, however as to your other question a continuance are common place
        Message 3 of 4 , Jun 17, 2009
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          If you go before the judge and explain this... as said below, I
          don't see much of a problem, however as to your other
          question a continuance are common place there is nothing
          wrong there.

          Miranda is when you are under arrest I don't think she was under
          arrest, just childishly saying incriminating words as that is how
          most people are ultimately found guilt by opening there mouth.

          I would notify the court about your need to move so they will
          not accept another continuance.

          Gary


          > To: tips_and_tricks@yahoogroups.com
          > From: designedhealth@...
          > Date: Wed, 17 Jun 2009 19:18:31 +0000
          > Subject: [tips_and_tricks] Help with Court Procedure
          >
          > Help with court procedure
          >
          > On May 5, 2009 my daughter was given a ticket for shoplifting in Colorado.
          > Following you will find the facts of this alleged incident:
          > My daughter went shopping with a friend at the local JCPenney's store. After browsing for a while they left the store. Outside the store the Loss Prevention Officer stopped my daughter's friend for suspicion of shoplifting. He pointed directly at my daughter's friend and said "You, not you." and then pointed at my daughter. My daughter waited outside for her friend because she drove her there and didn't know for sure what was going on.
        • Powell, Karenx F
          Bear I hope you will allow this – I think it’s worth it to post. This is a letter a woman from AZ wrote, an open letter to our nation s leadership. It is
          Message 4 of 4 , Jun 17, 2009
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            Bear I hope you will allow this – I think it’s worth it to post.

             

            This is a letter a woman from AZ wrote, an open letter to our nation's leadership.  It is one of the most concise and well written letters regarding what it taking place in our country.  Her name is

            Janet Contreras and this is what she wrote: 

             

             

            I'm a home grown American citizen, 53, registered Democrat all my life. Before the last presidential election I registered as a Republican because I no longer felt the Democratic Party represents my views or works to pursue issues important to me. Now I no longer feel the Republican Party represents my views or works to pursue issues important to me. The fact is I no longer feel any political party or representative in Washington represents my views or works to pursue the issues important to me. There must be someone. Please tell me who you are. Please stand up and tell me that you are there and that you're willing to fight for our Constitution as it was written. Please stand up now. You might ask yourself what my views and issues are that I would horribly feel so disenfranchised by both major political parties. What kind of nut job am I? Will you please tell me?

            Well, these are briefly my views and issues for which I seek representation:

            One, illegal immigration. I want you to stop coddling illegal immigrants and secure our borders. Close the underground tunnels. Stop the violence and the trafficking in drugs and people. No amnesty, not again. Been there, done that, no resolution. P.S., I'm not a racist. This isn't to be confused with legal immigration.

            Two, the TARP bill, I want it repealed and I want no further funding supplied to it. We told you no, but you did it anyway. I want the remaining unfunded 95% repealed. Freeze, repeal.

            Three: Czars, I want the circumvention of our checks and balances stopped immediately. Fire the czars. No more czars. Government officials answer to the process, not to the president. Stop trampling on our Constitution and honor it.

            Four, cap and trade. The debate on global warming is not over. There is more to say.

            Five, universal healthcare. I will not be rushed into another expensive decision. Don't you dare try to pass this in the middle of the night and then go on break. Slow down!

            Six, growing government control. I want states rights and sovereignty fully restored. I want less government in my life, not more. Shrink it down. Mind your own business. You have enough to take care of with your real obligations. Why don't you start there.

            Seven, ACORN. I do not want ACORN and its affiliates in charge of our 2010 census. I want them investigated. I also do not want mandatory escrow fees contributed to them every time on every real estate deal that closes. Stop the funding to ACORN and its affiliates pending impartial audits and investigations. I do not trust them with taking the census over with our taxpayer money. I don't trust them with our taxpayer money. Face up to the allegations against them and get it resolved before taxpayers get any more involved with them. If it walks like a duck and talks like a duck, hello. Stop protecting your political buddies. You work for us, the people. Investigate.

            Eight, redistribution of wealth. No, no, no. I work for my money. It is mine. I have always worked for people with more money than I have because they gave me jobs. That is the only redistribution of wealth that I will support. I never got a job from a poor person. Why do you want me to hate my employers? Why ‑‑ what do you have against shareholders making a profit?

            Nine, charitable contributions. Although I never got a job from a poor person, I have helped many in need. Charity belongs in our local communities, where we know our needs best and can use our local talent and our local resources. Butt out, please. We want to do it ourselves.

            Ten, corporate bailouts. Knock it off. Sink or swim like the rest of us. If there are hard times ahead, we'll be better off just getting into it and letting the strong survive. Quick and painful. Have you ever ripped off a Band‑Aid? We will pull together. Great things happen in America under great hardship. Give us the chance to innovate. We cannot disappoint you more than you have disappointed us.

