I might end up arrested at the end of next month for a probationary violation that can only be described as the criminalization of not having a permanent residential address.
I’ve been on probation as a felon for three and half years now where I have one year left until it expires.
I have a lawyer on my case where upon turning myself in being what is deemed a wrongful arrest next month I have a good chance of suing the county of my state that happens to be one of the wealthiest agricultural counties locally here.
I of course have nothing to lose where the state has everything to lose by comparison in the matter where I am looking forward to a court settlement. So, there’s that.
If you can’t beat them directly beat them at their own game.
Let me guess. As part of your probation conditions you are supposed to have a permanent residence? Give me more details.
If that was part of the probationary conditions, your arrest won’t be wrongful. But, depending on the felony/crime, there’s a good chance instead of doing your suspended sentence, your probation will be reinstated. If the felony was minor, they don’t want to put you in prison if they could be making money off you paying probation fees.
Meanwhile, it may be that in your state, what can count as an official address is merely a location where you reside routinely, not necessarily a house, room, or apartment. Have your lawyer check the statutes, because the prosecutor will still try to charge you even if he knows he has no case. They do it all the time, because they know a jury is usually too stupid to know anything about the law. And, the judge, too, will sit right up there on his bench, knowing the prosecutor is full of shit and the jury doesn’t know, and not say a word.
The state generally uses homelessness as if like a door into oblivion. It’s like prison rape, a means for you to be visibly destroyed to all who know you. If the state looked after people at the bottom there would be very little crime [comparatively], as it often derives from deprivation world over. Then they would also have no means of control, where crime and low wages reinforce that.
I don’t entirely agree. There are people at the bottom, as you put it, who are there because they fucked their life up and are responsible for their circumstances. On the other hand, there are people at the bottom because the state fucked their life up. It is these people who are deserving of retribution from the state, and if the state does not provide this, it is essentially criminal.
A person who is betrayed by the state is by virtue of that betrayal principally ‘emancipated’ from state law and authority. Why should a man observe and respect the laws of a state that has broken its own judicial laws, resulting in the ruin of that man’s life? His contract with the state is nullified. I call this active anarchism, while passive anarchism is the idea that government should not exist at all. The former, active anarchism, is not anti-government per se, only anti-government of the kind that has participated in the ruin of the man’s life. It is engaged revolt, purposeful disobedience. It is no mystery why I promote more government, paradoxically, because I wish to tighten the grip on the judicial process. All these little prosecuting liars are a result of too much freedom. Hence, my processional anarcho-fascism.
And yes, I made this about me, again. Don’t I always? But I cannot not make it about me, because I am in it up to my neck. And so my life becomes ‘philosophical’ in the worst possible way. There is no armchair for me to safely philosophize from. Perhaps I should have Gamer write that book.
Responsible + [for their] circumstances ~ where circumstances are necessarily external to the individual? Maybe there are degrees to the matter but i doubt if anyone could point to a single instance of someone doing that due to their intent and of >their own free will<.
Agreed.
The judges go by how they are instructed by the law ergo by government which makes the laws. It may be a bit different in the USA, but the state only takes a back seat in as much as it needs, noting that it has throughout the course of events always stepped in when it needs to.
Decentralisation takes power away from the centre ~ well it doesn’t really, and that is why i am an individualist anarchist [labels only used for convenience].
If you told all the judges to behave like x,y,z, then the next person comes along tells it to be like k,d,w, etc and for equally valid reasons as they see it. Even if yours or their reasons are correct in some way, they wont be right for me for the very same reason as the next persons k,d,w. This is why law itself is flawed. Begin with sharia law and keep going ~ it’s all similar and necessarily centralising/uniforming/similarising.
I don’t want to turn this into a metaphysical argument about freewill because then everything would be moot. What I mean is, there are people who at many points in their lives knowingly make and take risky chances that can have consequences they are well aware of. I see homeless people all the time begging for money, and half of these people were perfectly capable of staying in school, or staying away from the bottle. And they were cognizant of what they chose to do when they didn’t make those decisions. These are the kind that get no sympathy from me. These are the kind at the bottom because of their own choices.
