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The
Below Comments Relate to this Newslink:
| Comment by:
PHORTO
(12/12/2019)
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Any civil action the consequences of which impose a penalty indistinguishable from that of a criminal conviction MUST include full 4th, 5th, 6th and 14th Amendment protections.
This is particularly true of ex parte judicial acts. Regarding the suspension of liberty or property, the respondent MUST be permitted an adversarial hearing, i.e. an opportunity to face accusers, cross-examine witnesses and present witnesses and evidence in their own behalf. This must happen before any rights are suspended or related property is seized.
ERPO allegations can establish reasonable suspicion, but not probable cause. That doesn't meet the burden necessary for a seizure warrant.
These things are so obvious that they should need no debate. |
| Comment by:
jac
(12/12/2019)
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My experience in small claims court is that the judge will always rule in favor of the side represented by a lawyer, no matter how compelling your case. I have represented myself against other drivers and in one case my township government where the dollar amount was not worth paying an attorney. The other side came in with an attorney (paid for by the insurance company or taxpayers) and I lost every time. Even when the other party clearly was in violation of the motor vehicle code and caused the accident.
It is an old boy's network and you don't stand a chance. |
| Comment by:
jac
(12/12/2019)
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"Of the 13 cases where the defendants had a lawyer, judges approved 12 risk protection orders, or about 92%.
"By comparison, of the 53 cases where the defendants didn’t have a lawyer, judges approved 47, or roughly 89%."
This system is rigged against law abiding citizens. You don't have a chance.
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| QUOTES
TO REMEMBER |
| "Secrecy is the keystone of all tyranny. Not force, but secrecy ... censorship. When any government, or any church, for that matter, undertakes to say to it's subjects, 'This you may not read, this you must not see, this you are forbidden to know,' the end result is tyranny and oppression, no matter how holy the motives. Mighty little force is needed to control a man whose mind has been hoodwinked; contrariwise, no amount of force can control a free man, a man whose mind is free. No, not the rack, not fission bombs, not anything. You cannot conquer a free man; the most you can do is kill him." --Robert A. Heinlein, "Revolt in 2100" (Pg. 68-69, Baen Books paperback edition, 1999 printing) |
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