How much responsibility does the prosecutor have to investigate an alleged crime? If the criminal arrest is based on a "victim's" perjured sworn statement, what should be done by the prosecution? Why aren't the lying "victims" ever prosecuted, or held accountable for the waste of time and money they have caused?
Other than North Korea, does any other country have as arbitrary a court and justice system as the USA? We seem to be guilty when accused, lying and perjury is encouraged, or expected. Even if you "win" you have just proved you are innocent.
@@nickv1008 Not even. You haven't proven that you are "innocent" you have simply proven you are "not guilty". Semantics but still the system is completely debolical.
My charges have been dropped at least 2 times, then another prosecution attorney brings them back. I was arrested for trespass on a storage facility that I have rented a space from for 2 years. I told the officer I am a tenant, during the handcuffing I was hit and fell to the asphalt driveway. More than a year later and it's still on. THANKS, I FOUND YOUR VIDEO, COURT IN 2 DAYS. ( Am still asking for 911audio and surveillance video ..Brady? ) 👍👍
Sounds like the statute of limitations for trespassing is up to 3 years. So U R at least 2 years in. Hang in there buddy. The 3 yr mark will be here before you know it.
It’s pretty insane that the police police can charge you with a crime. Depending on the evidence they’re using, and considering how low the burden is “probable cause,” for an arrest is, that’s really scary to think about how many people’s rights have been trampled on due to police bias. There’s nobody there to at least kind of be someone the police have to answer to. Some things give police too much power to make judgment calls that can change peoples lives forever.
Great videos; I have watched a lot of your videos and the volume on your videos are lower than other videos on RUclips. This lower volume makes it a little harder to watch your videos.
So assuming you are arrested, then released without a charge yet filed and then a charge if filed, isn't the prosecuting agent required to notify the person charged in some fashion and within some time frame of the filing and of the filing of the charge. Doesn't the charging agency have to inform the person charged of how and within what time frame and charge must be responded? That is, it can't be legitimate to just place a record of the charge in law enforcement records to randomly catch up with the person charged when law enforcement randomly comes across them ! !
Oh yes. Ur entitled to fair notice (1 day before ANY proceeding) they almost NEVER do it according to the published RULES OF PROCEDURE. Always challenge their standing & then lack of juris. They simply don't have it unless you gave it to them.
Enjoy your informative videos. FYI your audio comes across low volume in this video, not sure if you use external microphone? If not, get a Bluetooth external tie mic or lapel mic. I’ve seen these used multiple times on other RUclips videos and sound is loud and clear. Cheers
What needs to be done then ? Go down to the records department to get copies made showing it was dismissed or dropped ? Or, hire a lawyer to look into it for you then get copies for yourself ? That would be horrible if you thought it was over and done with, then you go to work to get arrested ! I have seen this happen several times in the casino with the employees. Taken out in cuff’s right in front of everyone 😮 Once this is on your record, it is almost impossible to get another casino job anywhere else unless you have a lot of juice to get you in….
I'm guessing this is why while watching "crime" videos on YT, you'll see a cop pull someone over and the cop finds they have an outstanding warrant, then the person claims they had no idea or they say their case was dismissed and claim there must be some kind of misunderstanding. I always thought they were fos, but this could be the reason.
