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View Diary: Demurrer critique, please?(with update) (12 comments)

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  •  They have, but I haven't rec'd a copy. Civil (1+ / 0-)
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    wilderness voice

    forfeiture seems an awful lot like lack of due process to me, but again, IANAL. In any case, it seems like a perverse incentive for people in positions of authority and without sufficient oversight to take advantage.

    Thanks.

    Information is abundant, wisdom is scarce. ~The Druid.
    ~Ideals aren't goals, they're navigation aids.~

    by FarWestGirl on Sun Aug 18, 2013 at 12:14:10 PM PDT

    [ Parent ]

    •  it is *absolutely* a perverse incentive (1+ / 0-)
      Recommended by:
      FarWestGirl

      and a rotten excuse for due process. Per the linked article some municipalities make up major parts of their budget preying on the vulnerable.  It's unconscionable, it's widespread, and organized opposition is starting to mount.

      You can get a copy of the response from the court clerk or your attorney, and doing so will help you more fully  understand the legal situation.

      •  It's a great article, thank you for the link. The (1+ / 0-)
        Recommended by:
        wilderness voice

        county here used to have a law that called for DUI drivers to forfeit their vehicles if they were found guilty. I'm told they quit enforcing it a while ago and all the signs have come down from the highways, but I haven't been able to learn why they stopped.

        Basically what happened was the cars would be impounded and by the time the thing was heard the fees were more than the worth of the vehicle, so it was pretty blatant.

        I'm glad there's finally some push back and if there's a way I can get some started locally, I damned sure will. When I read the FBI's definition of organized crime, it sounds an awful lot like how this damned county is run.

        I'll be seeing her shortly, I'll ask if there's a copy handy. Thanks again.

        Information is abundant, wisdom is scarce. ~The Druid.
        ~Ideals aren't goals, they're navigation aids.~

        by FarWestGirl on Sun Aug 18, 2013 at 12:36:28 PM PDT

        [ Parent ]

      •  Just got back. Judge denied it for being (1+ / 0-)
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        wilderness voice

        'untimely filed'. I put it in an update, above. Also got a copy of the DA's response, a page and a half, lawyer says it translated to, 'nuh-uh', and looks like it was copied out of a forms/template book.

        So we go to trial Tuesday. ::sigh:: She's trying to get the exemptions statute read into the jury instructions. We'll see. Wish us luck.

        Information is abundant, wisdom is scarce. ~The Druid.
        ~Ideals aren't goals, they're navigation aids.~

        by FarWestGirl on Sun Aug 18, 2013 at 04:25:36 PM PDT

        [ Parent ]

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