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isn't there a limit of what fines can be imposed for misdemeanor offenses? Isn't $400,000 over that limit? If they actually hit her with felony distribution charges it would be a different story, but a misdemeanor possesion charge is not a reason to take the house. She plead "no contest" because she didn't want to take the time and money to hire a lawyer to fight a $500 ticket. A lawyer would have cost more. She shouldn't have to prove it wasn't drug money, whatever happened to "innocent until proven guilty"
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What is the problem with the homeowner documenting (fed tax return?) that they had enough income to make the the payments? If they can't do this, then it becomes very easy to believe that illegal activities actually paid for the property. FWIW, I do think the reprted case is pretty harsh, but like others here said, if it was some poor guy and a $10K trailer, nobody would care. The ACLU must be drooling over this... a new poster child for their fine organization. |
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It still exists, but in order to prevent any guilty from 'going free' 'they' enact such draconian policies that inadvertently chew up the innocents you speak of. so thinks me. |
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seems neither will, Looking at NO right now. |
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no fucking shit!!! she's a goddam DRUG DEALER!!! some of you people need to stop drinking your bong water... <You have a right to disagree, but please do so in a respectful manner. edited by Defcon> ETA: shoulda added the damn smiley face! i don't think i've ever insulted anyone directly here and didn't intend to this time so please don't take offense, it was meant as a kiddin' around poke... |
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The fun part is that now she has to hire a lawyer to fight a team of taxpayer-funded government lawyers. If she doesn't have the cash for that (which could also be seized, rendering her unable to hire anyone) then she automatically loses. This is why people who have their cars seized rarely fight it -- by the time you get done paying for the lawyer you could have bought a new car, anyway. Therefore, anything seized by the cops is pretty much automatically theirs, whether the person was innocent or not. A friend of mine is going through this with some cash they seized from him. He was in a cash business, and had receipts, testimony of customers, etc. to prove that it was legitimate. Theoretically, he could make a case for it and get his money back. But, just to keep things interesting, every time he calls the phone number they gave him to pursue the case he gets told that the phone number has been changed and he has to call someone new. It has been a year and a half now and he still hasn't found the "right" person to talk to. Outright theft and legal looting by law enforcement you say???? Naaaaah, couldn't be. |
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They would not care enough about something that small to spend the time on it. By the time the locals do the work to confiscate it then give the FEDS and the state their cut it isn't usually worth their time to go after something so small. |
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If she's only selling pot and only to adults I DON'T GIVE A SHIT. |
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How does it become "very easy to believe that illegal activities paid for the property" if there is no proof of any illegal activities that would have provided that kind of income? Let's see. I find it very easy to believe that you financed your house with money from drug dealing. We don't need any real proof, I just believe it. Therefore, I slap a government lien on your house. I also think that the rest of your money was ill-gotten, too, so let's slap a lien on that so you can't run off to South America with it. Now you get to hire an attorney. All he has to do is prove that the property is innocent. Not that you are innocent, mind you, because your guilt really has no bearing on the subject. It is whether the property was ever engaged in any crime. Now property doesn't have the same presumption of innocence that you do, so you have to prove the property has never had any illegal activity on it. The burden of proof is on you, not the government. Neither does the property have any guaranteed right to a fair trial, due process, or anything else. We can screw you around with every legal and bureaucratic trick until you finally decide that you are better off dumping it and moving into an apartment. But, of course, we already put a lien on your property and took your cash under the same theory, so there is no way you are going to be able to hire a lawyer to defend your property. We can put as many lawyers as we want on the case, of course -- all funded by your tax dollars. If you can't prove that the property was never used for any crime, you lose it. If you lost any of your financial records over the last several years, then you are sucking wind right there. Even if you have the financial records, we will run you around with so much bureacratic BS that you will get tired of the nonsense, anyway. And, while all this is going on, you can't get a loan on your house, you can't sell it, and your credit rating will certainly go to hell in a hurry. Of course, that's just what can happen if you are completely innocent. Just FYI, in eighty percent of all seizure cases, charges are never even filed against the person who lost the property. They have so much bureacratic bullshit and other problems they can cause you that they have faith that you will ultimately see that it is just best to give them anything they ask for. And that all strikes you as being completely in spirit with the Constitution and our basic American ideals, I suppose. |
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You at you running around, knees-bent-advanceing behaviour, you silly English cuh-nig-it! |
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No, actually, you should see the car auctions of seized autos they used to feature prominently in the want ads of the LA Times. Pages and pages of seized autos. The great majority of property seizures are under $50,000 (which rather proves that seizures aren't being used against major drug kingpins as those who supported the law originally claimed). There is a big benefit in seizing smaller items such as cars and trailers. They can be absolutely sure that the cost of hiring a lawyer to pursue the case is going to cost more than the item in question -- therefore smaller seizures automatically mean that no one is going to fight it. In short, they can just take anything they want. That sheriff in Oklahoma I mentioned seized lots of cars on the highway using this exact method. All the cars were later sold at auction and -- this will really surprise you -- the great majority of them wound up in his own hands or the hands of his friends for a small fraction of their actual value. All perfectly "legal" of course. |
