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Old 06-21-2019, 11:55 PM
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Originally Posted by Ghost863 View Post
I don't know about the rest of Florida but I do know that in Polk county, the legal system (law enforcement, judges and lawyers) pretty much do what they want. All 4 of the county jails are owned by 13 people, 12 are judges and the 13th is our sheriff. So I feel it is a conflict of interest for them to administer "justice" especially in 1996 they charged the state $98.00 a day to house each inmate and it only cost $8.00 a day to house each inmate. not to mention the fines and court costs and now if you go to jail you even have to buy your underwear from the jail and cannot have any from the outside. The sheriff charges $8.00 a pair, and when you are taken to book in he charges you $150.00 for the nurse that just sits there and asks you question. I believe it is organized crime at it's finest, but that is just my opinion (and no I am not bashing on law enforcement in general, just telling how it is in the county in which I live)
In other words, stupid judges being stupid.
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Old 06-22-2019, 12:06 AM
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Originally Posted by hawk55732 View Post
In other words, stupid judges being stupid.
I don't think they are being stupid as much as I believe that their motivation is financial. I mentioned our 4 county jails. Well each cell is designed for a maximum of 30 people and there are 10 cells to a dorm. That is a maximum capacity of 300 people per dorm. I have been in a dorm that had as many as 80 to 90 per cell. That is 900 people per dorm. It is a money racket. That is why I called it organized crime. Now take that $98.00 and multiply that times 900 people and that is what they made per day off of one dorm alone.
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Old 06-22-2019, 12:10 AM
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Sounds like someone needs to get the state DA or the FBI involved.
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Old 06-22-2019, 12:14 AM
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Originally Posted by hawk55732 View Post
Sounds like someone needs to get the state DA or the FBI involved.
I remember in 1996 when I was in there for 182 days, the state inspectors came to inspect the jail. They took all but those required to fill their quota and put us on a buses and drove us around the county for 4 hours until the inspectors left.
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Old 06-22-2019, 05:20 AM
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Originally Posted by hawk55732 View Post
Sounds like someone needs to get the state DA or the FBI involved.
They're more crooked than the locals.
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Old 06-22-2019, 07:30 AM
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Quote:
Originally Posted by Snyper708 View Post
You're confusing a lawyer's BS double-talk with reality.
Actually, no. He is simply providing a Prima Facie reading of Florida's statute, along with its legislative intent, as well as that of doctrine of stare decisis.

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Originally Posted by Snyper708 View Post
Taking guns that didn't belong to her is theft, regardless of her "intent".
If you don't understand intent, then you don't understand law. Read animus nocendi, animus possidendi, and mens rea.

Quote:
Originally Posted by Snyper708 View Post
You've yet to show the statute you think makes her actions legal.It's not our job to hunt for your proof.
It really isn't that difficult to Google the statute.

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Originally Posted by justin22885 View Post
also, is there anything in the law that says his agreement with the judge that he not possess weapons while awaiting trial, that he must turn them over to police, and not to a family member or sell them?.. after all, he isn't even convicted, merely accused and given her actions, it makes me question if there is more to the story not being told here... if he truly did the things the article claims he did, a judge releasing him to await trial seems awfully odd
The judiciary does have a certain degree of bona fide discretion in its application of the law. If, for example, by a preponderance of the evidence, it was determined that the defendant receiver(s) would intentionally, knowingly, or negligently provide his firearms back to the defendant, the judiciary can take notice of such and impose sanctions.

Hence the answer to your question, is yes.

I don't like the fact that this woman entered his apartment and took his property, but given the totality of the circumstances with respect to the documented reasons for her to be in fear of her life and the court's order, strictly speaking, there wasn't a crime committed.

If I would have been the LEO who received the firearms, I would have warned her to not to do such again, and written a complete report and submitted it to the prosecutor's office for a determination for her being charged.
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Old 06-22-2019, 07:34 AM
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Quote:
Originally Posted by hawk55732 View Post
If that is the case then anyone could take anything of anyone's to the police and nothing would be wrong.

Is that what you are trying to say?
No, I am not stating such. Though I am stating that given the circumstances, there were many better ways to handle such.
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Old 06-22-2019, 07:37 AM
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As a former Florida LEO and a current Florida lawyer, I can tell you that she did commit armed burglary and theft.

She did not have the right to take the law into her own hands, enter someone else's home and take his property, no matter what her intentions were. In the end I doubt the State Attorney will prosecute her, but the arrest was justified.

Florida's theft statute provides:

812.014 Theft.—
(1) A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:
(a) Deprive the other person of a right to the property or a benefit from the property.


