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  1. #21
    Join Date
    Jan 2006
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    38,867

    Default Re: What Witnesses and Evidence Must a Public Defender Subpoena

    they may be admissible. If the defense does not properly object to their admission (if there is valid cause to object), it is likely they will be admitted if the prosecution submits them for admission.

    what value they provide is likely limited by proper objections by the defense.


    Without videotape or an eyewitness to a theft, can a report just all of a sudden pops up long after the alleged incident, be used as evidence
    sure.

    consider this:

    you are discovered with this merchandise. They somehow determine the merchant involved. They inquire with the merchant if they are missing the items in question from their inventory. They store investigates and it is discovered they are missing the merchandise you just happen to have. they report this to the police.


    as the report of " an incident"

    what sort of incident are they referring to?

  2. #22

    Default Re: What Witnesses and Evidence Must a Public Defender Subpoena

    Yes, we were in front of the general seesions judge for the preliminary and are scheduled for the same date and time for the grand jury readout, so I assume that we will be tried together in criminal court. Without any direct evidence(video, eye-witnesses, or serial numbers), can enough circumstantial evidence amount to a conviction and might it be better to waive a jury trial and have a judge hear it? Is a judge more likely to know what reasonable doubt should be? Thanks for your comments.

    - - - Updated - - -

    They are saying that items similar to what was found in vehicle were stolen. Similar but not exact. Are they trying to show a pattern and is a pattern enough to prove that said items in vehicle that do not exactly match in description, are stolen?

  3. #23
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    Jan 2006
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    Default Re: What Witnesses and Evidence Must a Public Defender Subpoena

    Quote Quoting lorie42
    View Post
    Yes, we were in front of the general seesions judge for the preliminary and are scheduled for the same date and time for the grand jury readout, so I assume that we will be tried together in criminal court. Without any direct evidence(video, eye-witnesses, or serial numbers), can enough circumstantial evidence amount to a conviction and might it be better to waive a jury trial and have a judge hear it? Is a judge more likely to know what reasonable doubt should be? Thanks for your comments.
    I wouldnt count on a common trial based on your statements. All that means is the prosecution does not have to present the same evidence twice but change the names involved.

    preliminary; same thing.

    can enough circumstantial evidence amount to a conviction
    yep.
    might it be better to waive a jury trial and have a judge hear it? Is a judge more likely to know what reasonable doubt should be?
    things such as that are explained to juries. I was referring to the typical person on the street. determining which would be better is not something easy to decide and surely not something I could answer for you.

    - - - Updated - - -

    Quote Quoting lorie42
    View Post
    They are saying that items similar to what was found in vehicle were stolen. Similar but not exact. Are they trying to show a pattern and is a pattern enough to prove that said items in vehicle that do not exactly match in description, are stolen?
    similar like in they are missing shirts and you had shirts or they are missing some particular brand and style of shirt without a specific color and you have shirts that fit that description?

  4. #24

    Default Re: What Witnesses and Evidence Must a Public Defender Subpoena

    We have items that would be a specific department like say housewares and they have items missing that are not specific but are similar only in the fact that they come from the same department. Once again, there are no serial numbers on any of the items and no video or witnesses. As I said in another message, we could have bought these items at numerous stores, the UPC is manufacturer specific only. It has been verified. These items could have been bought at a thrift store, a flea market, from an individual on craigslist, etc., etc.

  5. #25
    Join Date
    Jan 2006
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    38,867

    Default Re: What Witnesses and Evidence Must a Public Defender Subpoena

    Quote Quoting lorie42
    View Post
    We have items that would be a specific department like say housewares and they have items missing that are not specific but are similar only in the fact that they come from the same department. Once again, there are no serial numbers on any of the items and no video or witnesses. As I said in another message, we could have bought these items at numerous stores, the UPC is manufacturer specific only. It has been verified. These items could have been bought at a thrift store, a flea market, from an individual on craigslist, etc., etc.
    so when you told them where you got them legally, their response was.......?

    I mean, the simplest and cheapest means to defend an innocent person in such a situation is to prove you obtained them legally. So, just prove to them you obtained them legally and this should all be over.

  6. #26

    Default Re: What Witnesses and Evidence Must a Public Defender Subpoena

    We produced some receipts for some of the items. Others, we did not have receipts. They did not care. They seized everyting in the vehicle down to a dog food bowl and dog food that the dog was using. They tried to seize and keep the vehicle, had it not been financed, they would have not released it. I have them figured out. If they arrest you and find anything in your vehicle that they can say might be of probable to seize they will and will auction it off if you are not able to fight back. We would still be in jail right now if we had not of bailed out with borrowed money from family. This DA is bluffing that we will not be able to afford to keep driving 2 hours back to his county every 30 days for another court date until this thing comes to an end. All that is going on in this county, is the attempt to collect revenue by any means necessary with the police as their enforcers. They don't even have to have one shred of evidence in this game. If they break us financially, and we have to accept a deal to end the nightmare, then they get to keep the seized property and sell it off. I'm afraid this goes on alot all over this country and if you aren't able to afford to play the game(attornies), you lose.

  7. #27
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: What Witnesses and Evidence Must a Public Defender Subpoena

    I don't care what the cops think. This is beyond them now. Providing proof to the prosecutor is where it is now and if you have proof and they ignore it, abuse of process or malicious prosecution comes to mind but excuse me for having the feeling that you really cannot prove you purchased the items since you didn't actually purchase them.

  8. #28
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,487

    Default Re: What Witnesses and Evidence Must a Public Defender Subpoena

    WHY would the police even begin to think that items found on a random car stop were stolen? What do you think gave them the idea that the items might have been stolen?

    Sorry, but the police don't just start looking through your possessions and accusing you of stealing them. SOMETHING got them suspicious.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  9. #29

    Default Re: What Witnesses and Evidence Must a Public Defender Subpoena

    The arresting officer actually told my lawyer and my co-defendants lawyer, with the DA present, that he believed that we were part of a national crime ring that was sending money overseas for terrorism or something far-fetched. The DA is running with a spaced out cops delusional ideas. It's a small town up in the mountains of tennesee and they have nothing better to do there than to dream up nonsense to make their days more exciting. Typical small town mentality. It's very sad. It's go to show that we need to pyschologically screen anyone trying to be in law enforcement or the court system. It's really out of hand.

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