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Public defender arrested for simply representing her client ... cops don't know squat

SovereigntyOrDeath

Regular Member
Joined
Dec 15, 2014
Messages
411
Location
Coeur D Alene, Idaho
I see nothing illegal or any wrong doing done by the Storm Troopers. This is the PRK, (Peoples Republic of Kalifornia) and its not part of the United States anymore. When visiting or living in the PRK, realize that you have no rights, for you are a subject, and at the mercy of the state machine. So welcome to Kali, eyes foward, no talking, and enjoy your stay.:cool:


So True! That's why I sought political asylum in Idaho.......:cool:
 

Freedom1Man

Regular Member
Joined
Jan 14, 2012
Messages
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Greater Eastside Washington
Much recognized distinction - one who studies law is a lawyer, one who accepts money for the counsel is an attorney.

Scholarly is in the eyes of the beholder.

Nice thing is that you cannot be required to have a license to accept money for being a legal counsel .

The practice of Law CAN NOT be licensed by any state/State. (Schware v. Board of Examiners, 353 U.S. 238, 239)
The practice of Law is AN OCCUPATION OF COMMON RIGHT! (Sims v. Aherns, 271 S.W. 720 (1925))
 

OC for ME

Regular Member
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Messages
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White Oak Plantation
Practicing Law Without a License

Like many other professionals, attorneys must have a license before they can practice law in any state. While license requirements differ slightly from state to state, all states make it illegal to engage in the practice of law without first obtaining a license. Anyone engaged in the practice of law without a license commits a criminal act.

http://www.criminaldefenselawyer.com/resources/practicing-law-without-a-license.htm
And;
Faretta v. California, 422 U.S. 806 (1975)

The Sixth Amendment as made applicable to the States by the Fourteenth guarantees that a defendant in a state criminal trial has an independent constitutional right of self-representation and that he may proceed to defend himself without counsel when he voluntarily and intelligently elects to do so, and, in this case, the state courts erred in forcing petitioner against his will to accept a state-appointed public defender and in denying his request to conduct his own defense.

https://supreme.justia.com/cases/federal/us/422/806/case.html
There ya go.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
Sure. Go ahead and tell the guild that you can and will open up shop without joining and paying dues.

Makes turning down the offer to pay money to make sure somebody does not come in and beat your kneecaps just before wrecking/burning down your place look like a kiddie party with a pony ride.

A state Attorney General was addressing a conference of folks who dealt with investigating and resolving state prison inmates' complaints about rights violations. Someone asked if there was anything that woud prevent them from advising an inmate to sue for violation of rights, as in "Wouldn't that be practicing law without a license?" The answer was that "practicing law involves the acceptance of something of value (money or goods) in exchange for expressing an opinion about what the law means or how a law might be applied to a specific set of circumstances. Both by policy and law you are prohibited from accepting anything from your client in return or in reward for your service to them."

Other attorneys and a bunch of judges have historically disagreed with his thoughts. And it all boils down to someone not admitted to the guild doing things the guild has announced only guild members can do.

I often remark that there are a lot of lawyers that I admire, and some attorneys too.

But back to the OP issue - being a devious person I can see a good reason for the public defender failing to do everything possible to protect her clients. Sets up a wonderful 6th Amendment appeal that will have to address the character of the behavior of the cops.

stay safe.
 

Grapeshot

Legendary Warrior
Joined
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Messages
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Location
Valhalla
An attorney-in-fact agent requires only a power of attorney contract.

Wisc. Stats. CHAPTER 244 UNIFORM POWER OF ATTORNEY FOR FINANCES AND PROPERTY
§ 244.02  Definitions. In this chapter:
(1) "Agent" means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise.
Nothing of value offered, requested or exchanged.

Power of "Attorney" is not dissimilar to pro se - speaking for oneself.

"For one's own behalf; in person. Appearing for oneself, as in the case of one who does not retain a lawyer and appears for himself or herself in court." http://legal-dictionary.thefreedictionary.com/Pro+Se
 

marshaul

Campaign Veteran
Joined
Aug 13, 2007
Messages
11,188
Location
Fairfax County, Virginia
primus, can you explain this charge please?

No, but I can:

148. (a) (1) Every person who willfully resists, delays, or
obstructs any public officer, peace officer, or an emergency medical
technician, as defined in Division 2.5 (commencing with Section 1797)
of the Health and Safety Code, in the discharge or attempt to
discharge any duty of his or her office or employment, when no other
punishment is prescribed, shall be punished by a fine not exceeding
one thousand dollars ($1,000), or by imprisonment in a county jail
not to exceed one year, or by both that fine and imprisonment.

That is to say, in California, the "resisting arrest" statute covers obstruction and other sorts of citizenly behavior.
 
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Freedom1Man

Regular Member
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Greater Eastside Washington
"A person who is legally qualified and licensed to represent a person in a legal matter, such as a transaction or lawsuit."
http://www.thefreedictionary.com/Legal+counsel

And;There ya go.


So, why does no state even issue such a license and the high court has said that there can be no license?

I got done citing 2 court rulings and then 1 of you cites a common dictionary and the other cannot cite any law issuing a license.

