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Thread: The charges have been dropped!

  1. #1
    Regular Member Reverend BCal's Avatar
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    The charges have been dropped!

    My attorney just informed me that after filing the appeal for my bogus HyVee/OC related charges he had a lengthy conversation with the prosecuting attorney. The prosecutor apparantly spoke with HyVee corporate/store manager and they decided that they don't want to "exclude anyone from shopping in the store." As well, the prosecutor decided that the events leading up to the disorderly charges were unclear enough that she does not want to pursue the issue further. Translation: I was right, they know they were wrong and they don't want to drag this out because I ponied up for an attorney. This type of justice sickens and infuriates me, but I'm so happy that this issue has been resolved! Freedom costs a little more than a buck 'o nine :-) Thank you for the support and the suggestions! Couldn't have done it without you all!!! Carry on!
    "Before all else, be armed." -Nicolo Machiavelli

  2. #2
    Regular Member OC for ME's Avatar
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    Great news....so, what next?
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Regular Member Polynikes's Avatar
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    Might I suggest that you and your attorney...uh...educate them through legal avenues in order ensure their actions are not repeated with any other individuals.

    Dropped charges means they are likely running scared and hoping the whole thing just goes away.
    "Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it." - Judge Learned Hand

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    Regular Member Reverend BCal's Avatar
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    Well, I haven't discussed the particulars with my attorney quite yet, but I have considered following "suit." Heh heh heh. I'll see how he feels about it next time we talk. I'm just excited that this isn't sitting on my shoulders anymore. I'm still worried about asserting my rights in St. Joseph because I'm not sure if this will keep me out of silver bracelets in the future. I can't let this hold me back, though I'm torn about how to approach the situation if it arises again.
    Last edited by Reverend BCal; 01-26-2012 at 01:43 PM. Reason: DYAC :-)
    "Before all else, be armed." -Nicolo Machiavelli

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    Regular Member OC for ME's Avatar
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    It is unlikely that you will receive similar treatment in the future for conducting yourself in a similar, and lawful, manner. They already got 'trained' by the PA concerning you. Other folks? Well, who knows.

    I would not wait to long on going forward to gain redress of wrongs perpetrated at the hands of under-trained state agents. Strike while the iron is hot....so to speak. Always use lots of name, the more names listed as defendants the more urgent the training seems to be, and the more puckering of back-sides the local bureaucrats experience when faced with a potential large pay-out at tax payer expense.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Quote Originally Posted by Reverend BCal View Post
    I'm just excited that this isn't sitting on my shoulders anymore. I'm still worried about asserting my rights in St. Joseph because I'm not sure if this will keep me out of silver bracelets in the future.
    Glad to hear it and it might sound really stupid, but thank you for taking a lump for us, it helps the cause in a real F'ed up way sir.

    I am very glad you lawyered up and it was effective.

    All things considered, they should take the fine imposed upon you out of the cops and prosecutor's paychecks and put it into an educational fund for your kids. That I wouldconsider a good use of tax dollars.
    John C. Eastman Associate Dean of Chapman University’s School of Law "the Second Amendment, like its sister amendments, does not confer a right but rather recognizes a natural right inherent in our humanity."

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    Regular Member sawah's Avatar
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    THREATEN to sue for various things. Slander, false arrest, sleepless nights, impotency, hair loss?
    A firearm is a tool of convenience, not effectiveness - Clint Smith, Thunder Ranch

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    Campaign Veteran deepdiver's Avatar
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    Very happy to hear that your atty was able to correct this matter for you - well, correct it in so far as removing this mark on your record and perhaps by extension giving a bit of education to the local LEO. Fighting these "minor" encroachments on our rights add up to being a big deal over time. Good job in making the commitment to defending yourself through the legal system.

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    Regular Member mspgunner's Avatar
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    Quote Originally Posted by sawah View Post
    THREATEN to sue for various things. Slander, false arrest, sleepless nights, impotency, hair loss?
    Especially "impotency" , just see if they can get the evidence to stand up in court!
    If so I want to get charged down there as well!
    If you pull it, you use it. If you pull it and you don't use it, you've done some thing wrong and you might not get another chance. Think about it before you pack it!
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    Regular Member OC for ME's Avatar
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    ....impotency?....stand up?....
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Glad to hear things worked out in your favor. Thanks for standing up to them rather than taking a plea deal.
    Last edited by Citizen; 01-26-2012 at 07:33 PM.

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    I'm glad to hear it was dropped. I think you have a case to at the very least to get your attorney fees back.

  13. #13
    Campaign Veteran deepdiver's Avatar
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    Quote Originally Posted by OC for ME View Post
    ....impotency?....stand up?....
    LOL. Yeah, I was just getting ready to comment with a "I see what you did there."

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    Campaign Veteran Verd's Avatar
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    Hate how "justice" relies on money in nearly every way. No money, no justice.

    Still, glad the charges were dropped and here's to hoping that you sue them for what they did.
    One loves to possess arms, though they hope never to have occasion for them. Thomas Jefferson to George Washington, 1796.
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    Regular Member G30Mike's Avatar
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    Sweet brother! You pursuing this gives me that much more confidence in carrying around town. Like everyone else said, go to the next level with them. The Gestapo sure didn't stop at the first level, why should you? I hope you get a good settlement...use some of the money to buy some .223 and lets go blast some rounds out of the AR at the range in celebration, haha!!!!
    "Ever notice once in a while you come across somebody you shouldn't have f***ed with......That's me." -Clint Eastwood "Gran Torino"

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    Congratulations! Glad they dropped the charges. It did happen in a VERY unusual way. So they had a conviction and then just decided to vacate that conviction? I would make sure the charges were are dropped in the files. Being someone who has seen several municipalities in Missouri screw up paperwork, I can tell you, it is likely there is paperwork that says you are guilty of this crime and that is it. It may cause you no troubles, but then again it could if you got another charge or even tried to get another job. I would at least go talk to the court clerk and see where her computer says the case stands.

    I get delayed every firearm purchase because of the way charges were "dropped" by the grand jury back in 2005 without any real paper trail. Even when I got arrested in Maplewood for the open carry thing, the cops checked to see what exactly the status as of those charges were because the computer records act like they are just still pending from 7 years ago.

    If I were you, I would certainly put the chief policy makers of the city (should be the city council there) on notice. I have discussed it before, but it is a necessary requirement to tie liability to the city in a future, similar incident, otherwise they have immunity.

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    Regular Member MKEgal's Avatar
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    Quote Originally Posted by Reverend BCal
    Well, I haven't discussed the particulars with my attorney quite yet, but I have considered following "suit."
    ... I'm still worried about asserting my rights in St. Joseph because I'm not sure if this will keep me out of silver bracelets in the future.
    So the gov't officials were (at least a little bit) successful in scaring you away from exercising your rights,
    & that's a federal crime.

    Quote Originally Posted by Verd
    Hate how "justice" relies on money in nearly every way. No money, no justice.
    +1
    OTOH, often once justice is done (the offending gov't entity gets spanked) the money flows in the correct direction. Still never makes up for whatever they did wrong.
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  18. #18
    Regular Member Redbaron007's Avatar
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    Congrats Rev!!

    Hope you can get enough on the counter suit to help them in the edjucational process; plus some, to put gas in your vehicle and buy some ammo!!

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    Regular Member RPGamingGirl's Avatar
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    Sucks you had to play the game, but glad you won!

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    Quote Originally Posted by Reverend BCal View Post
    My attorney just informed me that after filing the appeal for my bogus HyVee/OC related charges he had a lengthy conversation with the prosecuting attorney. The prosecutor apparantly spoke with HyVee corporate/store manager and they decided that they don't want to "exclude anyone from shopping in the store." As well, the prosecutor decided that the events leading up to the disorderly charges were unclear enough that she does not want to pursue the issue further. Translation: I was right, they know they were wrong and they don't want to drag this out because I ponied up for an attorney. This type of justice sickens and infuriates me, but I'm so happy that this issue has been resolved! Freedom costs a little more than a buck 'o nine :-) Thank you for the support and the suggestions! Couldn't have done it without you all!!! Carry on!
    If you would be so kind....

    Would you post up the official cause for the Disorderly Conduct charge? If there is a particular statute or municipal code they used to hit you with the DC charge, please post that up.

    I'm with others on this, especially OC for ME...don't wait. Get a suit filed pronto! If your name made it into the media or on the web in regards to this then the damage is practically irreversible. If you wait they'll sweep it under the rug and it will be business as usual.

  21. #21
    Regular Member Big Boy's Avatar
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    Glad you're free of that **** man.

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    Quote Originally Posted by REALteach4u View Post
    If you would be so kind....

    Would you post up the official cause for the Disorderly Conduct charge? If there is a particular statute or municipal code they used to hit you with the DC charge, please post that up.

    I'm with others on this, especially OC for ME...don't wait. Get a suit filed pronto! If your name made it into the media or on the web in regards to this then the damage is practically irreversible. If you wait they'll sweep it under the rug and it will be business as usual.
    Here's our DC section for reference: http://www.stjoemo.info/clerk/chap20.pdf

    Sec. 20-188. Disorderly conduct.

    (a) Definitions. The following words, terms
    and phrases, when used in this section, shall have
    the meanings ascribed to them in this subsection,
    except where the context clearly indicates a
    different meaning:

    (1) Incite a riot means but is not limited to
    urging or instigating other persons to riot,
    but shall not be deemed to mean the mere
    oral or written:
    a. Advocacy of ideas; or
    b. Expression of belief, not involving
    advocacy of any act or acts of
    violence or assertion of the rightness
    of or the right to commit any such
    act.

    (2) Riot means a public disturbance
    involving:
    a. An act of violence by one or more
    persons, part of an assemblage of
    three or more persons, which act shall
    constitute a clear and present danger
    of or shall result in damage or injury
    to the property of any other person or
    to the person of any other individual;
    or
    b. A threat of the commission of an act
    of having, individually or
    collectively, the ability of immediate
    execution of such threat, where the
    performance of the threatened act of
    violence would constitute a clear and
    present danger of or would result in
    damage or injury to the property of
    any other person or to the person of
    any other individual.



    (b) Conduct prohibited. A person shall be
    guilty of disorderly conduct if he wilfully does
    any of the following acts:

    (1) Commits an act in a violent and
    tumultuous manner toward another
    whereby that other is placed in danger of
    his life, limb or health.

    (2) Commits an act in a violent and
    tumultuous manner toward another
    whereby the property of any person is
    placed in danger of being destroyed or
    damaged.

    (3) Causes, provokes or engages in any fight,
    brawl or riotous conduct so as to
    endanger the life, limb, health or property
    of another.

    (4) Interferes with another's pursuit of a
    lawful occupation by acts of violence.

    (5) Obstructs, either singly or together with
    other persons, the flow of vehicular or
    pedestrian traffic in a public way and
    refuses to clear such public way when
    ordered to do so by the city police.

    (6) Resists, by using or threatening the use of
    violence or physical force, the performance of duties by city police or
    any other authorized official of the city,
    when known to be such an official, or
    flees to evade apprehension or arrest from
    city police or any other authorized official
    of the city, when known to be such an
    official.

    (7) Obstructs, either by action or inaction, the
    performance of duties by city police or
    any other authorized official of the city
    when known to be such an official.

    (8) Incites, attempts to incite or is involved in
    attempting to incite a riot.

    (9) Addresses words to any member of the
    city police department, any other
    authorized official of the city who is
    engaged in the lawful performance of his
    duties or any other person when such
    words by their very utterance tend to
    incite violence. Words merely causing
    displeasure, annoyance or resentment are
    not prohibited.

    (10) Damages, befouls or disturbs public
    property or the property of another so as
    to create a hazardous, unhealthy or
    physically offensive condition.

    (11) Makes or causes to be made any loud or
    boisterous noise or disturbance on or in
    any public place whereby the public
    peace is broken or disturbed.

    (12) Fails to obey a lawful order to disperse by
    a police officer, when known to be such
    an official, where one or more persons are
    committing acts of disorderly conduct in
    the immediate vicinity, and the public
    health and safety is imminently
    threatened.
    (c) Exemptions. This section shall not be
    construed to suppress the right to lawful
    assembly, picketing, public speaking or other
    lawful means of expressing public opinion not in
    contravention of other laws.
    (Gen. Ord. No. 879, § 1(16-129), 7-8-91)
    Last edited by chakragod; 02-04-2012 at 03:38 AM.

  23. #23
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    I bet they would say it was this if he were to go to court , even though we all know it's just more BS .

    (7) Obstructs, either by action or inaction, the
    performance of duties by city police or
    any other authorized official of the city
    when known to be such an official.

  24. #24
    Regular Member Reverend BCal's Avatar
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    Quote Originally Posted by Festus_Hagen View Post
    I bet they would say it was this if he were to go to court , even though we all know it's just more BS .

    (7) Obstructs, either by action or inaction, the
    performance of duties by city police or
    any other authorized official of the city
    when known to be such an official.
    That's exactly what I was charged with! Specifically "Obstructing by failure to provide ID"
    "Before all else, be armed." -Nicolo Machiavelli

  25. #25
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    Quote Originally Posted by Reverend BCal View Post
    That's exactly what I was charged with! Specifically "Obstructing by failure to provide ID"
    That's freakin' BS and THEY know it as well. I wish a lawyer would just take this and run with it .

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