guilty by hearsay, no audio or video from squad car

i was arrested and sent to jail for resisting arrest by a police officer who was being verbally abusive.

i was currently homeless and was staying in various hotels.. the judge wouldnt allow me to leave jail, he said 'i am going to keep him in jail because he is homeless' and i told him that i would face financial problems if he didnt let me out of custody. (my supplemental security checks would stop if i was in jail for too long)


i spent 57 days in jail waiting to be found innocent or guilty.

i asked for audio or video of the incident to prove that i was dealing with a hostile police officer.. both forms of evidence were denied by my public defender just before i fired him.

the cop never asked for my identification.. he walked up to the car and demanded that i step outside in the cold, and i told him no.

the cop continued to ask that i step outside very blunt without asking for my ID, until he eventually tried to unlock my door and physically force me out of my car.

i decided to wait for another officer to arrive since the first one was not acknowledging that i have an ability to communicate nicely.


what angers me is that i was found guilty without any evidence other than hearsay from the police officer.

i was put on probation and given a court cost and probation fee to pay.

i am also angered that i was seen before more than one judge and none of them let me out despite my plea of financial burden.

now i am still suffering because i have to pay back $800 of 'overpayment' from supplemental security income.. and they still want me to pay for court cost and probation fees which i cannot afford.


the judge told me to pay $10 per month despite my telling him that it would bring my monthly allowance to zero (i have a hard time paying for cleaning products to keep my apartment sanitary)

i need new glasses and cannot afford those, i have also been sleeping on the floor for the past 13 months because i cannot afford a bed.


i didnt appeal the decision because the idiocy had already taken place.. now i want revenge because i have been put on probation (and completed probation) and given court costs and probation fees despite evidence that i did any wrong doing.. the police officer completely lied on the stand and said that he did ask for my ID immediately upon walking up to my window.

that is not what happened.. and there is no audio or video from the squad car to provide such truth.

i have also had to re-pay back money which has made me suffer financially for about 12 months.. and on top of it i cannot pay back this bill which could lead to more jail time my mother says because the court cost and probation fees havent been paid.


i didnt resist arrest.. i resisted getting out of the car.

once the other officer arrived i asked if i was officially detained, and once they said 'yes' i immediately opened my door willingly.

then i was grabbed from my vehicle and slammed on the car.. then slammed on the car again in the other direction as they put handcuffs on me.. i never struggled with putting my hands behind my back.. and i didnt try to turn around at all either.


then the judge degrades me and belittles me when i said that i want to represent myself.. i had to say numerous times that i know what happened and i dont need anybody to tell the story besides myself.

i dont believe i was spoken to from a script or memorized paragraph, and the langauge went on for like 3-5 minutes, which implicated that what i was doing was a bad idea or wrong.


i have been completely financially poor and strung out with anxiety about this bill that i cannot pay for about 12 months.. i go back in december for a checkup on how much i have paid, and i fear that i will go back to jail and lose my aparment and all my belongings.


i have no desire to give them money for a lack of evidence on the county's behalf.

i would be willing to do community service because i enjoy the area.

and i feel as though that i should not have to trade in any of my toys to pay off this bill that was given to me because of a judge that kept me in jail and caused financial burden, plus a decision/judgement/verdict that was made based on hearsay directly between me and the first officer on the scene.


i now have issues with the local judicial board and i am terrified to go in front of any cop or judge, thinking something like this will happen again.

US LAW ONLY!!!!



Thats why we ask what state.

i asked for audio or video of the incident to prove that i was dealing with a hostile police officer.. both forms of evidence were denied by my public defender just before i fired him.

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did you file the proper forms for discovery?

the cop never asked for my identification.. he walked up to the car and demanded that i step outside in the cold, and i told him no.

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Well, that's where you screwed up. He doesn't have to ask for your ID and if he has a justification, he can demand you exit the car. It takes very little to be able to give him that right. So, rather than asking why you just say no. Sorry, that doesn't work.

i decided to wait for another officer to arrive since the first one was not acknowledging that i have an ability to communicate nicely.

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you apparently do not understand what the definition of communication is. Try researching that.

what angers me is that i was found guilty without any evidence other than hearsay from the police officer.

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If the officer was on the stand, it was not hearsay, it was testimony and quite admissible.


and the reason they wouldn't let you out on bail? First, you had to be able to pay bail, which by what you have been saying, wasn't a possibility. Then there is this:

i was currently homeless

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without an address, they wouldn't know where to send your legal notices.

then the judge degrades me and belittles me when i said that i want to represent myself.. i had to say numerous times that i know what happened and i dont need anybody to tell the story besides myself.

i dont believe i was spoken to from a script or memorized paragraph, and the langauge went on for like 3-5 minutes, which implicated that what i was doing was a bad idea or wrong.

