Stacked Deck Tricks: Hearing Dates. by FREMDFIRMA

REAL WORLD EVENT DISCUSSIONS

Stacked Deck Tricks: Hearing Dates.

POSTED BY: FREMDFIRMA
UPDATED: Thursday, October 4, 2012 13:01
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Wednesday, October 3, 2012 8:03 AM

I mention the stacked deck of the justice system often enough, but I wanted to highlight and discuss a key practice of it, and while this incident as a whole is pretty indicative, I wanted to focus on a particular dirty trick which is all too common to dealing with any bastion of State power, but especially galling when pulled in a legal context.

Bamboozled: Red-light camera error leads to road of exasperation in Edison
http://www.nj.com/business/index.ssf/2012/10/bamboozled_red_light_came
ra_er.html

Quote:
Lauren Morosoff received a summons in the mail on Sept. 20. The notification, postmarked Sept. 19, said her court date was set for that same day -- Sept. 19

^^^^
THIS!

This right here - it's a VERY common trick, I can tell you for a fact Medicare and Citibank play this game, one really fell way they go about it is to put it in the mail (somewhere with no Saturday pickup) on Friday after pickup and time mark it as "sent" - which means the clock starts ticking, and you often do not get it till Tues-Wed, which doesn't leave a hell of a lot of time to gather whatever paperwork and send it back before a 3-5 day deadline, the last legal brouha I had with one of my care providers saw me using a verified fax in the main office with two signatory witnesses with 15 MINUTES remaining thanks to this bullshit.

But again, far worse when the so-called "Justice" system does this - cause no matter how obviously fake, how ridiculously bogus or contrived the actual supposed charges are, a Failure-To-Appear bags up a bench warrant, which is issued immediately without question and without ANY REGARD TO THE VALIDITY OF THE ORIGINAL CHARGE.
http://en.wikipedia.org/wiki/Arrest_warrant#United_States
(Subcategory: Bench Warrant)

And of course once you are in their custody they can squeeze you, denying bail, setting ridiculous amounts of it, endless postponing to cost you home, job, relationships, maxing your expenses, all the while offering you a plea - a form of veritable extortion which makes a mockery of due process of law known as a "Bleed em and Plead em" gambit, and well known, often used, by prosecutors.
(Also depending on the crime and publiclity, it can include leaking info to the media to demonize the plaintiff.)

And yes, that has been pulled on me, personally - by a podunk town in Indiana courtesy of the angry mother of a chick who came to me invoking sanctuary rights(religious) and in response to her going back and (foolishly) trying to make a peace offer wound up with her mother having her drinking buddy judge charge us BOTH with a laundry list of garbage including Felony Battery...
Said chick was her mothers favorite punching bag for a long time, and when the mother took a swing at her she failed to account that the chick had been in my care for several months, and thus got knocked on her ass while said chick got the hell out of dodge.
And yet they charged *ME* with this shit, despite that I was in Farmington MI at the time with about thirty witnesses - wasn't gonna fly, right ?

She, again foolishly, tried to "discuss" it with them and was told not to bring a lawyer to the hearing or they would arrest said lawyer on the spot, and when the notice of hearing arrived it had the original date scratched out and a new date (three days before) PENCILED IN beside it.
Yeah, go stick our heads in the mouth of a small towns OBVIOUSLY corrupt court system, oh hell no.

Credit where it's due, Michigan refused to play along because there was no medical report to support the charge of Felony Battery (which must involve risk of death/dismemberment) and then when Indiana resubmitted the same warrant at lesser charges the whole thing "smelled fishy" to them and so when advised of the bench warrant resulting from same they laughed it off, but that coulda gone badly.

There's also the less common trick of sending the WRONG hearing date - this is used in most cases where they think the person they want to run down might stand some chance of effectively defending themselves by virtue of arms, legal representation or popular support, and thus they send them a notice bearing one date and actually schedule the hearing/court for another, earlier one.
This allows them to mousetrap the victim at the metal detector after ensuring they're as defenseless as possible, in a controlled environment where they can hand out a beatdown without pesky media interference by calling a lockdown and chasing them off.

Always, ALWAYS check and doublecheck the hearing date - cross match with online or direct contact, and if there's any discrepency IMMEDIATELY contact a lawyer, ditch that cellphone and find somewhere else to be till you can get it sorted.

-Frem

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Wednesday, October 3, 2012 8:54 AM

BYTEMITE

Quote:
Always, ALWAYS check and doublecheck the hearing date - cross match with online or direct contact, and if there's any discrepency IMMEDIATELY contact a lawyer, ditch that cellphone and find somewhere else to be till you can get it sorted.

Good advice.

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Thursday, October 4, 2012 11:02 AM

CANTTAKESKY

Quote:
Originally posted by FREMDFIRMA:
This right here - it's a VERY common trick,

None of its abuses are new, but it seems to me that the govt just gets more and more brazen with each passing year.

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Thursday, October 4, 2012 12:56 PM

FREMDFIRMA

Ain't just the Government though - Citibank is NOTORIOUS for this kinda chicanery in regards to payment dates and foreclosure paperwork, particularly if the home in question is worth more than the debt currently owed on it, they'll do ANYTHING to try to foreclose.

Changing the payment by a tiny amount, refusing payment cause it isn't exact - bang, foreclosure.
Changing the payment date, and ensuring that any notice of this arrives after that date, missed payment - bang, foreclosure.
That kinda gamesmanship is all too common, alas.

But the scale of disaster when the Gov and so-called "justice" system does this is another ball of wax entire, since a bank or healthcare provider isn't gonna send a pack of fuckin swat goons to your house over it, usually.

Yanno, on that note - notice how when responding to a mass shooting, hostage issue, or any of the stuff they're SUPPOSED TO EXIST to handle, the Swat guys corrall the victims for the perps convenience and then bunker down and hide... but when it's an obviously unarmed and unthreatening "perp" on a warrant service its hoo-rah, bang-a-rang and stormtrooper city ?
Fekkin bullies and cowards, the lot of em.

-Frem

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Thursday, October 4, 2012 1:01 PM

CANTTAKESKY

Quote:
Originally posted by FREMDFIRMA:
Ain't just the Government though - Citibank is NOTORIOUS for this kinda chicanery

Corporations have always been brazen shitheels. Govt though is supposed to put up a we're-here-for-the-people front. It seems like they've gotten increasingly lazy about the disguise. Like they're saying, "WTF, everyone already knows we're the butt puppet of money, might as well fuck people in the open."

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