Even though charges might get dropped or dismissed, if the prosecutor has an alternative path to bring the same charges against the accused but using new evidence that is a real possibility that many people overlook. Especially if someone beat a conviction, so the charges get dismissed for example, but later the accused revealed they did the crime they were accused of. Then whomever they foolishly tell that to goes with that evidence to the prosecutor and bingo new evidence and another trial on the horizon.. so, they got free only to be caught up all over again. If anyone gets free from custody and or all legal responsibilities related to any charges. My advice is stay free, don't do anything to bring you under the scrutiny of the police, prosecutor and judge again. No speeding, no drunk driving, not even j-walking. Nothing illegal and nothing immortal regardless how minor it is, it isn't worth the time wasted and years of your life trying to undo the mess that got made. They should make law a mandatory class in all schools. Maybe more people would stop and think hey you know what i won't steal this car, or rob this bank, or assault this person. Etc. cause it isn't worth it. But the system truly is designed to trap people. Put so many conditions on a person long enough chances are they will fail. That's not exactly good for society to burden them with feeding and housing everyone locked up, but is it also not fair to strip someone of the ability to pay a debt then expect them to pay a large amount of money, or else they go to jail, but sometimes the money still has to be paid regardless. In a situation like that it is unreasonable because the authority takes the person's ability to pay due to ordering them to serve a jail or prison sentence. Thus making most people incapable of holding a job necessary to pay the debt they are expected to pay. So, they committ another crime to pay off the one before and never get things right ever again cause there isn't any significant programs or institutions that work at prevention, rather than punishment after the fact. Preventing crimes as well as disease is a much cheaper more cost effective option than spending large amounts of money on the preferred method of punishment, but that's not rehabilitation, therefore people just study how to improve their craft whatever it might be lying, cheating, stealing and anything else. Which is the opposite of what the justice system should want and society also should not want that, but ironically the justice system and society members seem to prefer violence and punishment and so on, rather than happy non-violent and preventative measures to ensure people don't do crime to begin with, or if they try it once they don't repeat the act again. Because they do a training program that gives them skills and some dignity and they feel good about themselves. A psychiatrist or psychologist said once you take away someone's happiness whether it a relationship, a good paying job, take someone's kids away, etc. Then individual is more inclined to do negative things and they could be criminal acts. Unfortunately the world has this 'it's not my problem " mentally and therefore can't be bothered to help others stay mentally and physically healthy, while providing the person with training necessary to gain skills in order to find a job. Like they don't work at eliminating barriers, instead they create them and who are they? Society everyone in society plays a role in this. Sure the accused bears responsibility for the role they play, but other people do have a certain amount of responsibility too, since the rest of society wants to live in peace and enjoy themselves and to have the ability to work and earn a living, if for nothing else but the basic human rights food, clothing, and shelter. I have heard many times in different jurisdictions the same complaint that penalties are not strong enough, while at the same time those same people say don't like being burdened with paying for the added punishment through their tax dollars. Seems silly to beg for more prisons then cry about their being more prisons. Because more prisons means society accepts and wants more crime to happen in order to necessitate having more prisons. Which allegedly is not what society wants while they are begging for what they don't want while saying it isn't what they want. Society members in all jurisdictions tend to be equals in this foolish game of they want more security, without making any adjustments, just expecting the accused to adjust themselves accordingly. Meanwhile most of those people don't feel obligated to follow orders after a life of crime. In many ways laws in my view are illegal and unconstitutional violations of our rights. Many would disagree and that's ok, plus some laws are just unnecessary since other laws already deal with those issues. Plus, one jurisdiction may have a law or by-law that another jurisdiction does not. Like in some states you can openly carry a firearm, and in other states that is illegal. But not everyone is studying for the bar exam. So, most people make the wrong decision based on what they think or what they have been led to believe. That turns out to be false Information and they pay the consequences, but sometimes ignorance has been accepted as a defense in some cases, not something to rely upon, especially on a first offense, but occasionally charges get dropped because someone simply didn't know they were doing something wrong. However, in other situations there is no excuse anyone will accept. So, it goes both ways. Then if you cross into Canada with a firearm you can legally openly carry in the states it becomes illegal in Canada because you have to store the firearm in a separate locked box, and the ammunition locked in a separate box. But if people don't know that, they can still be subject to arrest and potentially serious weapons charges. Some people have mentioned when driving they accidentally got onto the road heading for Canada, but didn't necessarily want to go to Canada. Next thing they know they're dealing with customs officers and at the border possession of marijuana as an example is illegal, but in some jurisdictions within USA it has been legalized, similar to it being legalized in Canada with some restrictions still in place. So, knowing the law, as well as knowing what to do whenever dealing with those issues are important lessons to learn before getting arrested or to avoid getting arrested and charged and potentially convicted later on.
The trial promises when I finish the program advocate for anger i finish and paying for program people and them program is done me i never send the letter to the mail why since 7 months ago I never sent too the mail
If it says closed /terminated does that mean they’re going to reopen it when let’s say(blood work come back for DUI) or is it closed/terminated because they don’t want to move forward? WA State.
