Post: #1

The purpose of this thread is to serve as a repository of layman's guide to legal matters. I did a search in the RVF database for books and links, that will help a layman(people without legal background) in dealing with the issue of the law, in all sorts of varied situations.

What prompted this was seeing how the knowledge of the law really helped MikeCF in dealing with the social justice warriors(or more like social justice bullies). The two main lessons i extracted from #gamergate event is this: (1) have an independent source of income that allows you to say "F - you", and (2), it helps significantly if you have some familiarity with the law. These two combination will make you nigh invincible. It is both a shield and a sword.

I already have #1 under control with the ongoing scaling of my business... but i am sorely lacking in #2. That is why i am creating this thread: Does anybody know of good legal references, for dealing with all sorts of different situations(dealing with the police, SJW attacks/tactics, 2nd amendment issue, small business/corporate law, 1st amendment issue, civil rights, etc.). A good, solid reference that somebody without a legal background will find useful? A series of quick layman's guide to the law. It could be any of the following:

Books
Videos(youtube, vimeo, etc)
Blogs,
Articles,

Anything that will educate a layman about how the law can seriously messed up their lives or their growing small business. In my view, this is critically important given the SJW poison that has infected the atmosphere we live in. If you do not familiarize yourself with the law, you have only yourself to blame, when and if the SJW comes after you. We are proactive men that equip and arm ourselves beforehand: we act first, rather than react.

To start this off, i will post a link that commentator SP5 gave me: https://www.aclu.org/national-security/k...nforcement

and this video: Don't talk to the Police.





More suggestions are welcome.

regards,

Nemencine

Post: #2

A lot of RVF guys are into running their own side hustles. What's the best way to avoid getting caught up in bullshit like this:

Quote:ARNOLDS PARK, Iowa — For almost 40 years, Carole Hinders has dished out Mexican specialties at her modest cash-only restaurant. For just as long, she deposited the earnings at a small bank branch a block away — until last year, when two tax agents knocked on her door and informed her that they had seized her checking account, almost $33,000.

The Internal Revenue Service agents did not accuse Ms. Hinders of money laundering or cheating on her taxes — in fact, she has not been charged with any crime. Instead, the money was seized solely because she had deposited less than $10,000 at a time, which they viewed as an attempt to avoid triggering a required government report.

http://www.nytimes.com/2014/10/26/us/law...uired.html

If that happens what should you do? The people they talk about in the article don't come off as particularly savvy.

Post: #3

^^^
good point. Because it is pertinent to my budding business enterprise, given the amount i generated every month. I didn't even know what to make of that, until Quintus Curtius informed me of something called bank "structuring" or smurfing. That it is a crime under federal law.

The IRS simply reach the conclusion that you are trying to be evasive... they judge the "intent" of your actions... based on that, they will seize your bank assets.. then they will look into your tax records, etc. I found a Cornell University Law School post about the law: http://www.law.cornell.edu/uscode/text/31/5324

If something like this happen, the best recourse, according to Quintus Curtius, is for you to get legal representation.

I did some internet seach on bank "structuring", here is a link to some business owners that went through the same thing(bank "structuring"), where the IRS seize their bank account, but they still managed to beat the IRS successfully: IRS Backs Down, Returns Seized Cash To Family Businesses

I also came across an article written on the issue, by Stephen Dunn on the http://www.americanbar.org website. Later, Forbes reprinted the article about the subject, titled "Bank Deposits, Structuring, and Asset Forfeitures" by Stephen Dunn. That explains the subject matter in a more accessible manner. It deals with the laws behind IRS aggressive actions when they suspect "structuring", and how a person can go about dealing with IRS in such a situation.

I cannot do it justice with a quick summary, so i will quote it in its entirety

Quote:Bank Deposits, Structuring, and Asset Forfeitures

A business receives a call from its bank that the IRS has seized all of the business’ funds on deposit at the bank. Cash needed to operate the business—and pay outstanding checks—is suddenly gone. The business received no advance notice that the government was targeting its bank accounts. Such seizures of business bank accounts are occurring with increasing frequency.

The Bank Secrecy Act, 31 USC § 5313(a), provides that when a domestic financial institution is involved in a transaction for the payment, receipt, or transfer of United States coins or currency (or other monetary instruments as the Secretary of the Treasury prescribes), in an amount or denomination, or under circumstances as the Secretary prescribes by regulation, the institution and any other participant in the transaction as the Secretary may prescribe shall file a report of the transaction at the time and in the way the Secretary prescribes.

