Judge Made Errors That Resulted in Unfair Trial

[Las Vegas in Kahoots]

My question involves civil rights in the State of: Nevada

Two years ago I was charged with 4 felonies.
The 4 felonies was:
a) Possession of sub-machine guns and silencers.
b) Possession of a firearm by a prohibited person.
c) Possession of marijuana.
d) Possession of a controlled substance with intent to sell.

I plead not guilty to all 4 charges at the Justice Court hearing.

At the Las Vegas Justice court preliminary hearing where evidence was introduced, and witnesses took oath, The Judge dismissed the 2 felony firearm charges and court ordered the LVMPD to return all 65 firearms back to me, as I was federally licensed by the ATF to own these weapons.
The Judge also found me not guilty/ dismissed for the "possession of marijuana" felony charge for the reasoning that since other adults lived at my home, that that marijuana might/could of been theirs.
As for the felony charge of "possession of a controlled substance with the intent to sell" The judge bind-ed it over to the District Court to be set for trail.
The reasoning was because I had a Digital reloading scale used for reloading ammunition.

Ok, so this sound like an easy win in District Court? To get charged with "possession of a controlled substance with the intent to sell" when you was found not in "possession of marijuanna" and the procecution had no other evidence of any contolled substance whatsoever.

In Las Vegas, apparently NOT.

The LVMPD refused to return my firearms by the court order from the Justice department Judge.
And the District Court Judge sided with the LVMPD. (My firearms was later used at trial when both of the DA's marched around the courtroom telling the Jury I needed 65 firarms to protect the few seedling in my wiife garden)

The District Judge refused to hear any motions to dismissed the charge.

Right before trial the Judge tells the Jury that I was arrested for a "Grow house", when my defence was: "I did not know that a couple of seedlings in my wife's garden "was in fact, marijuana seedlings."

During the trial, my attorney and I did a pretty good job in defence work.
I busted the LVMPD Narcotics officers planting a "cocaine display" on my office desk,
and busted the LVMPD and the DA with editing my 911 tape on the LVMPD level and on the DA level.
We also found that the Narco officer committed perjury to the courts when he applied for the search warrant by telling the judge on record that he obtained SIGNED consent to search my home.
My lawyer drilled the Narco officer on the stand to confess to the courts and Jury that he did not have ANY probable cause to believe I had any intent to sell any controlled substance at all.
Further, the LVMPD Forensic Scientist was caught with testifying to the courts that dirt and rocks was indeed tested as being in fact "marijuana".

Everything looked great until the Judge decided to give Jury instructions right before deliberations, that they can find me guilty of a lessor charge of being in 'possession of marijuana", INSTEAD of "possession of a controlled substance with intent to sell"

The Jury then found me guilty with "possession of marijuana".

Now my question relates to this:

A) When the Judge told the Jury I was "Arrested for a grow house"
The Jury thought I was one of these men here: http://www.8newsnow.com/story/119366...s-of-las-vegas
They thought I had Like 5,000 mother plants in my home.
When supposedly there was a few marijuana seedlings in my wife garden.

B) Is this Double Jeopardy? Is it possible to get re-tried and convicted of a charge that was dismissed / found not guilty in the same case???
I know it can be possible on a state and on a federal level.
But in Justice court and in District courts in the SAME building?

I did some research on the court rules and state laws and what i found is this:


Rule 18.  Trial, hearing of cause, proceeding, motion entered into by one judge prevents action by another judge unless requested; only judge having charge of cause may grant further time to plead, act, unless his inability shown by affidavit; modification of rule in judicial districts having more than one judge, another judge requested, or another judge assigned.
1.  When any district judge shall have entered upon the trial or hearing of any cause, proceeding or motion, or made any ruling, order or decision therein, no other judge shall do any act or thing in or about such cause, proceeding or motion, unless upon the written request of the judge who shall have first entered upon the trial or hearing of such cause, proceeding or motion.
2.  No judge except a judge of the district where the cause or proceeding is pending shall grant further time to plead, move or do any act or thing required to be done in any cause or proceeding unless:
(a) The judge is absent from the state or from other cause is unavailable to act; or
(b) Another judge has been requested to act by the judge having charge of the cause; or
(c) Another judge is assigned to the court by the chief justice in which case he may hear any matter coming before the court during the period of assignment.
[Added; effective January 1, 1980.]