So, if the accused is set free from custody or perhaps conditions it because of the obligation the judge has to release someone after 3 days as long as the prosecutor hasn't filed charges. So, they aren't dismissing the case entirely, just letting someone go pending charges being laid. Sort of like releasing someone on bail pretrial before the accused is found or proven guilty. The person is technically free, but still has to be careful of their actions such as it would be wise they avoid any of the things that may have led the police to make an arrest. Ideally keep the peace and be on good behavior is good regardless what's going on, but important to do whenever a judge sets you free not from potentially being convicted of a criminal offense, but free from the hold or restrictions they can place upon an accused during those 3 days that charges have not been filed, or not brought against someone however you want to say it. So, i guess the problem is people assume the entire matter has been resolved at that point, but that's closer to the beginning of the legal proceedings, not near the end of the proceedings. The being set free aspect isn't being set free of any further consequences, just being set free because no charge was laid , but charges can come. Especially since some laws allow charges to be laid several years later such as in murder cases. But most cases allow charges to be laid after the fact, not sure how much after the fact is legally allowed in each jurisdiction, but there is not statute of limitations for murder so they can arrest and charge someone for murder any time they cause to do so. Although they do get it wrong sometimes. But that is a separate issue. So, the power of the judge over the accused that has not been formally charged is limited to 3 days. However, once the accused is charged the judge has more power to regulate the person's freedoms. Maybe i don't fully understand, but i think i understand well enough. To understand the legal process isn't over at that point and it would be advisable the accused make no statements to anyone other than their lawyer if they have one, or to no one if they're self represented. Especially if they want to preserve the presumed innocence. And to not give the prosecutor any additional help to convict them.
Yo quick help here I've been going to court hearings for a charge that happened 2 years ago didn't know I was charged for it since an arrest was never made so I had a warrant the entire time. Was pulled over and officer let me know I had a warrent so I was booked in then I bailed out anyways there isn't sufficient evidence in my opinion and the officer at the time of the scandal didn't show up too court said she had "training" for my prelim so they extended the hearing for another 2 weeks I'm using a public defender did not want to use a paid attorney.. what should I be waiting/taking action on next ? What info would anybody recommend. Thanks
dismiss; throw out: cease to consider; put out of judicial consideration (ex.: This case is dismissed!) 😂 That's the problem w/BAR mbrs., always changing the meanings of words.
Thanks for letting us know. It is a very complicated and often misunderstood subject for those arrested in Washington state. Lance may have to try and express it another way. Thanks for watching!!
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How much responsibility does the prosecutor have to investigate an alleged crime? If the criminal arrest is based on a "victim's" perjured sworn statement, what should be done by the prosecution? Why aren't the lying "victims" ever prosecuted, or held accountable for the waste of time and money they have caused?
State has the burden (never help the investigation) so proving costs time and money, they count there viable chickens before prosecution
It’s not law, it’s jurist prudence
Other than North Korea, does any other country have as arbitrary a court and justice system as the USA? We seem to be guilty when accused, lying and perjury is encouraged, or expected. Even if you "win" you have just proved you are innocent.
@@nickv1008 Not even. You haven't proven that you are "innocent" you have simply proven you are "not guilty". Semantics but still the system is completely debolical.
@@calicops20 months in, now they are amending the charges ? INNOCENT IS NO EXCUSE? Everyone should be in prison for something,
My charges have been dropped at least 2 times, then another prosecution attorney brings them back. I was arrested for trespass on a storage facility that I have rented a space from for 2 years. I told the officer I am a tenant, during the handcuffing I was hit and fell to the asphalt driveway. More than a year later and it's still on.
THANKS, I FOUND YOUR VIDEO, COURT IN 2 DAYS. ( Am still asking for 911audio and surveillance video ..Brady? ) 👍👍
Have you gone to a preliminary hearing ever? If so, I would hope the judge could say "case dismissed" and that would be that.
Sounds like the statute of limitations for trespassing is up to 3 years. So U R at least 2 years in. Hang in there buddy. The 3 yr mark will be here before you know it.
Very ambiguous explanation, Lance !!!!!
It’s pretty insane that the police police can charge you with a crime. Depending on the evidence they’re using, and considering how low the burden is “probable cause,” for an arrest is, that’s really scary to think about how many people’s rights have been trampled on due to police bias. There’s nobody there to at least kind of be someone the police have to answer to. Some things give police too much power to make judgment calls that can change peoples lives forever.
Does a stop on side of road constitute a custodial arrest and can I ask for miranda as soon as officer talks to me?
Great videos; I have watched a lot of your videos and the volume on your videos are lower than other videos on RUclips. This lower volume makes it a little harder to watch your videos.
So assuming you are arrested, then released without a charge yet filed and then a charge if filed, isn't the prosecuting agent required to notify the person charged in some fashion and within some time frame of the filing and of the filing of the charge. Doesn't the charging agency have to inform the person charged of how and within what time frame and charge must be responded? That is, it can't be legitimate to just place a record of the charge in law enforcement records to randomly catch up with the person charged when law enforcement randomly comes across them ! !
Oh yes. Ur entitled to fair notice (1 day before ANY proceeding) they almost NEVER do it according to the published RULES OF PROCEDURE. Always challenge their standing & then lack of juris. They simply don't have it unless you gave it to them.