Regulations require each financial institution to file a report of each deposit, withdrawal, exchange of currency or other payment or transfer, by, through, or to such financial institution which involves a transaction in currency of $10,000 or more, except as otherwise provided by the regulations. Multiple currency transactions shall be treated as a single transaction if the financial institution has knowledge that they are by or on behalf of any person and result in either cash in or cash out totaling more than $10,000 during any one business day. “Financial institution” includes all of the institution’s domestic branch offices. It also includes any recordkeeping facility, wherever located, containing records relating to the financial institution’s domestic offices. A required report must be filed by the financial institution with the Internal Revenue Service within 15 days after occurrence of the reportable transaction.

31 USC § 5324(a) provides that no person shall, for the purpose of evading the reporting requirements of § 5313(a) or any regulation thereunder, cause or attempt to cause any domestic financial institution to fail to file a report required by § 5313(a) or any regulation thereunder, or structure or assist in structuring, or attempt to structure or assist in structuring, any transaction with one or more domestic financial institutions. “Structuring” for this purpose means arranging one’s cash banking transactions with specific intent to evade the currency transaction reporting requirements of 31 USC § 5313(a) and regulations thereunder. An example of structuring would be a business with cash of $17,000 to deposit, breaking it into two deposits, one of $9,000 and the other of $8,000, with specific intent to evade the bank’s currency transaction reporting requirement.

If a depositor appears to breaking its deposits into amounts less than $10,000, the bank must also report such “suspicious transactions” to the U.S. Treasury. IRS agents will then review the account and, if they conclude that the depositor has engaged in structuring, obtain a warrant and seize the account balance.

It is not enough that a depositor arranges cash deposits in amounts less than $10,000. To structure, the depositor must arrange cash deposits in amounts less than $10,000 with specific intent to evade the bank’s currency transaction reporting requirement. It is not structuring, for example, if a depositor keeps its cash bank deposits under $10,000 on the mistaken belief that by doing so the depositor avoids a reporting requirement that it would otherwise have.

31 USC § 5317©(2) provides that any property involved in a violation of sections 5313 or 5324, or any conspiracy to commit any such violation, and any property traceable to any such violation or conspiracy, may be seized and forfeited to the United States pursuant to procedures of 18 USC § 981(a)(1)(A).

Congress enacted 31 USC §§ 5317 and 5324 as part of the Omnibus Drug Act of 1986. The legislative history of the Omnibus Drug Act of 1986 makes clear that Congress intended the that Act as a weapon in the war on drug trafficking. But the government is applying §§ 5317 and 5324 beyond the bounds intended by Congress, where there is no drug trafficking, as if structuring alone were a forfeitable offense.

To curtail the unbounded forfeiture authority asserted by the government, and to provide procedural safeguards for the lawful exercise of forfeiture authority, Congress passed 18 USC §§ 983 and 984 as part of the Civil Asset Forfeiture Reform Act of 2000 (“CAFRA”). The legislative history of the CAFRA makes clear that Congress intended the civil asset forfeiture authority of 31 USC § 5317©(2) as a weapon in the war on drug trafficking. 18 USC § 983(a)(3)(A) specifically mentions “the underlying offense.”

After seizing bank accounts under asserted authority of 31 USC § 5317©(2), IRS special agents typically inquire about the depositor’s income tax returns. This is an absolute abuse of the forfeiture authority. Congress has provided elaborate due process for the assessment or collection of taxes. IRS special agents charged with enforcing the Bank Secrecy Act have no authority to access tax information without the taxpayer’s consent. They request such consent by asking the taxpayer to sign Form 8821, Tax Information Authorization. A taxpayer should never sign Form 8821.

A 31 USC § 5317©(2) seizure can apply to bank deposits, but not to withdrawals, as the property allegedly “involved in the violation” of § 5324(a)—the withdrawn funds—is no longer in the account.

Initial Meeting With Client

The client should be asked to bring to the initial meeting any and all documents they have concerning the matter. This would include the pertinent bank statements, as well as a Notification of Law, if the special agent issued one. A Notification of Law is a document informing a depositor of the law against structuring, and that the government may seize a bank account balance believed to be involved in structuring. Sometimes the IRS issues a Notification of Law to a depositor before seizing its bank balances, and sometimes it does not, e.g., United States v. $255,427.15 in U.S. Currency, 841 F. Supp. 2d 1350, 1357 (S.D. Ga. 2012), and sometimes it does not. E.g., United States v. Funds from Fifth Third Bank Account, 2013 U.S. Dist. LEXIS 157447 (E.D. Mich. 2013).

