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NOTE!
This is a real-time comments system. As such, it's also a
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Policy, but there's a bad apple in every
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other small-minded people. Thank you. --KeepAndBearArms.com
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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 |
| Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom of Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any bands of regular troops that can be, on any pretense, raised in the United States. — Noah Webster in "An Examination into the Leading Principles of the Federal Constitution," 1787, in Paul Ford, ed., Pamphlets on the Constitution of the United States, at p. 56 (New York, 1888). |
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