NRS 66.070 Transfer of cases to district court.
1. The parties to an action in a justice court cannot give evidence upon any question which is excluded from the jurisdiction of the justice court. If it appears from the plaintiff’s own showing on the trial, or from the answer of the defendant, verified by oath, that the determination of the action will necessarily involve such a question, the justice must suspend all further proceedings in the action and certify the pleadings, and, if any of the pleadings are oral, a transcript of them from the docket of the justice, to the clerk of the district court of the county. From the time of filing the pleadings or transcript with the clerk of the district court, the district court has the same jurisdiction over the action as if it had been commenced in the district court.
2. In cases of forcible entry and detainer, of which justice courts have jurisdiction, any evidence otherwise competent may be given and any question properly involved therein may be determined.
[1911 CPA § 779; RL § 5721; NCL § 9268]—(NRS A 1981, 174)


Maybe I am missing something more?
I would appreciated any input on this matter.
Thank you in Advanced.

BTW: I did get back all my firearms.

[flyingron]

Sorry, you can be usually retried on dismissed charges as long as they were dismissed before any trial action was commenced (usually the first witness is given in prosecution).
Dismissal is different than a finding of factual innocence of being acquitted at trial. You can be retried at any time within the limitations period.

You need a lawyer.
You have limited time to appeal this. The appeal might be indeed valid based on prejudicial statements by the judge.
That's not a guarantee, just a straw to grasp at based on what you've provided here.

[Mr. Knowitall]

When you believe that the judge committed reversible error in your criminal trial, you appeal your conviction and raise the issues on appeal.

[Las Vegas in Kahoots]

Thank you flyingron and Knowitall for your response's.
FlyingRon- just to clarify your response,
Since I was found not guilty of "possession of marijuana" at the preliminary hearing where evidence was introduced and witness where sworn in,
Then the courts can NOT further proscute me or retry me of that charge. Is this correct?

[Mr. Knowitall]

If you were acquitted of a charge after trial, you cannot be retried for the charge. (Well... there are a few odd cases where somebody was retried because they had bribed the jury and it was held that jeopardy did not attach due to their actions, but I'm assuming.... )

You are not, however, acquitted of charges at a preliminary hearing / probable cause hearing. Normally the judge's decision at such a hearing can be appealed - the procedural details matter.

[cmre3456]

Sometimes perception will outweigh the law, even at the appellate levels. Humans err. In a way you set yourself up by being in all of the circumstances you were in. Living among all of those weapons and MJ and...

Weapons violations of that type (if any) could be Federal as could the controlled substance. In that sense I think you got lucky being charged on the state level. Did you get any jail time?

Some people will never understand why someone would "need" 65 guns; some select fire (fully auto, machine gun) and some with silencers. You have 3 strikes against you with those people no matter the law. Are you an 07 SOT FFL in possession of conversions, or are those pre-ban weapons? I guess you had tax stamps for everything and there was no gun charge? If you were legal all the way there and not charged, bringing the guns into the court was prejudicial and inadmissible as irrelevant and immaterial to an MJ charge.

Did your attorney so object? You can appeal only what happened and if your attorney failed to make the proper objections, that opportunity is lost. Anyone with half a brain would know that the weapons were brought in only to prejudice the jury against you. The problem is, now that they are on the record they may also prejudice appellate courts. It just depends on the people who make the rulings.

Life isn't always fair and courts don't always follow the law. Those weapons are regulated and licensed by BATF. You may possess them ONLY if your state also allows it. I assume the justice court found them legal (or not illegal) under state law, and you proved you were clear with BATF? If so, IMHO you were found not guilty, but I'm not a lawyer and certainly not in Nevada.

This is an issue for a really good attorney. IMHO you used poor judgment in living the way you did (if you're going to have the weapons, ammo and reloading equipment, you have to keep your friends, wife and lifestyle lily white in all other areas) and if the conviction for possession with intent to sell sticks, you'll lose those guns. You'll be a person not allowed to own guns at all. Right now based on the conviction the police are correct in not returning the guns if the conviction was a felony and I don't see how it wasn't. Felons can't own guns. I don't mean that rulings or the conviction were correct, I just mean it is what it is until you get it overturned on appeal.

There are lawyers who specialize in 2A (Second Amendment) cases. They are gun people themselves. You need one to get the conviction overturned and get your guns back. Start asking around with gun organizations in your state. Surely you know who they are.

THEN clean up your lifestyle, change your associations, or you'll get it again now that you're on the radar.

[cmre3456]

More...

A good 2A attorney might possibly get your guns in his possession, or in the possession of an FFL (federal firearms licensed dealer) where you'd pay storage, and might even begin to sell them to appropriate people. That's better than losing them forever. If the attorney is a gun person and has the 07 SOT FFL he can take possession. So can a gun dealer who is an 07 SOT FFL. As you know, conversions can never be converted back. They can be destroyed to BATF requirements, sold to law enforcement, or sold to another 07 SOT FFL and that's it. They are forever registered as conversions.