Before the initial meeting, an informal claim should be drafted, to be finalized and signed at the initial meeting. A claim need not take any particular form. A claim shall—

(i) identify the specific property being claimed;

(ii) state the claimant’s interest in such property; and

(iii) be made under oath, subject to penalty of perjury.

An informal claim should satisfy the above three requirements.

At the initial meeting—

The client should be asked why they made deposits as they did. For example, a grocery store’s insurance policy covered cash only up to $10,000. The bank was across the street, and the store made frequent bank deposits, never allowing more than $10,000 cash to accumulate.
The client should also be asked if they were aware of the law against structuring. For example, a proprietor of Chinese restaurants was under the mistaken impression that if she deposited more than $10,000 in cash at one time, she would have a obligation to file a report with the government. Filling out a bank transaction report in English can be a formidable challenge to an individual who is not a native English speaker.
The client should be asked if they received any warning from the government that the client’s bank balances might be seized. Sometimes such warning comes in the form of a Notification of Law.
The client should be asked if they are able to pay for legal representation in pursuing recovery of the seized funds. Realistically, a claimant will incur $50,000-$100,000 in attorney fees and costs litigating to recover seized funds. The client needs to understand that there is no guarantee of success. If the client is unable to finance the litigation, a public interest law firm such as the Arlington, Virginia-based Institute for Justice, may be willing to take on the case for attorney fees they may be able to recover from the government.
An informal claim for return of the seized property should be finalized, and then signed by the claimant.

Informal Claim

Immediately after the initial meeting with the client, an informal claim should be filed for the client. The claim should be filed by FedEx, UPS, or USPS Priority Mail; USPS certified mail is unreliable. The filing of an informal claim starts running the 90 days in which the government must file a complaint for forfeiture.

The filing of an informal claim is critically important. In United States v. Funds from Fifth Third Bank Account, 2013 U.S. Dist. LEXIS 157447 (E.D. Mich. 2013), the government filed its complaint for forfeiture on the 91st day after the guard at the entrance of the IRS processing facility signed a USPS certified mail receipt for the claimant’s formal claim. The Court rejected the government’s argument that the claim was not filed not when the guard signed for it, but two days later when it arrived at the office of the IRS forfeitures coordinator. The Court said that whether the complaint for forfeiture was timely filed would have been a close question but for the fact that the complaint was filed 127 days after the IRS guard had signed a USPS certified mail receipt for the claimant’s informal claim.

Time

Within 60 days after seizing property, the government must send written notice of the seizure to interested parties, except that the government need not provide such notice if within the 60 days the government commences a civil asset forfeiture proceeding concerning the property, or obtains an indictment containing an allegation that the property is subject to forfeiture. If the government does not timely send such written notice, and the court does not grant an extension of time for sending it, then the seized property shall immediately be returned to the person from whom it was seized, without prejudice to the government’s right to commence a forfeiture proceeding at a later time, except that the government need not return contraband.
A person may file a written claim to the property by the deadline set forth in the letter informing the person of the seizure, except that such deadline may not be earlier than 35 days after the date the letter is mailed. A person not having received such a letter may file a claim within 30 days after publication of final notice of the seizure.
Not later than 90 days after a claim is filed, the government shall file a complaint for forfeiture in the U.S. District Court, or return the property pending the filing of a complaint, except that the U.S. District Court in which the complaint will be filed may extend the time for good cause or upon agreement of the parties. It is inconceivable that a party would agree to extend the time for filing a complaint. A motion to extend time must be filed before the initial 90-day period expires. United States v. Funds from Fifth Third Bank Account, 2013 U.S. Dist. LEXIS 157447, at *23.
An action to forfeit property not traceable to the alleged offense may not be commenced more than year after the date of the alleged offense. For example, assume that on November 28, 2012 the government seizes $135,000 from a business’ bank account for alleged structuring of cash deposits. Further assume that on April 18, 2013, the government files a civil forfeiture action as to the $135,000. Investigation reveals that in the year preceding April 18, 2013, cash deposits to the account totaled only $100,000. The government’s civil forfeiture action can apply to only the $100,000 deposited into the account in the year preceding April 18, 2013. The remaining $35,000 must be immediately distributed to the account owner.

Hardship Distribution

If continued possession of the seized property pending final disposition of the forfeiture proceedings will cause substantial hardship to the claimant, such as preventing the functioning of a business, preventing an individual from working, or leaving an individual homeless, and the claimant satisfies the other conditions of 18 USC § 983(f), the claimant is entitled to distribution of the seized property to alleviate the hardship. If the government does not release the property within 15 days after the claimant requests a hardship distribution, the claimant may petition the U.S. District Court for a hardship distribution. The District Court must issue a decision on a hardship petition within 30 days after the petition is filed.

