Unfortunately we are in a world where people spend a lot of time arguing
about the law, and not enough about justice. If the guy proves it wasn't
him. It is only right that he get his damn computer back. Far too much
energy goes into finding a way of doing things within the construct of our
current set of laws, statutes etc. so that we can maintain the process. If
the law is unjust, it is a just person's duty to break that law. If a person
is innocent, it shouldn't be necessary for him to "seek counsel" and
challenge the seizure of his equipment.
Conversely, the rest of us commentators have no proof whatsoever that the
fellow in question WAS framed other than his own testimony. I'm not trying
to discount the poster's credibility, but really, we are all up in arms over
something we really know hardly anything about. I'm not accusing anyone of
anything, just trying to show that we aren't really being objective here.
> -----Original Message-----
> From: Phredde [mailto:[EMAIL PROTECTED]]
> Sent: Wednesday, June 28, 2000 10:25 PM
> To: [EMAIL PROTECTED]
> Subject: Re: I've Been Framed
>
>
> I trust that those of you pronouncing the law concerning
> forfeiture are
> attorneys, licenses in your jurisdictions in good standing.
> If so, then one
> might want to review, merely as a starting point, the Fifth
> Amendment to the
> United States Constitution (i.e., the "due process clause,"
> which does not
> prohibit the taking of private property, but merely requires that the
> government provide due process when doing so.) Once one has
> the basics of
> the 5th clearly in mind, a review of the pertinent federal
> due process/
> takings case authorities would be in order, followed by a
> similar review of
> the parallel authorities under your state's constitutional
> and statutory
> law. At that point, and after becoming similarly well versed in the
> substantive and procedural laws concerning forfeiture, one
> *might* be quite
> eager to retract statements such as that below, and thereby keep one's
> license in good standing should one be called upon to defend
> a forfeiture
> action on behalf of a client.
>
> On the other hand, if you are not attorneys, perhaps one
> should hesitate a
> bit before making grand sweeping statements regarding the law, just as
> newbie programmers should hesitate to state authoritatively
> the nuances of
> C++ syntax.
>
> End of rant. On a more constructive note:
>
> The original poster should secure legal advice - from an attorney
> experienced in the criminal law and forteiture matters -
> ASAP. Forfeiture
> actions typically are civil suits, which require a formal
> answer to the
> court within a limited time in order to preserve legal rights
> or status.
> However, because the possibility of a formal criminal action
> is possible,
> missteps in the civil action could have dire consequences in
> any criminal
> case. Think of it as the legal version of wearing snowshoes through a
> minefield. Bottom line: Nikki is so very right -- seek
> competent legal
> counsel. Now. If things go well, your attorney might be
> able to provide
> compelling proof of your innocence, or at least of the lack
> of credible
> evidence of guilt. Perhaps even before formal charges are leveled.
>
> Good luck !
>
>
> ----- Original Message -----
> From: Burke, Thomas G. <[EMAIL PROTECTED]>
> To: <[EMAIL PROTECTED]>
> Sent: Wednesday, June 28, 2000 2:15 PM
> Subject: RE: I've Been Framed
>
>
> > And the wonderful part of the forfieture law is that it's
> unconstitutional
> > ...
> >
> <snip>
>
>
>
>
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