Enjoy your informative videos. FYI your audio comes across low volume in this video, not sure if you use external microphone? If not, get a Bluetooth external tie mic or lapel mic. I’ve seen these used multiple times on other RUclips videos and sound is loud and clear. Cheers
Seconded... Volume is very low.
What needs to be done then ? Go down to the records department to get copies made showing it was dismissed or dropped ? Or, hire a lawyer to look into it for you then get copies for yourself ? That would be horrible if you thought it was over and done with, then you go to work to get arrested ! I have seen this happen several times in the casino with the employees. Taken out in cuff’s right in front of everyone 😮 Once this is on your record, it is almost impossible to get another casino job anywhere else unless you have a lot of juice to get you in….
I'm guessing this is why while watching "crime" videos on YT, you'll see a cop pull someone over and the cop finds they have an outstanding warrant, then the person claims they had no idea or they say their case was dismissed and claim there must be some kind of misunderstanding. I always thought they were fos, but this could be the reason.
Even though charges might get dropped or dismissed, if the prosecutor has an alternative path to bring the same charges against the accused but using new evidence that is a real possibility that many people overlook.
Especially if someone beat a conviction, so the charges get dismissed for example, but later the accused revealed they did the crime they were accused of. Then whomever they foolishly tell that to goes with that evidence to the prosecutor and bingo new evidence and another trial on the horizon.. so, they got free only to be caught up all over again.
If anyone gets free from custody and or all legal responsibilities related to any charges. My advice is stay free, don't do anything to bring you under the scrutiny of the police, prosecutor and judge again. No speeding, no drunk driving, not even j-walking. Nothing illegal and nothing immortal regardless how minor it is, it isn't worth the time wasted and years of your life trying to undo the mess that got made.
They should make law a mandatory class in all schools. Maybe more people would stop and think hey you know what i won't steal this car, or rob this bank, or assault this person. Etc. cause it isn't worth it.
But the system truly is designed to trap people. Put so many conditions on a person long enough chances are they will fail. That's not exactly good for society to burden them with feeding and housing everyone locked up, but is it also not fair to strip someone of the ability to pay a debt then expect them to pay a large amount of money, or else they go to jail, but sometimes the money still has to be paid regardless. In a situation like that it is unreasonable because the authority takes the person's ability to pay due to ordering them to serve a jail or prison sentence. Thus making most people incapable of holding a job necessary to pay the debt they are expected to pay. So, they committ another crime to pay off the one before and never get things right ever again cause there isn't any significant programs or institutions that work at prevention, rather than punishment after the fact.
Preventing crimes as well as disease is a much cheaper more cost effective option than spending large amounts of money on the preferred method of punishment, but that's not rehabilitation, therefore people just study how to improve their craft whatever it might be lying, cheating, stealing and anything else. Which is the opposite of what the justice system should want and society also should not want that, but ironically the justice system and society members seem to prefer violence and punishment and so on, rather than happy non-violent and preventative measures to ensure people don't do crime to begin with, or if they try it once they don't repeat the act again. Because they do a training program that gives them skills and some dignity and they feel good about themselves.
A psychiatrist or psychologist said once you take away someone's happiness whether it a relationship, a good paying job, take someone's kids away, etc. Then individual is more inclined to do negative things and they could be criminal acts.
Unfortunately the world has this 'it's not my problem " mentally and therefore can't be bothered to help others stay mentally and physically healthy, while providing the person with training necessary to gain skills in order to find a job.
Like they don't work at eliminating barriers, instead they create them and who are they? Society everyone in society plays a role in this.
Sure the accused bears responsibility for the role they play, but other people do have a certain amount of responsibility too, since the rest of society wants to live in peace and enjoy themselves and to have the ability to work and earn a living, if for nothing else but the basic human rights food, clothing, and shelter.
I have heard many times in different jurisdictions the same complaint that penalties are not strong enough, while at the same time those same people say don't like being burdened with paying for the added punishment through their tax dollars. Seems silly to beg for more prisons then cry about their being more prisons. Because more prisons means society accepts and wants more crime to happen in order to necessitate having more prisons. Which allegedly is not what society wants while they are begging for what they don't want while saying it isn't what they want. Society members in all jurisdictions tend to be equals in this foolish game of they want more security, without making any adjustments, just expecting the accused to adjust themselves accordingly. Meanwhile most of those people don't feel obligated to follow orders after a life of crime.