Affirmative Defenses

In answering the complaint for forfeiture, affirmative defenses considered by claimant’s counsel should include:

Failure to state a claim upon which relief can be granted. Complaints for forfeiture I have seen fail to aver the mens rea necessary for a seizure and forfeiture under 31 USC § 5324(a).
The complaint for forfeiture was filed beyond the 90 days allowed by 18 USC § 983(a)(3)(A), (B).
The law providing for civil asset forfeitures, 31 USC § 5317©(2), does not apply where, as here, there is no drug trafficking.
Executed without notice or an opportunity to be heard afforded to the claimant, the seizure(s) deprived the claimant of property without due process of law, in violation of the Fifth and Fourteenth Amendments to the United States Constitution.
The seizure(s) in controversy violated the Eighth Amendment Excessive Fines Clause.
The seizure of fungible property such as money is not lawful to the extent it exceeds deposits to the claimant’s bank account made within one year before the filing of the complaint for forfeiture.

Judicial Claim

The claimant must file a claim for the seized property with the court in which the case in pending. The claim must:

(A) identify the specific property claimed;

(B) identify the claimant and state the claimant’s interest in the property;

© be signed by the claimant under penalty of perjury; and

(D) be served on the attorney designated by the government.

The claim must be filed not later than 60 days after the filing of the complaint for forfeiture. See Rule (G)(5), Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions.

Discovery

The affidavit in support of the seizure warrant should be requested in discovery. The affidavits I have seen fail to allege the mens rea necessary for a seizure and forfeiture under 31 USC § 5324(a).

If the client says that they received no notice of the seizure, this should be confirmed in a request for admission. If the government says that it did provide notice of the seizure, then interrogatories and a request for production of documents should be propounded on this.

The deposition of the seizing special agent should be taken.

Beware of discovery requests from the government for the client’s tax returns and supporting records. I have even seen the government request that the claimant sign a Form 8821 authorizing the government to access IRS files on the claimant in discovery in a civil forfeiture case. As noted above, it is an absolute abuse of the government’s forfeiture authority to use that authority to enforce tax laws.

Motion for Summary Judgment

At the close of discovery, there may not be a genuine issue of material fact, and the claimant may be entitled to judgment as a matter of law under Rule 56 of the Federal Rules of Civil Procedure.

The Court granted summary judgment for the claimant in United States v. Funds from Fifth Third Bank Account, 2013 U.S. Dist. LEXIS 157447 (E.D. Mich. 2013), dismissing the case with prejudice. I represented the claimant in that case. Based upon that result, the government conceded two other forfeiture cases–United States v. $35,651.11, 2013, U.S. Dist. LEXIS 161766 (E.D. Mich. 2013), and United States v. Thirty-Three Thousand Two Hundred Forty-Four Dollars and Eighty Six Cents in U.S. Currency from TCF National Bank, No. 2:13-cv-13-13990 (E.D. Mich. 2013). I was local counsel in the latter two cases.

Attorney Fees and Costs

When the case is finally decided, whether by summary judgment or trial, a successful claimant should move to recover attorney fees and costs under 28 USC § 2465. This is especially important in achieving justice for the client, and in informing the government of the legal limits of civil asset forfeitures. The claimant was awarded all of their attorney fees and costs in United States v. Funds from Fifth Third Bank Account, 2014 U.S. Dist. LEXIS 27783 (E.D. Mich. 2014).

Conclusion

Entrepreneurs should make bank deposits as suits their business, without regard to the $10,000 floor for a Currency Transaction Report (“CRT”) under the Bank Secrecy Act. The obligation to file a CRT is upon the bank, not the depositor. Endeavoring to keep bank deposits under $10,000 needlessly subjects the deposits to risk of seizure by the federal government.

^^^

That is how it goes down. The steps needed to avoid and/or deal with this kind of headache. I did not even know anything about this before today.

Thanks for bringing this up, Ensam.

Post: #4

Nemencine covered that pretty well, "structuring" is a specific intent crime, that is they have to prove that a person had the intent to evade reporting and detection. Not easy to prove.

Post: #5

In continuation of Layman's Guide to Legal Matters... I did a search for false rape accusations and how to handle them. The RVF database shows a semi-decent thread on this critical issue: /thread-33969.html

There is also a Patrice O'neal's thread on his experience with false rape accusation: /thread-31738.html (the video is very interesting/informative story.)

There is a website called "Community of the Wrongly Accused" that discusses this issue and various ways it can ruin your life. Listing soo many documented cases and examples, which gives you a practical idea of how they can come after you.

