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#55061
obfuscator
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obfuscator

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You don't have to elaborate on your experience if you don't want to, Nyo but I am curious about further details.

I did post a lot about it as it happened, or as things cleared court and I could safely talk about it.

This is super condensed, and I've tried to limit things that identify me.

Basically, I was going about my day with a gun carried openly. It's legal here, and it was how I'd carried for years. Usually it's a non-issue if anyone even notices.
I was approached by police and asked whether I wanted to step outside to talk. I offered to talk where I was, and they carried me out into the parking lot.
After about an hour of trying to find something to charge me with, realizing I hadn't broken a law, and debating whether to escort me back in to take care of business, one officer gets the bright idea to frame my offer to talk where we were as felony resisting and obstructing. He also suggests that my struggle to not fall on the ground or get trampled on the way out was being combative. Obviously, they had to take my gun for their safety. "la di da di da" When the lieutenant seemed hesitant, he tossed in that I was part of a gang known to the department. The lieutenant finally gave in and I was arrested.

I spent about three days in a holding cell, discovered I was being charged with felony resisting and possession of a firearm while in the commission of a felony; two charges, 2 years each, and no way to have it expunged later. No more guns. No more voting. I'd lose my job, and have a much harder time finding a new one. The end of my world as I knew it.

At the pretrial, the prosecutor's only evidence was the police report. We agreed to delay a few times to wait for more, and the police department finally turned over dashcam video and worn mic audio after about six months. Video showed their discussion and decision to arrest, and charges were immediately dropped "in the interest of justice."

We filed a federal lawsuit for deprivation of rights under color of law.
Without getting too into the back and forth of it, both sides filed motions for summary disposition; basically saying their case was so strong that we didn't need to take the court's precious time.
They misrepresented a conversation with dispatch, claiming they were told I had a "gun in a backpack" and that was the basis for non-consensual contact.
I have recordings of radio communications where dispatch described me as having "a backpack and a gun," the lieutenant called in for confirmation that the gun was in a backpack, and the dispatcher replied that they were unable to confirm.
They knew before approaching me that the reason they would use to justify their use of force was a lie. Maybe they hoped we could have a "consensual" encounter and they wouldn't have to justify anything.
Without cause for a stop, the application of force and subsequent arrest was unlawful.
Instead of listening to the recordings or recognizing the contradictory statements of fact in our opposing motions, the judge granted summary disposition to the defendants, stating that there was no disagreement on facts. I didn't have resources to appeal, so that was pretty much the end.

I ran out of money in a pay-to-win system.


Is there any statute of limitations (or something similar) on that? As in, could you appeal it now if you had the money?

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#55062
Nyosuht
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Is there any statute of limitations (or something similar) on that? As in, could you appeal it now if you had the money?


As I understand it, I had 30 days from the issuance of the order granting summary disposition to file the notice of appeal.

In theory, I could have appealed without an attorney, or tried finding another attorney to take on the appeal.
In practice, I'm not comfortable enough to self-represent in appeals court, and I was broke as hell.

rnHJQwZ.png
In a state of tranquillity, wealth, and luxury, our descendants would forget the arts of war and the noble activity and zeal which made their ancestors invincible. ~Samuel Adams; 1 August, 1776
There are men, in all ages, who mean to exercise power usefully; but who mean to exercise it. They mean to govern well; but they mean to govern. They promise to be kind masters; but they mean to be masters. ~Daniel Webster; 15 March, 1837


#55063
obfuscator
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Is there any statute of limitations (or something similar) on that? As in, could you appeal it now if you had the money?


As I understand it, I had 30 days from the issuance of the order granting summary disposition to file the notice of appeal.

In theory, I could have appealed without an attorney, or tried finding another attorney to take on the appeal.
In practice, not comfortable enough to self-represent in appeals court, and I was broke as hell.


well, at least the charges were dropped, which is the most important thing.

still, you do wonder if the police might be better behaved if the average person actually had the means to take them through court to the extent it was necessary

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"It's not a rest for me, it's a rest for the weights." - Dom Mazzetti


#55064
Tesset
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Is there any statute of limitations (or something similar) on that? As in, could you appeal it now if you had the money?


As I understand it, I had 30 days from the issuance of the order granting summary disposition to file the notice of appeal.

In theory, I could have appealed without an attorney, or tried finding another attorney to take on the appeal.
In practice, not comfortable enough to self-represent in appeals court, and I was broke as hell.


well, at least the charges were dropped, which is the most important thing.

still, you do wonder if the police might be better behaved if the average person actually had the means to take them through court to the extent it was necessary

Or if they stood a chance of being indicted on criminal charges, at very minimum.

My skin is finally getting soft
I'll scrub until the damn thing comes off


#55065
RpgGamer
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Yeah that's some serious [bleep]ed up shit. I like the idea of a police force, but when they blur the lines between serving/protecting with legalized gangsters it's a spit in the face of what our country was intended for. Also the whole money buying justice this infuriates me.

I'm glad you got your charges dropped at least, but man what a load of bullshit
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Anyone who likes logic is incapable of tacos.




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#55066
Nyosuht
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well, at least the charges were dropped, which is the most important thing.

still, you do wonder if the police might be better behaved if the average person actually had the means to take them through court to the extent it was necessary

Yeah, and no blood spilled. It's not exactly a win, but it's far from the worst possible outcome.

I think a lot of things would be better if the average person had the means. I don't just mean full access to the courts.

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In a state of tranquillity, wealth, and luxury, our descendants would forget the arts of war and the noble activity and zeal which made their ancestors invincible. ~Samuel Adams; 1 August, 1776
There are men, in all ages, who mean to exercise power usefully; but who mean to exercise it. They mean to govern well; but they mean to govern. They promise to be kind masters; but they mean to be masters. ~Daniel Webster; 15 March, 1837


#55067
The Observer
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It seems to speak volumes about the general income divide in the United States that is just getting larger...

