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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 08-31-2007, 10:44 AM
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Default Modesto Case Dropped

Charges dropped, Mr. Lake and 3 co-defendants are free to go.
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Old 08-31-2007, 10:48 AM
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Congratulations!
Whee!

Have you filed paperwork to get the firearms back?
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Old 08-31-2007, 10:53 AM
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Teusday AM will file for restitution..
Judge said it was a separate case, and would have to be handled separately from this one that closed today.
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Old 08-31-2007, 10:58 AM
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Did Iggy call to congratulate you?
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Old 08-31-2007, 11:09 AM
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Old 08-31-2007, 11:09 AM
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"Restitution"= legal fees.

All parties involved should file LEGR forms ("Law Enforcement Gun Release", copies available on DOJ website) immediately, with requisite $20(?) fees.

Start the clock!
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Old 08-31-2007, 11:14 AM
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SWEEEEEEEEEET!!! Congrats!
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  #8  
Old 08-31-2007, 11:18 AM
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Yes Congratulations!

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Old 08-31-2007, 11:42 AM
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Excellent!
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Old 08-31-2007, 12:05 PM
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WTG!

Is it cleared yet to say what the Judge's basis for dropping the case was (or if the DA dropped the charges what their reasoning was)?

Does anyone know when it all is published and becomes public record?
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Old 08-31-2007, 12:09 PM
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Quote:
Originally Posted by Fjold View Post
WTG!
Does anyone know when it all is published and becomes public record?

Trial court decisions are not formally published. They are public record, you can go court house and get transcripts, etc.
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  #12  
Old 08-31-2007, 12:09 PM
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Congratulations!

Given the fact that the case is over and protection against double jeopardy, does anyone want to fill in the juicy/non-juicy details?
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Old 08-31-2007, 12:27 PM
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Congrats! Good to hear!
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Old 08-31-2007, 12:29 PM
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Quote:
Originally Posted by JawBone View Post
Congratulations!

Given the fact that the case is over and protection against double jeopardy, does anyone want to fill in the juicy/non-juicy details?

S.S.
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Old 08-31-2007, 12:33 PM
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These were the charges?

http://www.madison-society.org/laws/Lake.htm

So is this a case to file under "Don't prosecute OLL needlessly"? Can we strike another DA off the list? Can we have a coke and a smile?
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  #16  
Old 08-31-2007, 12:45 PM
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OVERT ACT NO. 1

"Defendant brought .......... the bottom receiver of a potential semi-automatic rifle ................."

I've searched and searched, but I just can't seem to find any California law banning those pesky "potential" semi-automatic rifles.
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  #17  
Old 08-31-2007, 12:50 PM
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Quote:
Originally Posted by JawBone View Post
Given the fact that the case is over and protection against double jeopardy,
He said charges were *dropped*. I don't think this went thru a full trial, so I believe jeopardy issues not yet applicable.

They ain't gonna refile, however, and I believe Modesto area is OLL-safe
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  #18  
Old 08-31-2007, 12:53 PM
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Nice, beers are on me!!
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  #19  
Old 08-31-2007, 12:57 PM
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I walk away from the computer and look what happens. Maybe I should do that more often.

This is very good news.
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Old 08-31-2007, 1:10 PM
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Great news! Congratulations.
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  #21  
Old 08-31-2007, 1:18 PM
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score one for the good guys!
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  #22  
Old 08-31-2007, 1:19 PM
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This should somehow help with BWO's case right?
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  #23  
Old 08-31-2007, 1:20 PM
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I would get a couple of certified copies of the clerk's minute in this case for your records. A reporter's transcript is somewhat costly depending on the length and the reporter would have to transcribe it and then certify it as a correct rendition of the court proceedings.
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  #24  
Old 08-31-2007, 1:22 PM
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Very cool!

Little by little we whittle away at it!
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  #25  
Old 08-31-2007, 1:34 PM
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Quote:
Originally Posted by Fjold View Post
WTG!

Is it cleared yet to say what the Judge's basis for dropping the case was (or if the DA dropped the charges what their reasoning was)?

Does anyone know when it all is published and becomes public record?
The judge finally became disgusted with the DA's inability to receive any material from the DOJ to show premise for these charges. The DOJ originally pushed the case, and once it was in progress they never came up with anything showing criminal action/intent. They process was repeatedly held up while the DOJ was supposedly gathering incriminating evidence to use in the case, but that never came. Since nobody locally could figure out what laws were broken, the judge finally wanted it gone and the DA agreed.