However, the best condensed gist on the matter, is by MikeCF. If you are a regular reader of MikeCf's Danger and Play website, you will come across this gem: http://www.dangerandplay.com/2011/09/21/...rape-case/

Also check out his podcast on the subject: http://www.dangerandplay.com/2014/06/08/...ccusation/

Here is the cliff's note version:

1. Avoid SJWs.

2. Film it.

3. Save your text messages.

4. Go out to breakfast.

5. Have her put on the condom.

6. If she mentions “buyer’s remorse,” take her out for dinner, and do not see her again.

7. Never “be nice” if she expresses buyer’s remorse.

8. If the police call, don’t answer.


Of course, on his website Danger and Play, MikeCF expand on each point with actual, real life examples and previous cases. Putting forth the practical reasons for them. Again, go there and read it... while at it, listen to his podcast on the issue.

regards,

Nemencine

Post: #6

There's another thread I did on false rape and domestic violence charges:

/thread-29563.html

Post: #7

^^^

that was epic. holy bloody shite!

frenchie's thread on his girl's diary triggered it.

I did a few word searches in the database, i don't know how i could have missed your thread.....

I will STRONGLY suggest everybody read SP5 thread on this issue of false rape accusation... very thorough, very comprehensive:

/thread-29563-...#pid567845

Damn!

You deserve multiple rep points/likes for that thread alone. Very important.

(10-31-2013 04:57 PM)Sp5 Wrote:  Executive summary:

1. Beware, women use false domestic violence and sexual assault charges as an instrument of revenge and control. Learn to prevent these charges and protect yourself.

2. Prosecutions for sexual assault and domestic violence are becoming more aggressive. The trend in the laws is to make convictions easier by broadening the definition of crime and narrowing the scope of defenses.

3. Defending yourself against false charges requires thorough investigation, rigorous use of the evidence rules, and understanding and use of all the legal, social and psychological aspects of a case.

This comment by Cattle Rustler got me to thinking:

(10-03-2013 05:56 PM)Cattle Rustler Wrote:  We need a "Red-Pill and Saul Goodman type lawyer" thread.

That way we can get one on the go in case SHTF. Trying to find one is quite difficult these days.

I've tried several domestic violence / rape / sexual assault cases as a defense lawyer before juries and judges in a US jurisdiction. I've litigated scores more to dismissal or plea agreement. I’ve sat in courtrooms watching other cases play out. The reality of these cases has little resemblance to the media picture of them. Rape by strangers is one of the rarest crimes, even in big dense cities.

A high school classmate of mine was a detective on the sexual assault unit. I was talking to him one day and we were comparing notes from opposing sides. He told me he wanted out of the SAU. When I asked why, thinking that he was tired of sordid child molestation charges, brutal rapes and the like, he told me “I am tired of all these made up false charges we have to support.” And proceed to tell me stories of women who had made charges of rape obviously motivated by revenge or money, which were still brought forward by the DA for political reasons. So we ended up agreeing and swapping stories. This is the environment we live in.

This forum draws an international audience, so laws will vary. Even within the USA, laws are different in each of the 50 states. Mandatory disclaimer: consult your local lawyer.

There are common trends - most places in the West have enacted domestic violence laws providing for restraining orders, mandatory arrests, and generally diminished the scope of a defense for domestic violence and sexual assaults, e.g. you can't use a rape complainant's previous slutty sexual history against her.

One new frontier in that regard is trying to place the burden of proof on a defendant claiming consent by the complainant - it's in the international criminal codes used for places like the former Yugoslavia. Canada also has a variation on this burden-shifting theme, plus an expansion of the definition of sexual assault to include abuse of authority (something which is a civil, not a criminal case in the USA called quid pro quo sexual harassment). The U.S. Congress enacted a burden-shifting rule on consent defenses for the US military a few years ago, but it got shot down by a military judge on US Constitutional grounds. For the time being, it is still the law in the USA that the prosecution must prove beyond a reasonable doubt that the complainant did not consent, and the defense of consent is allowed to be raised before the jury without any gatekeeping by the judge.

Another trend is the expansion of the definition of rape because of incapacity by intoxication. Incapacity used to mean the woman was unconscious or nearly so, unable to stand up or speak. Now, prosecutors are trying to impose a vague and shifting definition that includes ambulatory intoxication.

I told the story of one prosecution like that here.

There are also the recent examples of the Ohio university “rape” lampooned here on the forum, and the ongoing prosecution of two U.S. Naval Academy midshipmen after a drunken female midshipman pulled a train at a party.