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Did you happen to read the part about where she was not convicted of dealing? |
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This isan't very hard to understand. She went through the legal system, the system decided a $500 fine was all that was needed. The city saw she had alot of assets, and being the money grubbing bastards that all cities are, decided it didn't like the way the legal system worked. So they imposed their own fine. So who gets to punish people, a judge and jury, or politician who will make $400k if he wins? Hows this one. You get accused of murder, your case gets thrown out for whatever reason. Though the city officials are mad because they put out alot of money to nail you. They have you arrested and executed because it does not matter what the judge and the AG decided, they still want you to be punished. |
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Wolfman, I don't necessarily disagree with what you are saying... I agree the gov should be required to prove THEIR charges. However, if the woman has/had no legitimate income, how does she prove she had the ability to make the mortgage payments except via illegal activities? Like I said, I think there is more to this story than is being reported. |
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This isn't an issue of whether or not she should have her house taken away for selling pot, it's one of whether or not the city can impose its will on someone AFTER they've been tried, punished and had their fines paid for this misdemeanor offense. She had her day in court and so did the prosecution. She paid her dues. Now the city wants to sue to take away her house. There is something fundementally wrong with a government agency that has the power to punish someone over and beyond the power of the courts. There has to be some motivation for such actions. It could be that the city wants to "send a message". It could be the city sees an income opportunity. Either way it's wrong. Her punishment is for the courts to decide, not city officials. |
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Why does a citizen have to prove anything to keep their property from being seized? I think you financed your house with illegal activities. Maybe I am a nut case DA, or just a cop with a hair up his ass. Therefore, it suddenly becomes your burden to prove that your property (not you, but the property) was never engaged in any illegal activity? Can we throw you in jail if you can't prove that you never committed a crime? BTW, if there was "more to this story than is being reported" then they should have gotten a conviction for something real. If they didn't, then that is the end of the story. And I think you will appreciate those points better if you ever happen to drive through a particular county in Oklahoma and the Sheriff decides that a person like you obviously couldn't afford that kind of car -- therefore there must be more to the story, and he seizes it. |
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It's getting to the point now where you're more likely to have your property stolen by the police than by the criminals(who aren't cops).
I only know five people that have had their homes broken into the past decade or so. I know many more than that that have had their cars taken by the police for traffic violations. Since the huge towing fees and ridiculous storage fees were more than the cars were worth, they lost their cars. Every Friday I go to the bank to get a large amount of cash for payroll, and the bank manager (my cousin's daughter) won't let me pick-up the cash or leave with it if there's a cop in the bank or the parking log. She's seen too many of their customers that had their money stolen. I don't think it would happen to me (77 year-old man driving a work van), but she still won't let me take the money.
No, the cops are taking her house. They're not making the house not tight.z |
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Welcome to the logical conclusion of civil forfeiture laws. I've had my vehicle and contents "cased" a couple times, and it's not a good experience. |
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what just blows my mind here.
There is not one single person on here that posts to this site (probably) doesn't have enough stuff under the sink to be convicted of meth production. In Virginia anyway. check local laws of course. Va. Code Section 18.2-248 Except as authorized in the Drug Control Act (§ 54.1-3400 et seq.), any person who possesses any two or more different substances listed below with the intent to manufacture methamphetamine, methcathinone or amphetamine is guilty of a Class 6 felony: liquified ammonia gas, ether, hypophosphorus acid solutions, hypophosphite salts, hydrochloric acid, iodine crystals or tincture of iodine, phenylacetone, phenylacetic acid, red phosphorus, methylamine, methyl formamide, lithium metal, sodium metal, sulfuric acid, sodium hydroxide, potassium dichromate, sodium dichromate, potassium permanganate, chromium trioxide, methylbenzene, methamphetamine precursor drugs, trichloroethane, or 2-propanone. now, prove you had no intent. What is your house worth again? |
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So someone has sulfuric acid for etching concrete before applying a coating to their garage floor and iodine in the medicine cabinet. They get busted because they're not liked and it goes down as a raid on a meth lab and they forfeit everything they own. Nice. |
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Pretty slick scam IMHO. Almost MOB like. ETA: after that, they'll find your lithium batteries for your scope, your draino,your starting fluid and then they'll search the BOB and find that triox kit. someone will never get outta jail . sorry, can't help but to be the devils advocate on stuff like this. it's a curse I guess if we give an inch and next thing you know, we the people can't own new machine guns. |
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Kleptocracy (sometimes Cleptocracy) (root: Klepto+cracy) literally means rule by thieves. It is a pejorative, informal term for a form of government which represents the culmination of political corruption and an extreme form of the use of government for rent seeking.
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Calling people here fucktards is not right , the other part thats not right is you having any opinion on OUR LAWS! It's none of your God damned business , fix your own fucking country before you state your opinion on ours. How's that gun grabbing thing working out for you over there? |
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Even when the penalties are un-constitutional? See what Aimless had to say. |
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Someone tell me how her possessing these plants harms anyone else...
