Current Events > Did the prosecutor in my case violate the 5th amendment by charging me?

(+) Yeah! (+)

8 months of charges were made with an information document where I was charged by the prosecutor. Thing is they then recharged me so now I have 2 open cases, with 2 different case numbers, and two different first appearances. My laptop has been held without warrant for almost 9 months for charges unrelated to any allegations dealing with said laptop.

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of lawnor shall private property be taken for public use, without just compensation."
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Here we go
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Dude why aren't you in jail
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https://www.youtube.com/watch?v=b1z4JfxFb6c
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WhinyZach posted...

do you have no where else to talk about this shit? Like go on reddit or something.

I don't know how to use reddit properly. I had my account shadowbanned for like a year and had no clue. I just figured everyone was ignoring me. I got it out but still don't understand it.
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Blue_Dream87 posted...

Dude why aren't you in jail

Why would I be?
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Did they have a warrant for the laptop?

Also was it after the judge ordered you not to post your legal shit online?
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Dude take my advise. lay low and stay away from the lime light. Focus on more important things like career and family.
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You authoritarian terrorist!
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Here is an e-mail I sent the police chief, internal affairs, the captain, etc. and cc'ed to the ACLU, my attorney, and the Maryland attorney general.


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You need help
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The Grand Jury part of the fifth amendment only applies to Federal courts not State courts. Unless you are being charged by a Federal prosecutor it doesn't matter. What is their reason for keeping your laptop?

JE19426 posted...

What is their reason for keeping your laptop?

Stupidity? I am charged with interception of a wire communication. First time around I was charged with interception of an electronic communication. The intercepting device has been alleged to be my cellphone, not my laptop.
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Cpt_Pineapple posted...

https://www.youtube.com/watch?v=dnMdI_NiZvA

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JE19426 posted...

The Grand Jury part of the fifth amendment only applies to Federal courts not State courts. Unless you are being charged by a Federal prosecutor it doesn't matter. What is their reason for keeping your laptop?

it does when it's wiretapping because the state eavesdropping act was modeled after the federal one. Most decisions in federal court dealing with wiretapping are "in pari materia". Federal decisions will be cited as no one in the history of the state of Maryland has ever been successfully prosecuted for recording their own phone calls. Precedent set by federal law requires a grand jury indictment.
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DawkinsNumber4 posted...

it does when it's wiretapping because the state eavesdropping act was modeled after the federal one.

Why would that matter?

Duke v. United States - Prosecution may proceed on misdemeanor charges.
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Life Sympathy posted...

Duke v. United States - Prosecution may proceed on misdemeanor charges.

There are no misdemeanor charges. These are all felonies.
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These people arent getting paid enough.
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Life Sympathy posted...

Duke v. United States - Prosecution may proceed on misdemeanor charges.

They gonna put up their Dukes.
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You should probably ask your lawyer about the cops holding your laptop with no warrant. He or she would likely have a very good idea as to what is the proper procedure in this case and what you can do to expedite its return.
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just play the race card if you can
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CapnMuffin posted...

These people arent getting paid enough.

They get paid 40,000-70,000 a year. I know because I sat in on the city council meeting where they gave them a raise a few months back.
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The more you fight, the more it will hurt.
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StucklnMyPants posted...

You should probably ask your lawyer about the cops holding your laptop with no warrant. He or she would likely have a very good idea as to what is the proper procedure in this case and what you can do to expedite its return.

he pretty much agrees that the prosecutor is a moron and that we shouldn't try to cite conflict of interest because we would surely get a better prosecutor if they dismissed this one.
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Dustin "The Armchair Lawyer" Cavanaugh
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UnfairRepresent posted...

Cpt_Pineapple posted...

https://www.youtube.com/watch?v=dnMdI_NiZvA

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Akagami_Shanks posted...

Dustin "The Armchair Lawyer" Cavanaugh

Don't be mad because you don't have the courage for fight for the citizenry.
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DawkinsNumber4 posted...

8 months of charges were made with an information document where I was charged by the prosecutor. Thing is they then recharged me so now I have 2 open cases, with 2 different case numbers, and two different first appearances. My laptop has been held without warrant for almost 9 months for charges unrelated to any allegations dealing with said laptop.

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of lawnor shall private property be taken for public use, without just compensation."

Dunno why you didn't answer me, but no, it's not a violation. You've been indicted on many things by now.
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How have you not realized yet that it's stupid as FUCK to be abrasive like in that email? You're just giving these people even more of a reason to come after you, and reducing the possibility of getting a little slack.

I know you're upset with how they are handling your situation, but you can let your extreme displeasure be known while still being relatively polite. Calling people idiots and implying they are likely to lose their jobs shortly is only hurting you and your cause.

It's mindblowing that you haven't learned this simple fucking lesson yet.
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Life Sympathy posted...

Duke v. United States - Prosecution may proceed on misdemeanor charges.

All 7 charges are felonies and there are no misdemeanors to drop them to. Case search shows both cases open. I even had to re-apply for a new public defender when I got re-charged by Grand Jury indictment back in early October. You all know first hand I was originally charged many months ago then 8 months passed and they recharged me by Grand Jury indictment but they did not get rid of the original charges. Both are still shown as open and active. I believe he will break literally 3/4 of the 5th amendment when that case takes place.
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ClunkerSlim posted...

DawkinsNumber4 posted...

Akagami_Shanks posted...