That's pretty much it.
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Old 08-31-2007, 1:37 PM
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LAK, thanks for the nice summary.
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Old 08-31-2007, 1:40 PM
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+1 for us in modesto!
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Old 08-31-2007, 1:41 PM
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Quote:
Originally Posted by LAK Supply View Post
The judge finally became disgusted with the DA's inability to receive any material from the DOJ to show premise for these charges. The DOJ originally pushed the case, and once it was in progress they never came up with anything showing criminal action/intent. They process was repeatedly held up while the DOJ was supposedly gathering incriminating evidence to use in the case, but that never came. Since nobody locally could figure out what laws were broken, the judge finally wanted it gone and the DA agreed.

That's pretty much it.
Hmmm... Sounds like something that's happening in BWO's case, doesn't it?
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Old 08-31-2007, 1:42 PM
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We are seeking the guns, and restitution for the fees we were complelled to incur, and a protective order or mandate to stop this before it happens again. .

The Judge was a little peeved when he saw that the DA council was not present, and that 1 of the co-defendant(Joe gunguy)'s attorney was not present- He pointed out to the 1 da pros that this was our 5th appearance, and there was nothing more in the case file than the original criminal caomplaint- no pics, no briefs, no discovery, nothing to constitute a case- he said- "there is no case here... how do you expect to proceed?"

The DA schmuck left, came back in @ 20 min with another DA schmuck who was authorized to file motion to dismiss. judge says, "good idea!"

I DO NOT consider this a victory. These poosees ran off before we could start a fight. This will continue to happen unless we are sucessful at securing a protective order or mandate to all DAs to not arbitrarily take AW cases.

Last edited by CRTguns; 08-31-2007 at 1:45 PM..
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Old 08-31-2007, 1:43 PM
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I agree. A very nice no B.S. summary.
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Old 08-31-2007, 1:44 PM
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Quote:
Originally Posted by LAK Supply View Post
The judge finally became disgusted with the DA's inability to receive any material from the DOJ to show premise for these charges. The DOJ originally pushed the case, and once it was in progress they never came up with anything showing criminal action/intent. They process was repeatedly held up while the DOJ was supposedly gathering incriminating evidence to use in the case, but that never came. Since nobody locally could figure out what laws were broken, the judge finally wanted it gone and the DA agreed.

That's pretty much it.
Is it just me or does that sound like they trashed these people's lives, cost them and us as taxpayers money, wasted the courts time and everyone else's just on the hopes that these people would get scared or tired of it and just plead out?

Dang it must be nice to go through life with no accountability or liability for your actions!
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Old 08-31-2007, 2:03 PM
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And I love how the DOJ cuts and runs from the fight once it gets serious. Sounds like the jerks in high school that would taunt a couple of other guys into fighting each other, then step to the side and start taking bets!
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Old 08-31-2007, 2:12 PM
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wow that's great news
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Old 08-31-2007, 2:21 PM
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I'd like to know how much involvement the DA, Birgit Fladager, was involved. Is this the kind of thing we should hold against her when she runs for office again? Or is it just an ADA run amuck?
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Old 08-31-2007, 2:21 PM
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CRT, what's the next step? Are you guys using the same attorneys to recover your expenses, etc? Is the Madison Society still the key donation collection center? I, for one am interested in donating what I can as this will benefit me & all here if you guys win & a mandate to all the 58 & minus DAs to get up to speed on theOLL issues & stop f*cking around.

Maybe we can pay directly to the lawyers like in the BWO case. Just my $0.02
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Old 08-31-2007, 2:35 PM
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Quote:
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He said charges were *dropped*. I don't think this went thru a full trial, so I believe jeopardy issues not yet applicable.
Right, you only are in "jeopardy" when the first witness is called in the trial. If the case doesn't get to that stage, there is no jeopardy.

But practically, it sounds like this is over, permanently.
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Old 08-31-2007, 2:52 PM
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Great to hear! I know this case dragged on for quite a while. I hope you guys can recoup your legal fees. It's nice to know the judicial system isn't completely hosed yet.
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Old 08-31-2007, 3:20 PM
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Quote:
It's nice to know the judicial system isn't completely hosed yet.
I don't mean to squelch the happy times here, BUT.

This can happen over and over again up and down the state in every county and city reapeatedly.

They come into your life, ransack it, run you to death, bleed you broke and then leave saying "Oops, we got nothing, sorry about that".

The government is run by Men of poor character. Those are the ones that need to pay the consequences out of their own hide not the entities budget they work for.

Vick
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Old 08-31-2007, 3:21 PM
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Quote:
Originally Posted by Can'thavenuthingood View Post
I don't mean to squelch the happy times here, BUT.

This can happen over and over again up and down the state in every county and city reapeatedly.

They come into your life, ransack it, run you to death, bleed you broke and then leave saying "Oops, we got nothing, sorry about that".

The government is run by Men of poor character. Those are the ones that need to pay the consequences out of their own hide not the entities budget they work for.

Vick
These are the reasons for the actions that will follow with this case. If all goes well the DOJ will not be able to continue this without serious repercussions.
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Old 08-31-2007, 3:24 PM
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VERY COOL.......
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