A general assembly’s job is to carefully and clearly define statutory law, and a prosecutor’s job is to observe those carefully and clearly defined laws without twisting and fudging the meaning of those statues. Let me give you my example: there was a kid that saw me flash a woman. I did not know this kid was there. Now, with that evidence, as a prosecutor you can rightfully charge me with misdemeanor indecent exposure, because I intentionally flashed a woman.
What you cannot do is charge me with felonious indecent liberties with a minor, because my actions did not fit the statutory definition of the crime: to willfully and intentionally commit a lewd of lascivious act WITH OR UPON THE BODY of a minor.
But, you might be able to twist the semantics a bit and get it to work. You might be able to say that because I was in the PRESENCE of the kid when I flashed this woman, I had committed a lewd act WITH THE BODY of the kid. How, you ask. Because WITH doesn’t necessarily have to mean IN POSSESSION OF. Follow? Now you and I know this was NOT what the general assembly meant when they defined that crime. When they said WITH they meant HAVING PHYSICAL CONTACT WITH.
If I were to say Amorphos was playing with fire, what do you suppose I mean. That you were striking matches or stoking a fire, that you HAD the fire in your possession. I would not mean that Amorphos was thirty feet away from the fire playing cards with his friends. Ah but you were IN THE PRESENCE of the fire when you were playing cards, and I could probably convince a jury to accept this redefinition of the word ‘with’.
It’s slick little shit like this that happens all the time in criminal law, and it happens because the system gives too much freedom to the prosecutors to deviate from what is clearly defined by statutory law.
There should be no change in the way laws are established. I’m not arguing against that. I’m arguing against the process of prosecution, and against the things that exist which motivate prosecutors to twist statute definition for their own advantage. If there were centralized control over this process, prosecutors would not get away with this shit. I’m also arguing against the use of a jury, especially when a jury can only be composed of idiots off the street who are full of prejudice and bias.
The prosecutor knew how much sex offenders are hated by everyone, and he used this fact to his advantage. He knew he would have no trouble getting a jury to accept his twisted use of the statute if I took the case to trial. The whole process was a loaded gun from the very beginning.
Now he knows he can put me into a state of duress and force me to accept a plea bargain, so what does he do? He threatens to add MORE charges to the roster of I don’t agree to plead guilty, but will drop these additional charges (which are also twisted redefined statutes) if I agree to plead guilty to a single charge (the indecent liberties with a minor). Now you see the position I am in; I shouldn’t even be charged WITH THAT, much less any additional charges if I choose to plead not guilty and take the case to court.
As you read this you think you understand what is going on here, but you have no comprehension of the weight and gravity of this event. You do not grasp the extraordinary significance of this event. It is a life changer, something you cannot understand unless it happens to you.
Every move I make, everything I do and cannot do, every pain I feel, everything I have lost, everything I cannot gain, every job I cannot get, every place I cannot go or live, every friend or lover I cannot have, is somehow tied back to that one event, that one lie. There is only one thing in this world that is despised more than a sex offender, and that is a lying prosecutor who charges someone with a crime they did not commit. Nothing I did brought this tragedy upon me. It was entirely the making of someone else. Why? Because I trusted that my judicial system would only charge me with crimes I DID commit, and I committed my crimes while also being willing to suffer the consequences I WAS TOLD BY MY JUDICIAL SYSTEM could result. Had I been charged only with the misdemeanor indecent exposure I DID COMMIT, you would not hear a word out of me.
I would bet that Laughing Man is going through something similar. I would bet that somewhere there is some kind of foul play in the criminal justice system regarding his case.
What is the difference between a prosecutor and a carp?
One is a scum sucking bottom dweller and the other is a fish.
The system intervenes upon of already existing life, a calculated cultivation relative to the individual’s capacity. Premeditated force towards homelessness is a system warning, an example, a less gruesome version of a public beheading, to keep the rest of the population in check, to minimize resource consumption and prevent rival competition. Initially the individual is generally not known until the system is applied, an activated filtration takes place.