Dustin "The Armchair Lawyer" Cavanaugh

Don't be mad because you don't have the courage for fight for the citizenry.

I thought you were fighting for a laptop?

*smh*
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ClunkerSlim posted...

Did you idiots forget what you do and who pays your salaries?

Something tells me that laptop is getting lost in a clerical error sometime soon.

Then I can just file a replevin and detinue.
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DawkinsNumber4 posted...

Here is an e-mail I sent the police chief, internal affairs, the captain, etc. and cc'ed to the ACLU, my attorney, and the Maryland attorney general.

Do you expect positive results from this email?
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DawkinsNumber4 posted...

CapnMuffin posted...

These people arent getting paid enough.

They get paid 40,000-70,000 a year. I know because I sat in on the city council meeting where they gave them a raise a few months back.

They aren't being paid enough.
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Evthean posted...

DawkinsNumber4 posted...

Here is an e-mail I sent the police chief, internal affairs, the captain, etc. and cc'ed to the ACLU, my attorney, and the Maryland attorney general.

Do you expect positive results from this email?

They know they are wrong. Anyways this police force does NOT give positive results. It really makes no difference apparently.
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DawkinsNumber4 posted...

I don't know how to use reddit properly. I had my account shadowbanned for like a year and had no clue. I just figured everyone was ignoring me. I got it out but still don't understand it.

The fact that you kept trying with this shit for over a year is fucking disturbing and also works against the argument that shitposters and trolls would go away if we ignored them.
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Go_Totodile posted...

DawkinsNumber4 posted...

I don't know how to use reddit properly. I had my account shadowbanned for like a year and had no clue. I just figured everyone was ignoring me. I got it out but still don't understand it.

The fact that you kept trying with this shit for over a year is fucking disturbing and also works against the argument that shitposters and trolls would go away if we ignored them.

I tried to post on reddit maybe 5 or 6 times. You make it act like I freaking spent my waking days there or something.
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DawkinsNumber4 posted...

StucklnMyPants posted...

You should probably ask your lawyer about the cops holding your laptop with no warrant. He or she would likely have a very good idea as to what is the proper procedure in this case and what you can do to expedite its return.

he pretty much agrees that the prosecutor is a moron and that we shouldn't try to cite conflict of interest because we would surely get a better prosecutor if they dismissed this one.

I guess you'll just have to stick it out then, until your case gets resolved. Have you talked about any potential recourse with your lawyer?
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StucklnMyPants posted...

DawkinsNumber4 posted...

StucklnMyPants posted...

You should probably ask your lawyer about the cops holding your laptop with no warrant. He or she would likely have a very good idea as to what is the proper procedure in this case and what you can do to expedite its return.

he pretty much agrees that the prosecutor is a moron and that we shouldn't try to cite conflict of interest because we would surely get a better prosecutor if they dismissed this one.

I guess you'll just have to stick it out then, until your case gets resolved. Have you talked about any potential recourse with your lawyer?

He's looking into malicious prosecution and abuse of process but he says he hasn't seen anything that quite reaches the realm of illegality YET emphasizing that word.
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no one likes you tc freak

DawkinsNumber4 posted...

Akagami_Shanks posted...

Dustin "The Armchair Lawyer" Cavanaugh

Don't be mad because you don't have the courage for fight for the citizenry.

You aren't fighting for anything except to feed your narcissistic delusions.
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For how much you talk about knowing the law, your knowledge is total shit.

State charges (which this is) don't have to be presented before a grand jury, an arraignment is enough. In fact, IIRC they don't even have to do an arraignment if the charge is a probation violation.

You get a hearing and you've been adequately notified, so due process isn't a concern here.

Your "lawyer" is a total hack if he thinks any of this even comes close to abuse of process.

The police chief doesn't charge, your DA's office does. Insulting then isn't doing you any favors though.

Enjoy your stint in jail.

You're welcome.
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DawkinsNumber4 posted...

Blue_Dream87 posted...

Dude why aren't you in jail

Why would I be?

what did you do? i can't really see from your opening post
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DawkinsNumber4 posted...

Here is an e-mail I sent the police chief, internal affairs, the captain, etc. and cc'ed to the ACLU, my attorney, and the Maryland attorney general.

Bruh... you called them idiots n shit. Lmao savage

bover_87 posted...

State charges (which this is) don't have to be presented before a grand jury, an arraignment is enough. In fact, IIRC they don't even have to do an arraignment if the charge is a probation violation.

You get a hearing and you've been adequately notified, so due process isn't a concern here.

Your "lawyer" is a total hack if he thinks any of this even comes close to abuse of process.

The police chief doesn't charge, your DA's office does. Insulting then isn't doing you any favors though.

Enjoy your stint in jail.

"State charges (which this is) don't have to be presented before a grand jury, an arraignment is enough" - Not when the crime is an infamous crime where no misdemeanor charges cannot be pursued. The only time this is acceptable is when an indictment needs to be corrected. THEN they can correct it with information. They CANNOT start with information and THEN do indictment they have to do indictment and THEN information and only to amend something that was incorrect. You'll see, you also don't seem to understand the maliciousness has various factors, not simply that one little aspect, if you weren't so boneheaded and paid attention you would know that. If you used your brain as much as your mouth maybe you would be somewhere other than here all day, and you can't even pay attention then. I come here occasionally to give updates and even I can pay attention to what goes on, and when I don't I don't talk about it. Why talk about shit you know nothing about?
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