If you converted AR type weapons, you probably know that only the lower is the "gun." In fact, only the stripped lower is the gun. It has the serial number. With a conversion to select fire, the auto sear is also the "gun" All other parts on the the gun are just "parts." The complete uppers could be popped off and sold, as could the parts kit and trigger group from the lower. An 07 SOT FFL would have to return the stripped lower and the auto sear to BATF per the regulations.

Any FFL could store and sell the regular guns. FFL's have to have a special license to handle the silencers for you.

I'm sure you don't want to give up your guns, but just remember that any tax stamps you have for silencers and anything else you have from BATF are void right now.

If at the moment you have a felony conviction which I read that you do, remember that you can't be in a home with a gun even if it belongs to someone else. You can't "have access" to a gun. I'm saying this because you're looking at a minimum of 10 years in Federal prison, and they don't give early parole which amounts to anything. You are on the radar and you need to be careful.

Remember too that if you have an FFL and the address is your home, you've given BATF permission to "audit" your home without notice. They always get a waiver to enter and audit any FFL's place of business.

[Las Vegas in Kahoots]

Cmre3456, thank you for your detailed response.
As I tried to give as much details as possible, I failed to notate that the "possession of marijuana" I was convicted with was a misdemeanor.(under an ounce)
Where I was originally charged with "possession of marijuana" over an ounce a felony. However I did get back all my firearms and I have sold them to prevent any further liablity with the LVMPD illegal activities.

Here in Vegas The Judges, Prosecutors and the LVMPD all sleep in the same bed together. And to be the best Attorney all depends on how much $$$ that attorney gives (AKA: Campain Donation) to the Judge during election time.

The other problem here in Vegas is the LVMPD has a bad habit of convicting murdering innocent people. And will do anything it takes to make it look like is was justified. They will go as far as destroying and frabricating evidence and making witnesses disapear. And the Prosecutor and the Judges will go along with it.

This is because if the LVMPD was ever held accountable for all thier actions, they will be banckrupt and Las Vegas would be without a police department. (A good thing! less crimes committed).

To be continued.

[cmre3456]

OK, thanks for the clarification and I'm very glad you don't have a felony and that you got your guns back. Based on vague description, I know that was a ton of monetary value, especially if the select fires were pre-ban. I have yet to see a good one sell for less than $20k.

Please double check that all sales were legal. You're on the radar. Selling silencers and select fire weapons is something to be very careful about - meeting BATF regulations.

In Nevada, ordinary firearms can be sold privately, "face to face" with just an exchange of cash, except in Clark County where they must be registered through an FFL within 72 hours. In every case, both buyer and seller must be residents of Nevada. If one party is a resident of another state, you have to go to an FFL (federal firearms licensed dealer) and have the federal paperwork done.

I realize the system isn't always fair and that the law isn't always followed. I think I made that clear. Perception can override truth even with good people especially with emotional things (to some people) such as firearms and drugs. I don't know about the honesty of your system there - no experience with that.

Good luck.

[Las Vegas in Kahoots]

If you were acquitted of a charge after trial, you cannot be retried for the charge. (Well... there are a few odd cases where somebody was retried because they had bribed the jury and it was held that jeopardy did not attach due to their actions, but I'm assuming.... )

You are not, however, acquitted of charges at a preliminary hearing / probable cause hearing. Normally the judge's decision at such a hearing can be appealed - the procedural details matter.

Knowitall, I think this would be my best way to get this squashed. And thank you for reminding me on something I would need to add.... Besides all of the LVMPD antics, I was suppose to testify against a Drug trafficker (who tried to hurt my children)at Broward County court, right after my trial. This Biatch trafficker figured she can call the judge, and tell the judge a bunch of sick lies about me, to try to put me in jail so I be unable to testify against her at her muti-felony case in Florida.

I did not think a call like that would get to the Judge.... but I should of expected it! During the Trial the Judge and the court clerks was giving me the most Filthy looks ever, Like I raped a bunch of babies.

On the day of sentencing when the Judge found out there was no jail time for my conviction, Out of the blue for no reason, the Judge then puts me in Contempt of court and sentenced me for 10 days in Jail. But a few days later she canceled the jail sentence. I guess she figured she did enough damage with me. Here is a hidden video of the Drug trafficker in what she does best: http://www.youtube.com/watch?v=De9K7817-fU

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because you're looking at a minimum of 10 years in Federal prison, and they don't give early parole which amounts to anything.

CMRE,, don't forget 20 years additional for a silencer when a drug offence is committed.