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Seems like you guys are against any and all rules and laws until it affects you or your family personally. Then you are pissed off that the government didn't do enough.
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I oppose asset forfieture laws. Doesnt matter to me if she was growing pot, cooking meth, or printing currancy.
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To all who got their panites in a bunch over what I said and brought up jaywalking etc., I'll be the first to admit I break laws, we all do. It's all about weighing the cost to gain , if I get caught speeding on my motorcycle I will pay points on my license and fines. This is an acceptable risk to me , my insurance goes up and the world doesn't come to an end. In this ladies case she took what she thought was an acceptable risk got caught and is now subject to the laws of the land, which include forfeiture, in this case. It's no secret that the government seizes property from drug dealers, most of the smart ones though don't buy $400,000 dollar houses to cultivate their product in.
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What a dumbass. Not only is she selling, she's was growing it in her own home and pled guilty. |
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+100 |
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DUI is a serious problem for sure. but alcohol is not the only drug that results in DUI/DWI. IME polydrug use is the norm. Usually a combination of Alcohol, Rx drugs and the "street" drug of your choise. Maybe 1:10 of my DUI arrests has alcohol alone in their system. Of course where i work possession of less than one ounce of marijuana is a $40.00 traffic ticket, so more people are using it and driving under the influence of it that in most states. |
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I can't see how society is to the point of almost hanging me for smoking but y'all are all for lighting up a joint. Makes me wonder if you even know how you're being played by the hip-hop thug culture. Next thing you know you'll be all for replacing the stars on Old Glory with a cannabis leaf and having Kanye West rap the Star Spangled Bizzle.
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+1 So much for a Constitution and the idea of a sovereign individual. |
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so what if the government decides to seize your car and/or house for the same crime? After all, if you jaywalked off your curb then your property was involved in a crime and subject to forfeiture. Is that a reasonable punishment for you?
It is also no secret that anyone growing six plants is not a major drug dealer. It is no secret that people buy houses for small amounts of money at one time and later they turn out to be worth $400,000 even when they aren't drug dealers. And I guess you overlooked the fact that she wasn't convicted of dealing. If the DA thought he had a case for that, he should have made it. He obviously didn't, so he dropped it. Maybe you forgot about that "innocent until proven guilty" part -- even though I am sure somebody already mentioned it. Bottom line, she gets her house seized for personal possession. |
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If she is selling then the DA should have made that case. He didn't. End of story. |
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So your ok with the government confiscating private property? Just checking |
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That stuff will make you grow hair on your hands...Nevermind wrong stuff lol |
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Funny how we can all read the same words but not read the same thing... the way I read it, the moral was simply "Don't break the law." |
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You'r next man. Smoking will be illegal within the next 20 years is my bet. Then you drug addicts will get what you deserve... |
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You must be inhaling that stuff a bit too deeply. Who said they were for anyone lighting up a joint? Personally, as long as you aren't harming anyone but yourself, I don't care what you smoke. I just don't think you ought to get your house seized over it, whatever it is. |
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How about a moral of "Don't give government officials the power to arbitrarily seize property over minor offenses"? See the Eighth Amendment, already mentioned above for the founding principles behind that idea. Or is that one obsolete just like the Second Amendment? |
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There's an old saying around the Courthouses of America....
The best way to change a bad law....is to enforce it. You want the decriminalization of pot? Then doctors/lawyers/IndianChiefs/teachers/LEOs/judges sons and daughters need to be arrested, jailed and lose any hope of having a decent life for simply smoking a weed that was perfectly legal until the 1930s in the United States. The same folks who thought Americans shouldn't have machine guns, also thought that Americans should NOT be smoking marihuana...and the rest, as they say, is history. So long as the 'other folks' sons and daughters are arrested for pot...who gives a shiite? They're likely scum anyway, right? Eric The(TrueLibertyMakesForHardChoices)Hun |
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I would like to find an example of just one person who died from a pot over dose.
The war on drugs is stupid, a waste of money, and is in violation of the Constitution. |
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Dino,
If you know the laws which most people do ,as seizing property from drug users, growers, and dealers isn't exactly a top secret you can't then complain when your subject to this penalty. At least once every couple of weeks I run into someone who should be beaten senseless, do I do it, NO because I'm aware that society doesn't condone this behavior and will have no qualms when it comes to handing out a punishment. I'm not really into any mind altering substance except caffiene and adrenaline. So I find it pretty hard to find much sympathy for this lady |
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So, some of you think asset forfeiture laws are all fine and dandy in drug cases?
What about in firearms cases? Ask Bruce Louis Bartos what he thinks. He "surrendered" his boat because he was carrying an (apparently) fully-auto AR15 in it. He was sentenced to two years probation. And seizure of his boat. It all trickles down, people. |
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As much as certain laws suck, they do exist. The tooth fairy does not make them go away. |
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I'm against anyone and everyone telling me what I can and can't do with myself. |
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