diver.net |
Re: Re: Re: Case Closed |
Posted by Dave on November 04, 2005 at 15:55:36: In Reply to: Re: Re: Case Closed posted by Second Fiddle on November 04, 2005 at 13:38:16: DFG telling you that he HAS to cahrge someone with a crime via writing a misdemeanor citation is a typical lie cops are taught during their probabtion period. Not only can all sworn peace officers later revoke a citation, but if they start writing it and change their mind halfway, they can cancel it, no matter how convincingly they lie. The burden of proof rests upon the prosecution to prove who owned the bag. That is almost impossible. I would just laugh if they gave me that cite.....then I would ignore sucvh unlawful harassment it, let it go to warrant, then move to dismiss both charges under the authority of Penal Code S 1382 and People v Serna, a motion I have a 100% success rate in doing.
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