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well, wrong is a matter of perspective but it was surely a bad idea evidenced by the situation you are currently facing.

and i feel as though that i should not have to trade in any of my toys to pay off this bill that was given to me because of a judge that kept me in jail and caused financial burden, plus a decision/judgement/verdict that was made based on hearsay directly between me and the first officer on the scene.

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So, you have toys available to sell to raise the needed funds. Why are you so special and not have to do what anybody else would have to do to raise money? If I become indebted for something, I work or sell possessions to raise the money. Obviously you cannot work so that leaves selling stuff. Again, the evidence was not hearsay. and, again, the kept you in jail because you are admittedly homeless. .

so, was there something that happened that was actually wrong or improper you would care to ask about?

just out of curiosity; why did the first officer even approach you and why did he order you out of the vehicle?

i was in a parking lot at 3am on my laptop sucking up some wifi internet.

i was parked as far away from the building as possible.
why the cop was 'justified' or thought he needed to address me outside of the vehicle is beyond my knowledge.

but a cop that 'testifies' on the stand is providing hearsay rather than going through the audio or video evidence.

i asked my public defender for the audio/video and he said there was none.. therefore i was paired with someone that seemed to be working for the other side since my request was never brought to the judge.

it is disgusting to know the price of webcams and storage to record audio and video to have such a possibility of angered or even flawed testimony from a human rather than hard facts.

the cop could have just as easily proved his reason to demand me out of the car if there was one by using the video.

**edit**
and i know what communication is.. maybe you need to learn that i am funded for my problems 'communicating' with those that provide disabling context before me.
how many people do you know are paid for such a thing?

i could have given them my mothers address to send legal notices.. its a simple matter of fact that she would have got the mail and given it to me, there was no reason to hold me for as long as they did.

the only person saying anything about bail is you.. i was referring to being let out on my own recognizance.
i could have bailed myself out.. but that would be paying into the guilt, which would silently make me guilty.

there is nothing constitutional about keeping me in jail because i am homeless.. that defies life, liberty and the pursuit of happiness.

ya know.. the only 'idea' in this whole ordeal is the fact that the officer broke the normal methods of approaching people.. the cops around here always ask for ID first unless they are talking to you while you are walking.

there was nothing said in court about why he demanded me out of the car because the cop changed the sequence of events to benefit his behalf.

if a cop has justification to demand me out of the car.. he either needs to express that reason or point a gun at me to prevent the other person from becoming hostile.. its a matter of ethics and respect.
i was mistreated and thrown in jail for not abiding to a bully.

**and another thing**
dont think for a second that i am too insensitive to realize you are being bull-headed with your 'posting bail' remark..!

you really dont deserve a response.. but i am shaping my story.

You do not know the definition of "hearsay"

you really dont deserve a response.. but i am shaping my story.

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if that is how you feel, that's fine with me. I wasn't the one thrown in jail and came here a very incorrect understanding of the laws involved.

have a nice life

bye.

why harass me about how YOU use the word?

'Hearsay is information gathered by one person from another concerning some event, condition, or thing of which the first person had no direct experience.'

the person who had no direct experience with what happened would be the state attorney and the judge.

using the same tactics that got me fantastic results in grade school.. i am right on point.

anwaypasible said:

...if a cop has justification to demand me out of the car.. he either needs to express that reason or point a gun at me to prevent the other person from becoming hostile...

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Please point out the law or case-law supporting your position.

anwaypasible said:

why harass me about how YOU use the word?

'Hearsay is information gathered by one person from another concerning some event, condition, or thing of which the first person had no direct experience.'

the person who had no direct experience with what happened would be the state attorney and the judge.

using the same tactics that got me fantastic results in grade school.. i am right on point.

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Yet what you said earlier was:

anwaypasible said:

but a cop that 'testifies' on the stand is providing hearsay rather than going through the audio or video evidence.

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Seems to me that the officer HAD direct knowledge...and it ALSO seems to me that the judge and the state attorney don't testify.

You, sir, are a maroon.

anwaypasible said:

'Hearsay is information gathered by one person from another concerning some event, condition, or thing of which the first person had no direct experience.'

.

