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Re: [tips_and_tricks] Swan update

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  • Frog Farmer
    ... Thanks - I need all the love I can get! People pay bail for convenience and expedience (they think). That, and money - they don t want to miss working for
    Message 1 of 12 , Jun 30, 2003
      Laurie Gardner wrote:

      > Most interesting point was that paying bail gives them jurisdiction....
      > I LOVE YOU!

      Thanks - I need all the love I can get!

      People pay bail for convenience and expedience (they think).
      That, and money - they don't want to miss working for FRNs.

      So instead of doing the right thing, they do the easy thing.

      If someone REALLY believed that a court had no jurisdiction
      (they'd have to know HOW a court gets jurisdiction, wouldn't
      they?) would they agree to the amount of bail set at their
      bail setting hearing? What?! There WAS no bail setting
      hearing? And WHOSE fault is THAT? And how can you have a
      realistic bail setting before probable cause has been
      determined? This can all be ignored in the rush to get out
      on bail and grant jurisdiction.

      Or, you can be "difficult" and refuse to waive any right for
      any cause or reason.

      Each to his own.
    • Frog Farmer
      Are you aware that PA is not the state called Pennsylvania? PA is an imaginary federal zone, or don t you care? I don t know the procedures for
      Message 2 of 12 , Jul 8, 2003
        Are you aware that "PA" is not the state called
        Pennsylvania? PA is an imaginary federal zone, or don't you
        care?

        I don't know the procedures for Pennsylvania. Do you know
        the names of the people who arrested and tossed you? Were
        they lawfully qualified to do so? How many rights did you
        waive between the time you were arrested and the time you
        were released (assuming you're not writing from jail right
        now)? Do you realize that to fail to object timely can be
        interpreted as a waiver of a right? And why do you say,
        "we"? I'm sure you cannot know what happens in every case
        in Pennsylvania. Maybe you were speaking of just you and
        your friends...maybe you were arrested on probable cause for
        some crime that could be described differently than
        "remaining silent" (which is not a crime). If you were
        arrested for breathing air, where would you go from there?

        I would probably demand a probable cause hearing (to get
        even more names) and a bail setting hearing, so I could turn
        down bail. What did you actually do? I would demand a
        proper arraignment, which I have not seen done in California
        in over 20 years.

        keystone law wrote:

        > ok now here in PA we remain silent. We are arrested and tossed. Our
        > rights are violated. Now what. Where does one go from there.
        >
        > keystone law wrote:
        >
        > >
        > >
        > > No but if you have cases that I need not say anything it would be
        > great.
        >
        > "The privilege against self-incrimination, which has had a
        > long and expansive historical development, is the essential
        > mainstay of our adversary system, and guarantees to the
        > individual the "right to remain silent unless he chooses to
        > speak in the unfettered exercise of his own will," during a
        > period of custodial interrogation [384 U.S. 437] as well as
        > in the courts or during the course of other official
        > investigations." Pp. 458-465.
        >
        > Miranda v. Arizona, 384 U.S. 436
        >
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