GAH! need some help guys!
Postmaster
Joined: Mar 2008
Posts: 3,255
Likes: 0
From: Sweet Home, OR
I still say LEGALLY the burden of proof is on the government, especially in a CRIMINAL case like tax evasion.
The burden of proof is ALWAYS on the government as the procecuting authority.
If you have a green leafy substance in your car and get arrested for it you bet your @$$ the government has to prove it's marijuana before they can send you to prision or fine you for posession.
From a leagal aspect there is exactly NO difference between the situations.
The burden of proof is ALWAYS on the government as the procecuting authority.
If you have a green leafy substance in your car and get arrested for it you bet your @$$ the government has to prove it's marijuana before they can send you to prision or fine you for posession.
From a leagal aspect there is exactly NO difference between the situations.
Post Fiend
Joined: Oct 2007
Posts: 10,501
Likes: 5
From: Faibanks Ak.
I know you are right but the original fine is in ticket form and you have to prove different at least when the dot catches you. the irs comes later with an audit and maybe tax evasion at least that is what happened to one that I knew of twice.
BUT THAT DOESN'T MAKE IT RIGHT just one way it is done.
BUT THAT DOESN'T MAKE IT RIGHT just one way it is done.
Postmaster
Joined: Mar 2008
Posts: 3,255
Likes: 0
From: Sweet Home, OR
They tried to pull that crap on a 65 year old friend of mine with a wreckless driving ticket.
He pled not guilty and requested a jury trial.
He showed up and it was just a regular old Judge and no jury like a traffic ticket. He said NO I want a jury trial.
They resceduled again and got the same frickin' judge thing again. He said NO! AGAIN! I want a jury trial. Finally he got through to them that they weren't going to push him around and they dropped the charges because they knew they couldn't get a conviction with their crummy case in front of a jury so they dropped the charges.
This kind of stuff is why the courts and ESPECIALLY the IRS are able to push people around and overstep their bounds because most people just fall over when pushed by them.
He pled not guilty and requested a jury trial.
He showed up and it was just a regular old Judge and no jury like a traffic ticket. He said NO I want a jury trial.
They resceduled again and got the same frickin' judge thing again. He said NO! AGAIN! I want a jury trial. Finally he got through to them that they weren't going to push him around and they dropped the charges because they knew they couldn't get a conviction with their crummy case in front of a jury so they dropped the charges.
This kind of stuff is why the courts and ESPECIALLY the IRS are able to push people around and overstep their bounds because most people just fall over when pushed by them.
Post Fiend
Joined: Oct 2007
Posts: 10,501
Likes: 5
From: Faibanks Ak.
Very Very true Dodge. But they have been real quick to tell me that the fine is different when you plead not guilty. I had one go from 62.50 to 387.50 in texas once so I said you get to feed me. They turned me loose after about 8 hours of being locked up when they figgured I wasn't going to pay the fine.
Postmaster
Joined: Mar 2008
Posts: 3,255
Likes: 0
From: Sweet Home, OR
Very Very true Dodge. But they have been real quick to tell me that the fine is different when you plead not guilty. I had one go from 62.50 to 387.50 in texas once so I said you get to feed me. They turned me loose after about 8 hours of being locked up when they figgured I wasn't going to pay the fine.
That's good, how much did you have to eat in that 8 hours before they figured they couldn't afford you!
Post Fiend
Joined: Oct 2007
Posts: 10,501
Likes: 5
From: Faibanks Ak.
Put it this way when the sheriff was giving my things (I had something like 490 bucks on me he asked why I hadn't just paid the fine so I said I wasn't guilty) then I told him that this job actually pays better than mine did he mind if I stayed on a few days. then he said I better leave while everybody was in a good mood. So now I asked if they had caught that chicken yet, he says what chicken, so I said the one that kept running through the food it all had a chicken flavor but no meat.
Lead Driver
Joined: Nov 2003
Posts: 6,900
Likes: 3
From: Campbell River, B.C.
They tried to pull that crap on a 65 year old friend of mine with a wreckless driving ticket.
He pled not guilty and requested a jury trial.
He showed up and it was just a regular old Judge and no jury like a traffic ticket. He said NO I want a jury trial.
They resceduled again and got the same frickin' judge thing again. He said NO! AGAIN! I want a jury trial. Finally he got through to them that they weren't going to push him around and they dropped the charges because they knew they couldn't get a conviction with their crummy case in front of a jury so they dropped the charges.
This kind of stuff is why the courts and ESPECIALLY the IRS are able to push people around and overstep their bounds because most people just fall over when pushed by them.
He pled not guilty and requested a jury trial.
He showed up and it was just a regular old Judge and no jury like a traffic ticket. He said NO I want a jury trial.
They resceduled again and got the same frickin' judge thing again. He said NO! AGAIN! I want a jury trial. Finally he got through to them that they weren't going to push him around and they dropped the charges because they knew they couldn't get a conviction with their crummy case in front of a jury so they dropped the charges.
This kind of stuff is why the courts and ESPECIALLY the IRS are able to push people around and overstep their bounds because most people just fall over when pushed by them.
What we have here is an example of some one knowing their rights. When it comes down to it, you are able to use the system to defend yourself if you know what you are doing. This comes down to a matter of principle and standing up for whats right. Is court a hassle? hell yeah! but I would rather make a stand then get pushed around for doing nothing wrong.
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Postmaster
Joined: Mar 2008
Posts: 3,255
Likes: 0
From: Sweet Home, OR
What we have here is an example of some one knowing their rights. When it comes down to it, you are able to use the system to defend yourself if you know what you are doing. This comes down to a matter of principle and standing up for whats right. Is court a hassle? hell yeah! but I would rather make a stand then get pushed around for doing nothing wrong.
It's a hassel but I'm tired of the Gov't that is supposed to be working FOR us pushing us around!
I'm not alone, all of this bail-out, Foreighn treaty, increased taxes, illegal immigration, "domestic terrorist watch list" crap is starting to wake people up and they are not happy what they are waking up to.
I actually cheered when Helio Castroneves was found not guilty, the IRS thinks they can do ANYTHING they want to people and ruin their lives in the process.
Post Fiend
Joined: Oct 2007
Posts: 10,501
Likes: 5
From: Faibanks Ak.
Yea but I hate to think of what it cost him to be cleared.
Like ted stevens everything conveniently thrown out including his conviction after the election is over. Somebody without his resources would have been in prison.
Like ted stevens everything conveniently thrown out including his conviction after the election is over. Somebody without his resources would have been in prison.
Methanoholic
Joined: Mar 2009
Posts: 6,442
Likes: 8
From: Maine (NorCal Native)
But _what if_ they're guilty, should they get away with that!
I agree they running wild and something needs to change, I have been on that "Woken up" list for a long time.
-Enjoy
fh : )_~
I agree they running wild and something needs to change, I have been on that "Woken up" list for a long time.
-Enjoy
fh : )_~
Postmaster
Joined: Mar 2008
Posts: 3,255
Likes: 0
From: Sweet Home, OR
I just like seeing the gov't BEAT on stuff like this anymore. They're the ones who have cultivated this attitude towards themselves.
Our founding fathers were GUILTY of ALL KINDS of stuff but I still would have rooted for them to win. This gov't has gotten WAY to oppressive and all of the people on their "watch list" and all of the thousands of people showing up at the recent "tea parties" are proving they are taking it too far.