In preventing and defending against false charges, the social and psychological aspects are at least as important as the legal aspects. It’s a kind of “game.” You and your lawyer are gaming the complainant, gaming the prosecutor, gaming the judge, gaming the jury.

The first thing to remember is: you can be charged and convicted on the say-so of one woman. It's enough for probable cause, and enough for conviction if she is convincing to the jury. So, screen your partners for psycho attributes. Hard to tell all of the time, but there are some obvious tells like her taking offense when none was meant, always being “disrespected,” obvious greed, weird mystical beliefs, extreme jealousy (especially Borderline Personality Disorder), sympathy-seeking hypochondria, etc.

Second, don’t do anything that will enrage her while your DNA is in her. In the story above, the guy fucked her in an alley, then left her standing on the street. If he had taken an hour more to bring her back to her friends in the bar and given her a few smiles and kisses, he would have saved a year of hell while he was charged with rape.

Criminal charges can come out of any male-female encounter in a number of ways.

Much more common than sexual assault charges in the courts are the nightmares of concocted domestic violence charges and restraining orders. I call this “Restraining Order Hell,” because it can go on for a long time and result in multiple court appearances and jailings. There are lots more domestic violence and restraining order cases than rape cases, and for sure there are a lot of guys who lose it and start beating their women, especially after drinking. There were so many times when I was talking to a new client charged with domestic violence in the court lockup in the morning, and he reeked of booze. It goes without saying you should avoid that situation, getting drunk and arguing with a woman. I always told these clients: your relationship with this woman should be over now. It doesn’t make any difference whether it’s because of her, or because of you: it’s obviously not working out when you find yourself in a lockup.

You can control your own behavior. What is more difficult is controlling what she does, and the use of domestic violence restraining orders as a revenge/control instrument after a breakup and in divorce is widespread.

One time I was waiting on a subway platform and overheard one girl (18-25 yo) say to another: “If you want your man back, put a restraining order on him.” It didn’t surprise me; I had seen it in court many times. A restraining order can be granted without a hearing to begin with, and it delivers a message to the man: “She’s in control now, she’s got you by the balls.” Typically these orders require a person to stay some specified distance away from the complainant and specific sites like the complainant’s home and workplace. I had several cases in which the woman invited the man back while the no-contact order was still in force. They might have stayed together for weeks, but when the man “stepped out of line,” by arguing with her, staying out late, real or imagined cheating on her, “disrespecting” her, a call to 911 was made and the guy found himself arrested. Sometimes it was a surprise to him when the police showed up. I always had to explain to these chumps: it’s not a legal defense that you were invited back by her, even if a judge or a jury might have some sympathy in those circumstances.

One rule: once you have a no-contact restraining order served on you, move away or have a rock-solid alibi 24/7. Otherwise, you’re always at risk of her scoping you out and calling the police to charge a violation of the restraining order (“He was outside my house, staring at my window”). It happens.

From her point of view, once she makes charges against you, she is going to be embraced by the state’s punitive and therapeutic institutions. She will have a “victim advocate” assigned to commiserate with her. She will meet with friendly prosecutors and police officers willing to believe her, even bending over backwards to do so. Her friends will sympathize with her.

You, on the other hand, are a cockroach which the power of the state is poised to bring the hammer down on. The only thing standing between the hammer and you is a good defense lawyer and yourself. The good defense lawyer takes many forms – public defenders are some of the best because of their experience, don’t believe the bad rap on them. If you are hiring a lawyer, make sure you hire a criminal defense lawyer. The criminal defense bar in any town is a relatively small group. Even in a city of one million, you only have about 50 good, dedicated criminal defense lawyers. If you don’t know anyone, walk into court and chat up the bailiffs. They are sitting in the courts all day, and see who’s good and who sucks.

The good defense lawyer has four things: (1) likes to Fight the Power; (2) knowledge of the law, especially the rules of evidence; (3) ability to thoroughly investigate the facts; (4) common sense about human behavior.

If one of a lawyer’s first questions is “Did you do it?” you should avoid them. This is because you are not in a position to judge whether you “did it” or not, and asking you indicates the lawyer is lazy and taking shortcuts. Even the guilty person is probably charged with some crimes not supported by the facts – e.g. you sucker-punched someone and are charged with assault with intent to murder. The lawyer should just ask you “what happened?” or “why are you here?” for your account of the facts.

There are no other qualities you should be looking for other than those four qualities – I know great defense lawyers who are women, including lesbians, gay guys, black, white, Hispanic, etc.