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#55068
RpgGamer
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Yo don't get me started, I already posted one socialist rant on here this week
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Anyone who likes tacos is incapable of logic.

Anyone who likes logic is incapable of tacos.




PSA: SaqPrets is an Estonian Dude
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Origin: Brand_New_iPwn

#55069
Arceus
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On a (maybe) lighter note, I had a delicious pizza this evening, as well as a whole pineapple...
"Fight for what you believe in, and believe in what you're fighting for." Can games be art?
---

 

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My blog here if you want to check out my Times articles and other writings! I always appreciate comments/feedback.

#55070
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On a (maybe) lighter note, I had a delicious pizza this evening, as well as a whole pineapple...


You mean... pineapple... on pizza?

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#55071
RpgGamer
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I saw TTNG tonight with their original singer. I never thought I would get to, but dreams do come true.

Just a reminder to seize any opportunity you value while you still can. I might have caught MCR before their break up and Blink on their first reunion tour with Tom, but I'll never get to see Chester Bennington.

But TTNG with Stu was exactly as beautiful as I'd imagined.
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Anyone who likes tacos is incapable of logic.

Anyone who likes logic is incapable of tacos.




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#55072
Dax
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I wish more bands would come to Australia. And then I'd wish they'd come out bush, I don't want to go to the city. I am going to Download Festival next year, though. Mostly to see Ghost and Judas Priest, so I'm pretty hyped for that. As for missing chances, the only one I'm truly sad I missed was Lemmy. Would have loved to see Motorhead. 


#KERR2016/17/18/19.

 

#rpgformod


#55073
Goonstalf
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yeah more bands should play in bushes


I'm going to milk Goon's teats


#55074
Noxx
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I spoke to the director at school today regarding the situation, just to inform her from my side what happened. She told me that my roommate had already been there to see her the day before. He told her that the situation escalated far more than he expected and that he didn't want to put my career in jeopardy. As such, he would be willing to drop the case but he is scared that i might sue him afterwards. When she told me this i couldn't help but smile, cause at that moment i knew he realises he [bleep]ed up. He realises he overreacted, and now he's trying to backtrack. He told the same thing to the guy that drives us to school and back. Also, his story seems to be changing. He never mentioned to the school driver that i allegedly hit him, he just told the driver that apparently i threatened to kill him, which is why he called the cops on me. But on my police report it says i was arrested for acts of physical violence. So the fact that his story seems to be evolving could only be a good thing for me. Also, i think he realised that he's going to have to appear in court, and not just me, and he's starting to stress out about it.

 

So this is what i have come up with: 

 

Option 1: If he goes to the police, tells them he wants to drop the case, and admits that he blatantly lied and that the whole story was a fabrication, i would agree not to sue. This way, he has to face to consequences or his actions.

 

Option 2: He goes to the police and drops the case, but doesn't give them the actual reason as to why he wants to drop the case. I sue his ass to an early [bleep]ing grave.

 

Option 3: We go to court, i win the case (every lawyer i've spoken to in the past 2 days has told me there should be no reason for me to lose my case, i have a very strong case) and i sue his ass to an early [bleep]ing grave. 

 

Also, if he does decide to drop the case, i'll give him till the end of the week to go do it. The sooner this is over, the better. Also, that is to say if he's even able to drop the charges. Like Nyosuth said, it's basically up to the prosecutor whether or not charges will be dropped. But i'm sure that if he tells them exactly why he wants charges to be dropped, and since there is no evidence, it might not be much of an issue. 



#55075
Tesset
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Again, you should stop threatening to sue. It's not likely you're going to get anything out of it.

My skin is finally getting soft
I'll scrub until the damn thing comes off


#55076
Bonez899
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Again, you should stop threatening to sue. It's not likely you're going to get anything out of it.

Yeah, unless the US is super different from Canada, which it may be, you need to prove damages of some sort to get money. What damage of monetary value has your roommate done? Have you missed work, failed a class, avoided activities at a cost to yourself? You can't just sue him because of what you've described as happening.


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#55077
Saradomin_Mage
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How weird, we've got like 300+ guests online, and they mainly seem to be looking through old profiles / topics or using the search function for something.

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In real life MMO you don't get 99 smithing by making endless bronze daggers.


#55078
RpgGamer
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Probably bots looking for ad data.

Noxx comes off as the most American one of us in the last couple pages which is a tad humorous
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#55079
The Observer
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... and to add to what everyone said above, how do you know you'll be able to collect? Doesn't seem very effective to me.

 

Have you brought these revelations to your lawyer?


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#55080
Noxx
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i know i don't have much grounds to sue on. I can maybe sue for lawyer costs, some money i spent on ubers getting around, some money i lost having to cancel flights, etc. I can maybe ever try the defamation and PTSD routes, but at the end of the day i know there's no real grounds to sue. But the thing is, he doesn't realize this. So i have to try and take advantage of this while i can. He hasn't spoken to lawyers yet, and i don't think he's going to either. His parents will have to pay for one, and i don't think he has the balls to tell his parents what happens. So as long as he thinks i have grounds to sue, the better it is for me. 

 

Speaking of, maybe someone here can help me out. So according to what i read, when it comes to family violence charges, it's up to the prosecutor whether or not the charges are dropped, even if he goes to the police telling them he wants to drop the charges. Having said that though, if he admits that he lied and fabricated the whole story, would that make a difference? Additionally, since these cases are generally involving like a boyfriend and girlfriend, or a spouse or whatever, and seeing as we're only roommates and we no longer live together, will this have any significant impact on him wanting to drop the charges?







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