In many ways laws in my view are illegal and unconstitutional violations of our rights. Many would disagree and that's ok, plus some laws are just unnecessary since other laws already deal with those issues. Plus, one jurisdiction may have a law or by-law that another jurisdiction does not. Like in some states you can openly carry a firearm, and in other states that is illegal. But not everyone is studying for the bar exam. So, most people make the wrong decision based on what they think or what they have been led to believe. That turns out to be false Information and they pay the consequences, but sometimes ignorance has been accepted as a defense in some cases, not something to rely upon, especially on a first offense, but occasionally charges get dropped because someone simply didn't know they were doing something wrong. However, in other situations there is no excuse anyone will accept. So, it goes both ways.
Then if you cross into Canada with a firearm you can legally openly carry in the states it becomes illegal in Canada because you have to store the firearm in a separate locked box, and the ammunition locked in a separate box. But if people don't know that, they can still be subject to arrest and potentially serious weapons charges. Some people have mentioned when driving they accidentally got onto the road heading for Canada, but didn't necessarily want to go to Canada. Next thing they know they're dealing with customs officers and at the border possession of marijuana as an example is illegal, but in some jurisdictions within USA it has been legalized, similar to it being legalized in Canada with some restrictions still in place.
So, knowing the law, as well as knowing what to do whenever dealing with those issues are important lessons to learn before getting arrested or to avoid getting arrested and charged and potentially convicted later on.
The trial promises when I finish the program advocate for anger i finish and paying for program people and them program is done me i never send the letter to the mail why since 7 months ago I never sent too the mail
If it says closed /terminated does that mean they’re going to reopen it when let’s say(blood work come back for DUI) or is it closed/terminated because they don’t want to move forward? WA State.
So, if the accused is set free from custody or perhaps conditions it because of the obligation the judge has to release someone after 3 days as long as the prosecutor hasn't filed charges.
So, they aren't dismissing the case entirely, just letting someone go pending charges being laid.
Sort of like releasing someone on bail pretrial before the accused is found or proven guilty.
The person is technically free, but still has to be careful of their actions such as it would be wise they avoid any of the things that may have led the police to make an arrest.
Ideally keep the peace and be on good behavior is good regardless what's going on, but important to do whenever a judge sets you free not from potentially being convicted of a criminal offense, but free from the hold or restrictions they can place upon an accused during those 3 days that charges have not been filed, or not brought against someone however you want to say it.
So, i guess the problem is people assume the entire matter has been resolved at that point, but that's closer to the beginning of the legal proceedings, not near the end of the proceedings.
The being set free aspect isn't being set free of any further consequences, just being set free because no charge was laid , but charges can come. Especially since some laws allow charges to be laid several years later such as in murder cases. But most cases allow charges to be laid after the fact, not sure how much after the fact is legally allowed in each jurisdiction, but there is not statute of limitations for murder so they can arrest and charge someone for murder any time they cause to do so. Although they do get it wrong sometimes. But that is a separate issue.
So, the power of the judge over the accused that has not been formally charged is limited to 3 days. However, once the accused is charged the judge has more power to regulate the person's freedoms. Maybe i don't fully understand, but i think i understand well enough. To understand the legal process isn't over at that point and it would be advisable the accused make no statements to anyone other than their lawyer if they have one, or to no one if they're self represented. Especially if they want to preserve the presumed innocence. And to not give the prosecutor any additional help to convict them.
Good info. Hope I never have to put that knowledge to use 🙂
I am so confused
Yo quick help here I've been going to court hearings for a charge that happened 2 years ago didn't know I was charged for it since an arrest was never made so I had a warrant the entire time. Was pulled over and officer let me know I had a warrent so I was booked in then I bailed out anyways there isn't sufficient evidence in my opinion and the officer at the time of the scandal didn't show up too court said she had "training" for my prelim so they extended the hearing for another 2 weeks I'm using a public defender did not want to use a paid attorney.. what should I be waiting/taking action on next ? What info would anybody recommend. Thanks
California by the way
Law is so complicated and confusing.
What attorney do I talk to?
dismiss; throw out: cease to consider; put out of judicial consideration (ex.: This case is dismissed!)
😂 That's the problem w/BAR mbrs., always changing the meanings of words.
How many days is three court dates?
Or how long is three court dates? so if three court appearances go by its dismissed if not charged yet but? but it may not be?
Thanks I can't give a like on this video because as well intentioned, I didn't understand it.
Thanks for letting us know. It is a very complicated and often misunderstood subject for those arrested in Washington state. Lance may have to try and express it another way. Thanks for watching!!