The lawyer must investigate everything about the case, the complainant, witnesses, understand the physical layout of the scene, any lab reports, police reports. Actually, the lawyer should hire an investigator to do a lot of this, because the investigator can talk to the “victim” and get her story on the record, along with any other witnesses. You can “lock in” testimony in your favor, because the investigator can testify at trial. Even though rape shield laws have limited exploration of some aspects of the complainant’s history, other aspects can be explored: past false charges, her psychiatric history, financial issues which could on motive to lie.

If you are in a social circle with the complainant, you may find some mutual friends willing to talk to you about “what she said,” dish dirt on her, or even talk her out of the charges. The latter is a delicate matter because of witness intimidation laws and if there is a no-contact order, as it could be “indirect contact,” so consult your lawyer and be careful. Still, if you could get a friend of the complainant’s to testify to her inconsistent statements or about any motive to get revenge on you, it’s golden.

Arraignments, bail hearings and related restraining order hearings are incredibly important. Aside from determining whether you’ll be locked up before trial, this is because the lawyer may get the chance to question the complainant.

One time, I was appointed as a public defender on a rape case at the arraignment. The dumbass DA and victim advocate let the complainant go forward with a restraining order hearing. After the complainant testified, I jumped up and handed in my appearance slip in behalf of the defendant. The DA objected, saying I wasn’t appointed on the civil restraining order case, only on the criminal. I told the judge I was doing it pro bono and the defendant had the right to counsel, and the DA had no standing to object. The judge wasn’t happy, but there wasn’t anything she could do to prevent me from cross-examining the complainant.

I asked a bunch of open-ended questions – When, where, what, who, why. Just to get her story on the record, on the tape recorders running in the courtroom. The complainant said she went back to the defendant’s house after the alleged rape. I asked her why she went to see him.

She said, “I wanted him to fix my car, and he said no.” With that answer, I knew I had won. The case pretty much fell apart and it was dismissed a few week later.

The good defense counsel has to know the rules of evidence. You can get and use things like the complainant’s psychiatric history in at least some places, but it’s really difficult and you have to know the law and be able to make the argument for relevancy. Hearsay and the exceptions to the hearsay rule are very important, as witnesses will testify to what “She said,” or “he said.”

If a case goes to trial, anything can happen. Jury selection rules differ, and I won’t get into picking a jury, it’s a complicated subject. Juries are great, but also unpredictable.

Juries want a show. They’ve watched a lot of trials on TV, and they want drama and “production values.” Drama is in the opening and closing statements, the questioning, the witnesses’ demeanor and the rather-solemn setting of the courtroom. I liked to jazz-up “production values” by going to Kinko’s for blown-up graphics, pictures, using a cool laser pointer.

I strongly believe juries want an answer to the question: why is she lying? There has to be a tight, factually-based theory answering that question. Revenge, jealousy, money, all are possible answers based on the facts. I also think juries want to hear from the defendant, to have him deny the charges.

How to treat the complainant on the stand is a defense lawyer’s call. I used to use a kind of sad sympathetic regret for the sick. One time I took this sympathetic tack and got the complainant to go beyond the violation of restraining order complaint to tell the jury about all kinds of fantastic things that my client did – cutting her phone and electric lines, “stalking” her at all hours, looking in her window at 3am. Everything up to beaming messages into her head, and all unreported to the police and ultimately unbelievable, so the jury could not believe her on anything.

Summary: False rape and domestic violence charges are a danger to any man in relationships with women. Be careful out there, and be aware of the laws in your jurisdiction. In the end, only a good defense lawyer might stand between you and twenty years in a maximum security prison on a false charge.

Good shite... good shite... There are more discussions on that thread...

There are some good tips and advice by LowerCaseG too...

(10-31-2013 09:16 PM)LowerCaseG Wrote:  I had a stalker that went nuts on me, and wrote about it on this forum. It was obvious she was totally making up stories, and I beat two restraining orders thanks to a not inept attorney. I was vindicated, however, I spent about $4300, and only as a defendatant, I was pro se as a plaintiff, had to miss 2 weeks of school, and was mentally traumatized big time. I lost about 20 lbs in 2 months. If you sit in district court, at least have of the actions are restraining orders. SP5 has done a great write up. Prevention is of course the best strategy. I am very surprised I have not heard more stalker stories on this forum. A couple of thoughts:

1. Suing for defamation/Libel. You will find a correlation between psycho behavior and nothing to lose, in which case she wont have any money. Plus, you are going to be knee deep in a shitstorm you have been waiting to move on from. It's not practical and will wind up costing you a lot of money.
2. The "victim's" testimony IS evidence. Don't get comfortable thinking there is no evidence.
3. If the chick is tech savvy watch the fuck out. Hacking your passwords or even bugging your phone is not that hard.
4. Most of you guys are more alpha than me and can handle bitches. It won't happen overnight. Don't let on that they are pushing your buttons.
5. If you live alone in a single family house you are especially vulnerable. Nobody is around to see whats up. I would recommend having a trusted friend you can call if she starts showing up at your crib. Someone that lives close by.
6. File first. File First. File first. Forget about being a man. Of course don't make shit up but if she is threatening you then drop one on her first. Some states have alternative harassment orders which are more appropriate but not as strong.
7. Some states allow private individuals to bring criminal charges. Although ultimately the DA has to agree to prosecute, you can still drag her in for a probable cause hearing in front of a magistrate. In my state something as simple as annoying telephone calls or emails is a criminal offense. I had probable cause to bring forth 4 or 5 different charges, and was ready to if things did not stop. However, my attorney said you should not threaten criminal charges as a predicate to terminate domestic proceedings as it is seen as unethical etc... "So don't say, if you don't stop with the restraining orders I will file criminal charges."
8. You should have a cash stash, I would recommend at least $5000.
9. My chick was ghetto. Yes..stay away.
10. I would watch out for certain occupations which are by nature confrontational.
11. Most certainly all of these women will have early tells. I was purposefully ignorant because I thought everything would work itself out. Some obvious ones are:
a)Overall angry person.
b)Enjoys arguing/fighting veiled as debating.
c)Nomadic in nature, has lived in many different places. A past that is difficult to account for.
d)pathological lying. It's kind of obvious, but these chicks will lie about everything, little stuff that there is no reason to lie about so you don't even suspect it.
e)History of childhood sexual abuse.
f)short fuse. Obsessed with respect.
g)Thinks the world is against her...came out of the womb as a victim.
h)disregard for rules/rule of law. Comfortable with criminal behavior.
i)Insomniac.
j)Aroused by confrontation/drama.
h)says disturbingly weird shit when you're fucking her.


Another tip, you may want to preemptively retain a lawyer. It was difficult to find someone that would promise to show up in court for my hearing. These cases are shitty and a lot of lawyers, good ones that already make money, don't want to touch them. You will probably have 10 days to 2 weeks between when she gets the RO ex parte to the hearing. When you factor in weekends, you are going to have 3 or 4 days if you're lucky to find a lawyer.
The landscape is quite ominous, and I doubt very much things will get better anytime soon. Just be prepared and hope your preparation is for naught.

Mighty thanks to both of you.

regards,

Nemencine

Post: #8

I had an app on my phone called CopRecorder which would operate in the background once activated. The idea was to turn it on when encountering cops, but for this situation I could see it being useful also.

Might want to consider a dash cam in the car - they make them as rear view mirror replacements nowadays and are invaluable in the event of an accident. Now you've got audio and video of your date having a good old time, not being passed out drunk, etc. to help bolster your side of the story.

In some states, they may try to say keeping a recording device going without the knowledge of the other person violates some kind of a wiretap law (even though no wires were tapped). My take is - so what? Would you rather get charged with an outdated wiretap statute or register as a sex offender after some bullshit charge made up and thrown at you? Easy choice.

Post: #9

(11-10-2014 07:46 PM)Jack198 Wrote:  I had an app on my phone called CopRecorder which would operate in the background once activated. The idea was to turn it on when encountering cops, but for this situation I could see it being useful also.

Might want to consider a dash cam in the car - they make them as rear view mirror replacements nowadays and are invaluable in the event of an accident. Now you've got audio and video of your date having a good old time, not being passed out drunk, etc. to help bolster your side of the story.

In some states, they may try to say keeping a recording device going without the knowledge of the other person violates some kind of a wiretap law (even though no wires were tapped). My take is - so what? Would you rather get charged with an outdated wiretap statute or register as a sex offender after some bullshit charge made up and thrown at you? Easy choice.

Wiretap laws are usually specific to audio, so if your state is a two-party consent state you can record video only without getting in trouble with the law.

You could also tell your date that she is being audio recorded and play it off as a joke.

All of that being said, there are also laws specific to video recording. For example, Kansas bars filming a naked person without consent if the person has a reasonable expectation that no filming would take place. So a hidden camera of a topless girl giving you a hummer in your car would be a no-go.

This state-by-state guide was created for reporters, and the August 2012 publish date means you should do some extra digging, but it is a start.

I imagine many state laws will change regarding video recordings due to the "revenge porn" hysteria.