            Eleven, transparency and accountability. How about it? No, really, how about it? Let's have it. Let's say we give the buzzwords a rest and have some straight honest talk. Please try ‑‑ please stop manipulating and trying to appease me with clever wording. I am not the idiot you obviously take me for. Stop sneaking around and meeting in back rooms making deals with your friends. It will only be a prelude to your criminal investigation. Stop hiding things from me.

            Twelve, unprecedented quick spending. Stop it now.

            Take a breath. Listen to the people. Let's just slow down and get some input from some nonpoliticians on the subject. Stop making everything an emergency. Stop speed reading our bills into law. I am not an activist. I am not a community organizer. Nor am I a terrorist, a militant or a violent person. I am a parent and a grandparent. I work. I'm busy. I'm busy. I am busy, and I am tired. I thought we elected competent people to take care of the business of government so that we could work, raise our families, pay our bills, have a little recreation, complain about taxes, endure our hardships, pursue our personal goals, cut our lawn, wash our cars on the weekends and be responsible contributing members of society and teach our children to be the same all while living in the home of the free and land of the brave.

            I entrusted you with upholding the Constitution. I believed in the checks and balances to keep from getting far off course. What happened? You are very far off course. Do you really think I find humor in the hiring of a speed reader to unintelligently ramble all through a bill that you signed into law without knowing what it contained? I do not. It is a mockery of the responsibility I have entrusted to you. It is a slap in the face. I am not laughing at your arrogance. Why is it that I feel as if you would not trust me to make a single decision about my own life and how I would live it but you should expect that I should trust you with the debt that you have laid on all of us and our children. We did not want the TARP bill. We said no. We would repeal it if we could. I am sure that we still cannot. There is such urgency and recklessness in all of the recent spending.

            From my perspective, it seems that all of you have gone insane. I also know that I am far from alone in these feelings. Do you honestly feel that your current pursuits have merit to patriotic Americans? We want it to stop. We want to put the brakes on everything that is being rushed by us and forced upon us. We want our voice back. You have forced us to put our lives on hold to straighten out the mess that you are making. We will have to give up our vacations, our time spent with our children, any relaxation time we may have had and money we cannot afford to spend on you to bring our concerns to Washington . Our president often knows all the right buzzword is unsustainable. Well, no kidding. How many tens of thousands of dollars did the focus group cost to come up with that word? We don't want your overpriced words. Stop treating us like we're morons.

            We want all of you to stop focusing on your reelection and do the job we want done, not the job you want done or the job your party wants done. You work for us and at this rate I guarantee you not for long because we are coming. We will be heard and we will be represented. You think we're so busy with our lives that we will never come for you? We are the formerly silent majority, all of us who quietly work , pay taxes, obey the law, vote, save money, keep our noses to the grindstone and we are now looking up at you. You have awakened us, the patriotic spirit so strong and so powerful that it had been sleeping too long. You have pushed us too far. Our numbers are great. They may surprise you. For every one of us who will be there, there will be hundreds more that could not come. Unlike you, we have their trust. We will represent them honestly, rest assured. They will be at the polls on voting day to usher you out of office. We have cancelled vacations. We will use our last few dollars saved. We will find the representation among us and a grassroots campaign will flourish. We didn't ask for this fight. But the gloves are coming off. We do not come in violence, but we are angry. You will represent us or you will be replaced with someone who will. There are candidates among us when hewill rise like a Phoenix from the ashes that you have made of our constitution.

            Democrat, Republican, independent, libertarian. Understand this. We don't care. Political parties are meaningless to us. Patriotic Americans are willing to do right by us and our Constitution and that is all that matters to us now. We are going to fire all of you who abuse power and seek more. It is not your power. It is ours and we want it back. We entrusted you with it and you abused it. You are dishonorable. You are dishonest. As Americans we are ashamed of you. You have brought shame to us. If you are not representing the wants and needs of your constituency loudly and consistently, in spite of the objections of your party, you will be fired. Did you hear? We no longer care about your political parties. You need to be loyal to us, not to them. Because we will get you fired and they will not save you. If you do or can represent me, my issues, my views, please stand up. Make your identity known. You need to make some noise about it. Speak up. I need to know who you are. If you do not speak up, you will be herded out with the rest of the sheep and we will replace the whole damn congress if need be one by one. We are coming. Are we coming for you? Who do you represent? What do you represent? Listen. Because we are coming. We the people are coming.

            Glenn Beck read this letter on his show today and if you follow this link there is a petition you can sign if you agree with this woman.    There are so many people trying to sign the petition the site is down, but it will be up again and I will keep trying.  http://www.glennbeck.com/content/articles/article/198/26742/?ck=1

             

             

            .

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