[video=youtube_share;EOs4cDlcBkY]http://youtu.be/EOs4cDlcBkY[/video]
The "STATE BAR" CARD IS NOT A LICENSE!!! It is a "UNION DUES CARD". The "BAR" is a "PROFESSIONAL ASSOCIATION";
1. like the Actors' Union, Painters' Union, etc.
2. No other association, EVEN DOCTORS, issue their own license. ALL ARE ISSUED BY THE STATE.
3. The State Bar is a NON-GOVERNMENTAL PRIVATE ASSOCIATION - and dues must be current to sustain membership.

"The practice of Law is an occupation of common right." Sims v. Ahrens, 271 S.W. 720 (1925)

Now, since you are both claiming that you cannot practice law without a license.

You both, per forum rules, have to cite the law that issues a license to practice law. Also keep in mind the separation of powers. Only the executive branch can issue a license. Start with your own states.

I know that there is no such law that issues a license to practice law that can be found in Washington and Texas.
 

Freedom1Man

Regular Member
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Messages
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Greater Eastside Washington
We are talking semantics here - indeed when is a license a license? When the court says it is and penalizes somebody for not having one.

http://www.vsb.org/pro-guidelines/i...ctice-of-law-in-the-commonwealth-of-virginia/

FYI Law IS semantics.

Then the court is violating the law. The court is acting in an unlawful manor. There is no surprise there.

http://www.amazon.com/Kicking-Dragon-Confessions-Tax-Heretic/dp/0977783421
Much like the famous Schiff trial, where the judge was quoted as stating "... I will not allow the law in my court!...", Larken was set up to loose from day one.

You're still not citing any law issuing a license. I have cited court cases stating that their cannot be any such license.
 
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Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
FYI Law IS semantics.

Then the court is violating the law. The court is acting in an unlawful manor. There is no surprise there.

You're still not citing any law issuing a license. I have cited court cases stating that their cannot be any such license.
You may think the manor (sic) unlawful, but it is their manor, their castle to keep.

Plenty of law referring to legal requirements:
http://www.americanbar.org/content/...model-def/model_def_statutes.authcheckdam.pdf
 

OC for ME

Regular Member
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Messages
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White Oak Plantation
FYI Law IS semantics.

Then the court is violating the law. The court is acting in an unlawful manor. There is no surprise there.

You're still not citing any law issuing a license. I have cited court cases stating that their cannot be any such license.
This is all I know.
To practice law in Missouri, one must be licensed to do so. There currently are more than 28,000 attorneys licensed in Missouri. Each year, more than 1,000 people apply to become licensed as attorneys in Missouri, making them members of The Missouri Bar. The Supreme Court of Missouri regulates admission to the bar.

http://www.courts.mo.gov/page.jsp?id=379
On another note, those cases you "cite" are mostly "self representation" cases. No law against that. I'm a little fuzzy on what the judge would say if I represent you for free. I'm confident I know what he'll do if you pay me to represent you...at least in MO.

But, you are on a roll...
 

deepdiver

Campaign Veteran
Joined
Apr 2, 2007
Messages
5,820
Location
Southeast, Missouri, USA
This is all I know.On another note, those cases you "cite" are mostly "self representation" cases. No law against that. I'm a little fuzzy on what the judge would say if I represent you for free. I'm confident I know what he'll do if you pay me to represent you...at least in MO.

But, you are on a roll...
Missouri is one of the worst states in the Union for obtaining the "right" to practice law. The price of admission is steep but the ability required, beyond time and money, is minimal.
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,948
Location
Cincinnati, Ohio, USA
Much recognized distinction - one who studies law is a lawyer, one who accepts money for the counsel is an attorney.

Scholarly is in the eyes of the beholder.
+1

"Lawyer" A person learned in the law. Attorneys like to believe that they are lawyers. Attorneys and judges try to tell the world that they are lawyers, but no attorney and judge (as well as cops) has ever demonstrated to me that they have any understanding of the law.

There is only one person that can represent the United states before the U.S. Supreme court. And it ain't an attorney.....
 

color of law

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Joined
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Messages
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Location
Cincinnati, Ohio, USA
Preparing documents on another's behalf. Choosing what legal documents a person should create, assisting others in creating those documents, or preparing them on another person's behalf is also considered the unauthorized practice of law. However, some states allow for non-attorney document preparation services, though these are recognized in only a handful of states.
And that my friend is a violation of my First Amendment right.
 

Freedom1Man

Regular Member
Joined
Jan 14, 2012
Messages
4,462
Location
Greater Eastside Washington
This is all I know.On another note, those cases you "cite" are mostly "self representation" cases. No law against that. I'm a little fuzzy on what the judge would say if I represent you for free. I'm confident I know what he'll do if you pay me to represent you...at least in MO.

But, you are on a roll...

So, cite the law issuing a license. If there is really a law then you can cite it to back up your claim.

You did not even cite the law.

Also mostly is not only or all.

If the state does not issue a license then the law requiring a license is null and void.
 

Freedom1Man

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Greater Eastside Washington
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