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I just can't help myself. Watching a fish flop about aimlessly is so heart wrenching:

n.
Unverified information heard or received from another; rumor.
Law. Evidence based on the reports of others rather than the personal knowledge of a witness and therefore generally not admissible as testimony.

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the cop had personal knowledge. He was there. He was involved in the conversation.

i dont need to be entangled in the outrageousness that stems from those that choose to hold themselves to one aspect of definition.

your example even shows:
'Unverified information heard or received from another'

proper verification would be the audio or video, not some chance that the cop may or may not be telling the truth.

human error is the cause of many disasterous results.

zigner is ass backwards and refuses to realize that the judge is the one who hears the information being told by the cop whom gathered the information.

i dont see what qualifies all of you to flame someone without consequence.

I shouldn't have bothered. I won't again.

enjoy life. I have to go to my nice warm, soft, and snuggly bed. .

justalayman said:

I shouldn't have bothered. I won't again.

enjoy life. I have to go to my nice warm, soft, and snuggly bed. .

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You are wiser than I...

Hello Anywaypasible. I am not a lawyer. However, I have studied it for going on 30 years. At the beginning, I would attempt to correct a wrong, take on a city ordinance, challenge a state law and so on, but each time I lost and usually lost bad. I felt that the "system" was stacked against me. After all, we can't have non-lawyers walking into a court and prevailing can we? Why the thought of that would encourage other non-lawyers to do the same, to go for the gold ourselves, rich or poor.

What I learned was as a self represented litigant I could not look at the overall picture objectively. The facts were the way I SAW THEM and although in actuality I may had very well been correct on my legal position, my position still failed. I was watching the movie "Civil Action" where I heard Robert Duvall (he played an attorney role) but he said that the truth is not found in the court room, the truth is found at the bottom of the bottomless pit---well, words of similar effect. My point is, the truth is police or nobody has to be "nice". If being an A**hole was against the law I'd be bonding out of jail every other day. But a few of your points are valid to me. For example, you were entitled to bail and moreover, you are entitled to a "speedy trial".

I suggest that you LEARN from this and move on. Read forums, speak out, research and so forth. Trust me, it is hard, very hard to be objective when we argue facts in the light of the way "we see them". That is where an attorney can be of great assistance. But I have since learned to look at things as in the third person and even draft legal pleadings in the third person style. From then on up to now I have been much more effective in communicating myself to the court and even earning a tad-bit of respect from a judge or two.

But one truth that is not found in that pit is the one that slaps us all square in the mouth, it is the truth about “justice” in the “justice system”. It is a misinformation to even think that this is a system of justice. It is a system of power that is often misused. In the United States money is power. The legal system has degenerated to the best legal system that money can buy. The constitutionally guaranteed rights have been reduced to a meaningless rhetoric, when they have become unenforceable, including in the federal courts. Unfortunately, many judges assume that their job is to appropriate your money, your assets, your property and to curry favors with lawyers and other judges. Often the facts are whatever suits the end result. The facts can be altered and the law can be rewritten or wholly disregarded. So, don’t sweat it and just place it behind you.

Also, as for you fines, check into this proposition. Fines are like a debt. In Tennessee, a court can only impose a maximum fine of $50 for a misdemeanor. All that other stuff disguised as “fines” are court costs, fees and so on. If you can’t pay and are insolvent then you are judgment proof. Debtor prisons have long been abolished and failure to pay a fine can be challenged if it is not part of your probation, etc.
And one other thing, if you are ever arrested again, simply refuse to everything. Make the “system” do all the work, after all, it is their system not ours. Never agree to any postponement of a court date and hold tight to your right to a speedy trial which usually is 45 days, but I have read where it varied state by state to include up to 120 days. Nonetheless, the 6th Amendment guarantees this to you so make the state prosecute you within the time frame and if they don’t, then file in federal court and get released free and clear. Most of the time we find ourselves talking ourselves into trouble. Just play it cool, play it safe and regardless of whether you have a warm, cushy bed or not, be true to yourself! Namaste.

RoyLDenton said:

. . . In Tennessee, a court can only impose a maximum fine of $50 for a misdemeanor . . .

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Excuse me for saying so, but you don’t know what you are talking about!

Because it so happens that in the State or Tennessee non-felony criminal offenses are classified under three separate categories: Class A Misdemeanors, Class B Misdemeanors and Class C Misdemeanors.

Class A Misdemeanors carry a maximum fine of $2,500 and include DUI, assault, and petty larceny.

Class B Misdemeanors such as resisting arrest, public indecency, patronizing prostitution, reckless driving, etc., carry a maximum fine of $500.