The system knows of such human inabilities, so it becomes convenient for a live example. In this modern day, the individual is easily more known, due to the environmental landscape set up, statistics, prediction and probability. etc…
There are different levels to this system configuration, this why a dumb man can be homeless and also a very intelligent man can be homeless. The dumb person is the easy prey, the population in check, example. The homeless configuration for the intelligent man is to minimize resource consumption and prevent rival competition. The configuration spans the across the structure where the system is applied, so it picks up the dumb people in one area and the intelligent people in another. There is an abundance of dumb people at the welfare centre, low income housing etc…where they can just be switched off and made into a live example, as mentioned and often are, they are also fodder for police records, to meet the quota. Using the word “dumb” to refer to a lack of perceptive, strategic capability in a proactive context, and the word “intelligent” not the lack of…
For the more intelligent capable people, educated, skilled etc…well, they do it to them through alimony, family courts, bankruptcy, redundancy, blackmailing, destroying reputation, false allegations etc. It isn’t all constructed with sinister intent, but it is highly used in such a way.
The one’s who are more intelligent, perceptive and capable generally evade such system configuration, whether it be by strategically navigating through the system services, legality and conformity or manipulating the loop holes in the system, or calculated criminality against the system, which is why it is “criminal”, and finally, going off the grid into the wilderness and naturally surviving off the land, where the system will not really care about what you’re up to, if it’s far away enough and not resource abundant.
Hey Laughing, grit Your teeth, and see if You can outsmart them. Hope for the best, for You, but the bottom line of the game, try to appear as innnoscent and mistreated as can be, and somone in the system may be willing to pull one for You.
I’ve just found a state statute that nullifies their entire argument.
Secondary address" means the mailing address of any place where the person regularly or occasionally stays overnight when not staying at the person’s primary address. If the mailing address is different from the actual location of the place, secondary address also includes the physical location of the place described with as much specificity as possible. However, the location of a supervised publicly or privately operated shelter or facility designated to provide temporary living accommodations for homeless individuals as defined in section 116L.361, subdivision 5, does not constitute a secondary address.
Notice the last sentence in that statute. Does not constitute a secondary address.
So now I am looking at a mishandling of my case from three different counties. Grins
Now that I’ve opened Pandora’s box with these fucking government yuppie vermin I shall now press them to be specific on the grounds of my multiple county transferral and how they came to conclusion that I’m not meeting the conditions of my probation in the subsequent refusal of it. I shall also ask them as to why they are forcing me to unlawfully assemble to meet with them eight hundred miles away once a month.
I’ve told them that I am refusing all phone calls with them as I am only accepting email communications where I’ve made it perfectly clear with all parties involved that I am documenting and filing away our conversations so that if this is made into a court matter it will be used as evidence.
I’ve also asked that I be allowed to use a tape recorder for our visitations and that moreover should they force me to travel I am going to document travel expenses which I’ll be forwarding to them for reimbursement.
If this goes to trial I’ll be contacting the ACLU, the state district attorney, state department of justice, and a whole host of civil liberty lawyers.
If I lose my job and wages because of their actions I’ll file suit for punitive damages especially also if a false arrest comes out of this.
Ball is in their court now concerning a response to my emails.
Let’s see what the next week or two brings…
I am about to become somebody’s huge pain in the ass and living nightmare.
As far I know upon research only sex offenders are limited to that kind of residential address restriction.
I am not a sex offender.
My felony is relatively a minor one. It’s so minor that once it expires it transfers into a misdemeanor.
No, these f*ckers are career and for profit court mitigators where everything revolves around conviction rate.
They will wish the day never came where they double crossed me when the time comes.
This county screwed me over once. It will not happen a second time. I’ved since learned from the first time how to deal with these f*cks utilizing their own game.
For me homelessness off and on the last eight years has been full of misery, misfortune, pain, or overall of total agony.
It has shaped however my philosophy, perception, and mental clarity on the rest of the world concerning the reality in which we live in where to its credit has been an excellent teacher to that effect.
When you truly live on the bottom foul dredges of society as long as I have any illusions you might of had on government, society, or civilization in general go by the wayside where the truth of things is practically disgustingly naked sitting on your lap slapping you in the face everyday.
There are two types of people that live at the bottom dredges of societies all across the world. Those that are put or forced into there against their will and then there are the dumb animals that prefer it.
You have to be careful and know what you are doing when you interpret these statutes, dude. The above might be superseded by special conditions of your probation. You need to find the paperwork you were given when you were put on probation, then tell me verbatim what anything says regarding your residency requirements. If you are patient I can tell you anything a paid lawyer would tell you, but for free.
