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Screwed up Justice System

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Cuncurned

Junior Member
What is the name of your state?undefinedWhat is the name of your state?California
My boyfriend was arrested on 10/28/05. He is on parole and just got out of prison for a possession charge in april of 05'. He was talking to some friends in a car in an alley one night ready to go upstairs. The cops pulled down the alley with their lights off and then flashed them. The cop jumps out asks is anyone on probation or parole and David says parole. They immediatly detaine him because the cop says that he saw david throw something. They talk to the other 3 people there and hve them stand off side while 3 other cops go in between the apartment bldgs. Where David supposedly threw
something.one of the 3 people
therewas davids sister-in-law..R.N. The cops return in a bout 15 minutes and the one cop goes up to the R. N. with a blue crystally looking substance in a baggy and waves it at her and asks "have you ever seen anything like this in your text books. The cops
supposedly found this crystal meth some 20 ft. away. Found a pipe on the trunk assumed it was Dvids because it was in a marlboro cig. box., and that is what he smokes. The cop testifies on the stand that he was training a rookie and that he was going to take him down a well known drug infested alley. He also lied and said that the lights were off in the cop car and that was not true. Now the cops don't take statements from any other of the 3 that were there. Did not fingerprint the baggies or test any of them for UI. And before they gave david any room to say anyhthing they had him handcuffed and in the car. Now hes about ready friday to go up to the first stages of trial. Hoping it gets dismissed. What I need to know is any of this insufficient evidence? And He has a strike. and another charge showing as a strike , but was knocked from ass.dead weap to terr. thrts. The prop 36 law supposedly you cant have been in prison for the last 5 years and so on.. Anyway I know 2 people that have recently gotten out with 2 strongtrikes both violent. One got arrested for
h a poss. Hes out prop 36. The other gets a rec. kwn/stln veh. and possess of a firearm/paraphenlia. He just got out as did the other strike. This guy got a program with 15 joint over his head. My boyfriend has never been offered a program. Now if they dont dismiss this, why shouldnt he get a program also with a lot of time over his head. How does this justice system just decide who they want to sentence legally and who they don't. Need hopeful answers please!
 


Labtec600

Member
It's not insufficient evidence, in fact the Police Crusier probably had an in car camera which has the whole incident.

I'm having troubles following your last part, but the courts can decide on their own accord who gets whats. Your boyfriends past actions could have a large influence on it.

Also, I'm not sure what a "rec. kwn/stln veh." is but if it's reckless with a stolen vehicle...what ever that is...thats not as serious as assualt with a deadly weapon, in which case it looks like your boyfriend already had that knocked down to something less serious.

Whats H A possession?
 

Cuncurned

Junior Member
To labtec600

H A Is Has A my typing isnt the best. Recieving known stolen vehicle and this guy has possession of a firearm also. With 2 definite violent strikes. My boyfriend only has a strong armed robbery and the other charge iwas an assault w/deadly weapon dropped to a terr. threats. and a prior possession only. IIs this something that we would ask for a motion to suppress. Also the meth they found 20 ft away was tested not in front of anybody. it was weighed at .70 and David has been clean since april of 2005 now why does it has to be his. the cop wasright that alley is a drug infested gang alley. we are picking up empyty baggies all the time laying around. The cop is assuming he threw something when all he did was move his arm back to lean off of the car when the cop car pulled up. He would have made a substantil move to throw anything as far as they found it from the car. I mean he would have had to throw his arm up and over clearly.
 

Labtec600

Member
Ohhh, the three strikes law.

Like I said, the incident was probably caught on camera.

You really need a lawyer, not a public forum.

I dont believe those two strikes your boyfriend has would be let go. If they're part of the list considered stirkes under the three strike law, they will determine how this one will play out.

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