See 'Ya In Court

[senorsalvia]

senor has to appear as defendant in trial tomorrow...  I'ts just a l'il tresspassing charge / misdemeanor /yadda yadda...  In fact, a couple weeks ago, they offered to let me plead guilty with no time / no fine / no probation / etc...  Just plead and walk away....  I would not do so, 'cuz I was merely sitting at a local park drinking a cup of coffee during open park hours...  Did not do a friggin thing to warrant being told to leave the park, thus my refusal to plead guilty...  So...  now the prosecution wants 20 days and I demanded trial....   If I'm not around shortly I guess that means I've found another Kangaroo court in session in this land of the not so free...........................   :roll:

[laughingwillow]

Damn, sal....

Good luck, mon.

lw

[senorsalvia]

Yeah, but what can I say...  I will admit that I could have made it oh so easy by just copping to the guilty...  Could not go there,,,  Fuck 'em. I did nothing illegal....  I'd rather go to jail than give 'em the guilty....    Guess I can't help  bein a leftist hippie :wink: ----  Appreciate 'da concern----

[Anonymous]

THAT'S RIGHT MAN STAND UP FOR YOUR FUCKIN' RIGHTS!

SLAP THE JUDGE FOR ME!

[laughingwillow]

I doubt physical violence against a gubmit official will further sal's cause in either the short or long term.

And wanting to slap most any judge is just as bad as a cop wanting to slap a hippie for smiling on a cloudy day, imo.

Violent little pecker head, that one..... :lol:

lw

[Stonehenge]

What I would do is research the statute you are charged under. There should be a public law library in your area. Make a copy of the statute if they let you. When you appear before the judge, be polite and have your facts in order. For example: "I was charged with trespassing but under the statute, it says... and I was... so therefor it doesn't apply" and just tick off the facts one after the other. Pleading guilty to some bs means you have a record and they can use that against you next time. Good luck

[Anonymous]

Your right... I wouldn't slap the judge, just letting off some steam...

If I did that... well I'd be just as bad as him, wouldn't I?

Sounds like Stonehedge offered some good advice, I'd do what he suggested (but on the inside I'd imagine smackin' the judge and maybe rubbin' my butt in the cops face )

 :lol:

[Syd]

My thoughts exactly Stonehenge, after I read your post. =) Either way Sal, best of luck to you.

[judih]

Sal, takin the high road is your only option. You're absolutely right. With a firm legal stance, it will make you invincible.

My only day at court was lost because I was using my word against a cop's and that was not the most effective form of defence. But written legalities under my arm certainly would have added weight to my plea.

Best of luck to you.

[Bushpig]

Yes, I'd say be in possession of the facts in regards to law.  However at the time of writing this you no longer have any time for that, so I hope you have done it already !  Good luck!


Boooshpig

[senorsalvia]

Ah well,  just got back from yet another court appearance....  The state asked for another continuance (which the judge granted)..  So, things are still in the land of limbo...  The judge (a seemingly really cool black lady) told the prosecution that this (their 3rd) postponment will be the last, and further told the prosecution that if they wee not ready to proceed in 2 weeks time, that she would dismiss the charge outright...  Yeah I guess that is sorta cool, but I'm just itching to play this one out anyway!!!  BTW. I have researched this case, checked case law, etc.... My layer is actually pretty righteous as well.  She's a public defender and all, but still, she tells me she's pumped about my case, especially happy with the novelty that I, her client will not roll over, not take a guilty and am demanding that this become a sort of test case...    Ok, now here's the whole "back story' to the thing...  I moved back to Tallahassee a year or so ag.  Went to this public park and sat down on a picnic table under a gazeebo.  Broad daylight, park in operation etc...  Eventually a stranger came up and took an adjacent bench..  We began talking...  There was another gazeebo about 75 ft away with some others using that spot.  A person came out of the nearby restroom, saw the stranger I was talking to, and began ragging on him from 100ft away...  "Yeah mofo, 'ya think this shit is over, you're gonna get your ass beat, yadda yadda....  Now, I had no idea what was going on, and the stranger near me was shaking his head, telling the other dude to just drop it, be cool, etc...  Eventually, another stranger comes by and sits under 'my gazeebo'..  He's drinking a beer which is illegal in the park...  Then, a girl comes and sits at the gazeeb(she knows my stranger)  He asks to use her cell phone to call the cops cuz he's been threatened by the folks at that other gazeebo and he's scared....  The cops show up, they ID everybody at both gazeebos, they tell the guy with the beer that he knows better and to leave the park....  Then they tell 'my' stranger that the way they are gonna solve this is to tresspass everyone out of the park....  They take all our names write em down and tell us all to leave...  Now, the guy that asked for the cops help is shocked and bummed cuz he's getting tresspassed, I'm shocked cuz I've done not a damn thing and am sitting there drinking a cup of coffee...  He tells the cops  "this is bullshit"   I tell the cops to call their watch commander to the scene, that I have no intention on leaving the park, that I'm not part of this crowd, am a citizen merely using the park...  Everybody else scoots outta the park but me and 'my dude'....  The cops threaten to arrest us, we both say go ahead, we'll sue etc etc....  Eventually they call the watch commander who tells us to leave the park, his officers are God, etc etc....  Fast forward to a few months ago....  I'm sitting at that same park, where I must admit I am aware that technically, apparently I am nixed out of...  I'm walking by a bench and see a friend of mine, who tells me to sit down and eat some chicken he just bought from across the street...  I sit down, we start eating talking, and lo and behold, the cops show up...  Seems there had been some sort of disturbance nearby, a half hour prior, and we are sitting near where it occured....  The cops ID us, ta da...They issue me a notice to appear in court for violation of a tresspassing warrant.....  Now, granted I was totally aware that I am technically not supposed to be there, but for one thing I feel the initial tresspass was invalind, and for another thing, it seems that evry one I talked to seems to feel that if the cops tell you you can not utilze a park, well,,, that's it forever....  Nawwww, bullshit..  They can not just deny you acess to the friggin public park for (as the cop said) 'until the 12th of never'....  So, I'm fighting this on principal in general, and on the legal basis of a couple points such as, the arbitrary way the initial tresspass was issued, plus the techno legal problem of denying someone access in perpituity of a public space........  Ha, today when my lawyer was conferring with me, I mentioned to her that I was sorry to put her through all this for such a small case, but I was really looking forward to her "Atticus Finch"  impression she cracked up...  I once again told her I would not cop to guilty even with no time/fine/etc...  Told her it was a principal and that the judge needed to make it clear, on record, that someone just can't be told they cant use a public space....  My lawyer said she just loved to see someon who actually was in the right and wasn't gonna get shut down by the implied power of the court system....  So there's the recap as it now stands :wink: -----   Guess I'll go forment some dissent somewhere now :lol:

[Stonehenge]

Sounds like you have them on the run. Glad to hear you have a lawyer even if a PD. What did she tell you about how long a trespass warning lasted? I was wondering about that myself. Can't be forever. And does there need to be valid cause? I hope you win and find the answers to those questions.

I've beaten lots of traffic cases in court. A couple times they had me dead to rights and just didn't show up. I loved it. A couple times I just flat out beat them. It was against just dumb cops so no biggie. One time I beat the asst state atty at her own game. I always look up the statute and if they cited you under the wrong section or something, they lose. Or no show of a witness or the cop.

[Anonymous]

I'm so glad your doing what your doing, makes me very happy and proud that a member of entheogenic community would act as such.

Your sir, are an honorable man.

Good luck! I have a good feeling about this one (black lady jugde? )!!!

[judih]

What a complicated string of police events. I adore that your lawyer is right with you and your rights.

Why would the other side want a continuance? In hope you'll give up? It's such a waste of taxpayer's money. They need to say:

We're wrong. You're right, sir. Forgive our overly aggressive first charge of trespassing and please excuse us for dragging you in here because of violation of that wrongly attached charge.
Of course, we'll pay for damages and rename your gazebo, For Senor and friends.

And the judge will warn the police officers about issuing group charges being unconstitutional, dismiss all charges against you, have the duly noted new gazebo name inscribed in the books, and then wish you well.

that would be satisfactory the way i see it.
Good luck, Sal

[senorsalvia]

yesirreee, this case has been a strange little thorn in the prosecutions side I'm sure...  I'm sure most here are not really surprised at this sort of abuse of "State" power...  As far as just how long a tresspass remains valid..  That's one of the points my PD is prepared to raise..  The time prior to this last appearance, she asked the judge that very pertinent question and asked for a definitive cout declaration...  Ha, that's when the prosecutor jumped up and spouted off "Then if the defendanta and defencse council wish to pusue sunch avenues of inquiry, then the State herby withdraws it's intent to agree to the initial offer of 20 days, timed seved, nof probation or fine or costs"  When the guy said that, I turned my head at him and smirked, saying"counselor I never served 20 days, That was your original offer offer;  that I could agree to guilty or be facing 20 days, I'm here contest the charge"....  As far as why they keep dragging this threw the mill.  Well, I gotta think that (1) the prosecution is just scrambling blindly because they had n belief I'd contest the charge to begin with, and (2) they keep postponing and setting other dates, figuring that senor being homeless, will just blow the thing off, not appear in court as required, and 'voila', now the state really would have a legal way to screw me over....  As to how long a tresspass is valid:  The judge told my attorney that she could understand that in essence, defense wanted clarification as to a finite time line, but she was fairly certain that the legal requirement for the police to act "as an agent for the property owner in regards to tresspass" is limited to a one year period unless the owner of the property goes up each and every year and signs a written form requesting another year extension....  That's basically why the judge wanted to postpone the last time....  This time, my side was ready to go, but the State was not...  Seems they have never even seen the initial police report and want to look it over before deciding on any future action, if any, on thier part.....   Jeez, I wonder just how many tax dollars this whole charade is costing 'We 'Da Peeps'......Hell, I'm without a job at the present time....  I've got nothing better to do than appear in court and watch all this posturing and nonsense, watch them all waste time and money.....   'Ain't  AmeriKKKa just a grand 'ole place :roll:  :roll:    senor is totally willing to see this one through to the end....  man 'da barricades,,,, off with their heads,,, go ask Alice, when she's 10 ft tall,,, :wink:  :wink: