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Ignoring the fact that obviously you've got a chip on your shoulder with regard to the judicial system, what the judge was doing makes total sense. They're tryi
by pc86 6y ago
Ignoring the fact that obviously you've got a chip on your shoulder with regard to the judicial system, what the judge was doing makes total sense. They're trying to see if you were actually "field training" your dog or if you just wanted to play fetch. Expecting you to play fetch with a leashed dog is a whole other issue entirely.
> we had a letter from a game warden saying the activities would be acceptable under the law
State laws vary but in mine, Game Wardens have identical powers to any other police officer. They have all the same arrest powers and have state-wide jurisdiction. Assuming it's the same in your state, and assuming you received some sort of citation or arrest that landed you in court in the first place, the judge at best has contradictory information from two equally relevant officers of the court. It's not exactly a slam dunk acquittal.
> The judge also misapplied facts that had nothing to do with the law, such as if we have a license or training on how to train dogs, yet there is no state license nor does the law mention any requirement to be trained (it's customary to self-train). And saying that we didn't have any special equipment with us, which again is nowhere in the law and isn't required.
The judge wasn't trying to determine whether you were following the law, this all goes to - as earlier in the thread - intent. If you just want to play fetch with your dog, you won't have any of this. But if you come loaded to bear with a bunch of training implements, treats, balls, whistles, etc., it's hard to argue that you're just playing fetch and not actually engaged in training. Any licensure or equipment would have supported your case.
> There were other issues and misapplication of law related to rights violations, a motion to dismiss
Almost everyone who has ever appeared in front of a court has claimed their rights were violated to the point where it's practically a meme. It's almost never the case.
> Also, at the lowest level the magistrates aren't even required to be lawyers.
Same in my state - they're elected, and mainly hear traffic infractions, zoning disputes, and very small summary offenses. Thankfully, you can appeal to Common Pleas from a magistrate court for something like $30. But I know some states it can be hundreds for an appeal.
> They can violate rights, misapply law
I mean, there are (again, in my state) censure and impeachment proceedings for magistrates, and while not super common they do happen often enough that it's not a huge scandal or anything. Misapplication of law is exactly what the appeals process is for.
> even yell at you
My goodness!
> There's zero accountability for the police, DA's office, and the courts.
Simply not true.
> We witnessed multiple rights violations, documented lies, and gross misapplication of law, but nobody cares.
What's more likely? 1. Every police officer, attorney, and court house, as well as every politician and all the media, doesn't care about widespread systemic violations of basic rights, documented wrongdoing, and misapplication of the law. 2. You're misinformed about the law.
- giantg2 6y ago"Almost everyone who has ever appeared in front of a court has claimed their rights were violated to the point where it's practically a meme. It's almost never the case." A trooper knowingly held an incorrect charge, resulting in pretrial restrictions specific to that charge. It's a violation of of both the federal and state constitution to deprive anyone of liberty or property except by the law of the land, and there's nothing in the law allowing one to knowingly hold an incorrect charge. The ADA on the case had this information too and allowed the charge to continue - a violation of the Bar's professional standards. The trooper eventually amended the charge, but lied to the judge, saying it was out of leniency when I even have an IAD report saying it was because he had an incorrect charge and knew it. But they determined it was just a "misunderstanding". Even the rules of criminal procedure prohibits the amending of the charge at that point due to the circumstances. "Misapplication of law is exactly what the appeals process is for." That may be, but I think it's negligence to put an unknowlegable person in a position of power like that. States have laws about those practicing law needing to have a degree and pass the Bar, yet they don't care if a judge understands basic legal terminology. How dumb does one have to be to think that a request to dismiss with prejudice is the person calling you prejudiced? This system design flaw results in delays and costs to innocent people, not to mention undermining the integrity of the system. I'm my state the filing fee for an appeal is non-refundable, so you can be "fined" just to get a trial with a real judge even if you're innocent. "What's more likely? 1. Every police officer, attorney, and court house, as well as every politician and all the media, doesn't care about widespread systemic violations of basic rights, documented wrongdoing, and misapplication of the law. 2. You're misinformed about the law." Considering that an investigative journalist is pitching this story to their editor, that a civil rights lawyer says we have a case but the system doesn't view it favorably unless there's a lot of money involved, and that the statutes and case law supports my interpretation, then I'm leaning towards #1 (but your choices are flawed due to the use of absolutes. It should say that the system will protect the bad members as a means of protecting itself and because they don't want to deal with issues they see to be small). "'even yell at you' My goodness!" That is a violation of judicial ethics and conduct... "'There's zero accountability for the police, DA's office, and the courts.' Simply not true." This case seems to demonstrate a lack of accountability.