What you have to be prepared for is probation and/or arresting officers being ignorant of the laws themselves, arresting you by mistake, spending a month or more in jail (during this time you lose everything because you have nobody to watch your stuff while you’re locked up) before you get into court, where you’ll have to spoon feed the statutes to the DA and judge. When they realize they were wrong, they let you go and reinstate your probation. Meanwhile you’ve lost everything from your property to your job. Now you’ll try to sue the county, but it won’t work, because none of this procedure was unlawful, see. It isn’t unlawful for probation officers, prosecutors and judges to be incompetent, and it isn’t the county’s fault you lost everything while being wrongfully incarcerated, because the moment the state is made responsible for its incompetence, everybody will dodge that responsibility until the case gets lost in the cracks. “We made a mistake, Mr. LM, sorry to inconvenience you. Have a nice day” is all you’ll get.
And get this. When I got out of prison I had 72 hours to give an address. I tell the sheriff I’ll be homeless and parked at intersection X and Y. He say no, he can’t allow that. I say yes, he can. I SHOW him the statute; it is perfectly legal for a sex offender to be homeless as long as they give a location where they reside. He ignores me. I ask to speak to his superior. He’s not in right now. What do I do? Refuse and get arrested, then go through the whole bullshit process again and lose the only thing I have left, my van, then get out and REALLY be fucked? So I had to move into my mother’s house. I had no choice. The stupid motherfucker didn’t know HIS OWN GODDAMN LAWS. This is the sheriff we’re talking about. Now the GPS bracelet goes on my leg for life. This big, bulky contraption I have to charge everyday, plugged into a wall for two hours. Fuck that. I find a state that won’t require me to wear the GPS, and move to Virginia to be homeless. Gotta be, because I lost everything while in prison. Then I find out it is illegal to sleep in a vehicle anywhere in VA Beach, but not illegal to sleep under a bush. Brilliant!
Right. So in my case, the law makes it next to impossible for me to find a place to live by wrongfully convicting me, then it arrests me for not being able to find a place to live because I was wrongfully convicted and made unable to find a place to live. Then it tells me I can’t sleep in my van, only under a bridge or a bush. Then it wants to arrest me for loitering under a bridge or a bush. Didn’t I tell you these lawmakers are brilliant?
Another one. My compliance officer tells me I am required to do an in-person registration every year… you get a letter in the mail you have to take in and sign. Three months later I’m in the compliance officer’s office. The state police comes around the corner and is ready to arrest me. Ends up I am required to do the in-person every 90 days. The compliance officer was wrong. I was THIS CLOSE to being charged and arrested for another felony; failure to register. I had to BEG the stupid motherfucker to not arrest me. Had I said the slightest thing wrong, or had this policeman been in a bad mood, I would be in jail at this very moment awaiting a court hearing where I would be told ‘ignorance of the law is no excuse’. Ah, but it is an excuse when THEY are wrong about the law, see.
Alright I’m going off on a rant again. Nevermind all that. Go get your paperwork and read it carefully. You’re giving me bits and pieces I can’t put together. I need the whole motion of discovery. We’re going to work through this, and when you get screwed in the ass by your judicial system, you will have ascended to the next level. Then it will be your duty to help those like you because you will have the rank. The rest don’t matter. They just get in the way… and’ll probably call the cops on your ass if you aren’t careful.
Being a vigilante is a big responsibility, LM, because you will be fighting a war that the others cannot understand. Their words become meaningless chatter in the background. You will be alone, alienated, ostracized, mocked and scorned, denied, and shamed. You don’t pay any attention to that noise, because you are no longer like them, no longer human. You are now half god, half man, living a life that would break any mere mortal in less than a week.
Alright I’m going off on a rant again. Nevermind all that. Go get your paperwork and report back to me. Meanwhile, put this headband on. It is a sacred headband, and not just anyone can wear it. You’ve earned something special today, LM, and I want you to be proud.
I remember seeing you sitting on that bench by the library at Carolina Beach because Natalie wouldn’t let you in the apartment. I said to myself “now there’s a guy who can do this. He’s solid as a rock.”
The way you ramble on would actually bore me to death in real life, zoot… you remind me of a modern woman…“the other day i bought these shoes, but they didn’t really fit me, so now i have to find the receipt and take them back, i have to hurry though because it’s Rachel birthday on saturday, i heard mike was going too, i’m not sure what im going to wear yet, maybe i’ll wear my floral dress…I can’t decide!!!”