Florida's burglary statute provides:

810.02 Burglary.—
(1)(a) For offenses committed on or before July 1, 2001, “burglary” means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain.
(b) For offenses committed after July 1, 2001, “burglary” means:
1. Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or
2. Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance:
a. Surreptitiously, with the intent to commit an offense therein;
b. After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or
c. To commit or attempt to commit a forcible felony, as defined in s. 776.08.
(2) Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender:
(a) Makes an assault or battery upon any person; or
(b) Is or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon; or
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Old 06-22-2019, 07:39 AM
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Quote:
Originally Posted by Harmless Drudge View Post
The central element of theft is the intent to deprive the lawful owner of their property. When you consider what it takes to get property back from the police, coupled with their intentional and unintentional propensity to misuse/damage/lose property, it is likely that he will never see his property again.

Yup, theft.

Burglary, too.
I understand your point, but that is really beyond her purview.
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Old 06-22-2019, 07:47 AM
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As a former Florida LEO and a current Florida lawyer, I can tell you that she did commit armed burglary and theft.
By a strict reading of the law, I would agree that she violated the law. Though such would be a determination at verdict.

Quote:
Originally Posted by Jdog67 View Post
She did not have the right to take the law into her own hands, enter someone else's home and take his property, no matter what her intentions were.
Criminal intent is necessary for conviction. Her intent wasn't criminal as such, but rather that of self preservation.

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Originally Posted by Jdog67 View Post
In the end I doubt the State Attorney will prosecute her, but the arrest was justified.
Possibly, but the arrest wasn't necessary.
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Old 06-22-2019, 07:50 AM
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Quote:
Originally Posted by Jdog67 View Post
...Florida's theft statute provides:

812.014 Theft.—
(1) A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:
(a) Deprive the other person of a right to the property or a benefit from the property.


Florida's burglary statute provides:

810.02 Burglary.—
(1)(a) For offenses committed on or before July 1, 2001, “burglary” means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain.
(b) For offenses committed after July 1, 2001, “burglary” means:
1. Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or
2. Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance:
a. Surreptitiously, with the intent to commit an offense therein;
b. After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or
c. To commit or attempt to commit a forcible felony, as defined in s. 776.08.
(2) Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender:
(a) Makes an assault or battery upon any person; or
(b) Is or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon; or
She was charged with Armed Burglary of a dwelling and Grand Theft of a Firearm
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Old 06-22-2019, 07:50 AM
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And this Gentlemen is why I choose to be single for the last 10 years and not date women, I have found that there are some that are certifiable crazy and not worth the troubles they can cause in ones life, I was raised to never raise a Hand towards a women in anger and would never, but there are women that would take advantage of a man in a heart beat if things didn't go their way and this may be one of those cases
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Old 06-22-2019, 07:56 AM
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Originally Posted by Mr. Sockpuppet View Post


Criminal intent is necessary for conviction. Her intent wasn't criminal as such, but rather that of self preservation.
I disagree, her intent was criminal. She intended to enter his home without permission and deprive him of his property. That's criminal intent.

If he had come home and found her in his house with his guns, he would have been is a position where he was LEGALLY ENTITLED to kill her. It's not an act of self preservation to put herself in such a position. If she was truly fearing for her life, she would have gone into hiding until the police took possession of his weapons by service of the court order.
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Old 06-22-2019, 08:29 AM
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Originally Posted by ActionJackson View Post
The judge had no business depriving a man of self protection. The woman had no right to steal a person's private property. She was being vindictive and is probably the cause for the initial strife in the marriage to begin with. I've known women who would taunt and provoke their husbands to the point of driving them "up the wall." Glad she got arrested.


This is sad but so true. I lost my Arkansas CCP for making contact with my wife while we were in the process of a divorce. We had a no contact order in place. I caught her coming out of MY house. The children were not with me so she had no excuse to be on my property. But because I stopped her, IN THE F-ing drive way, I was arrested and charged with domestic violence. Domestic violence because I opened her truck door while she was in it. Some women know how to work the system to keep what they want. I lost almost everything in that divorce. $4,000 worth of rcbs reloading equipment went to the down payment on fake boobs. Lost my lawn business and tools, most of my preps and house and property. I was left with 1/4 acre of land, a 14x54 mobile home,my boat,and my 85 chevy work truck.
But I do have custody of my kids now. No child support though. Her live in boyfriend was touching my 12 yr old daughter on the “side” of her boobs and inside thighs No assault charges filled!!!!! Ive tried twice to press indecency with a child charges to no avail.


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Old 06-22-2019, 08:51 AM
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SNIP " ...If you don't understand intent, then you don't understand law. Read animus nocendi, animus possidendi, and mens rea.
....."

her mens rea appears to be that she wanted to demonstrate to the man that she was in charge ...STILL.

ex-1 told the judge that God had told her that she had the right to interfer and meddle in my life after we divorced, to ensure I was miserable.

judge did not correct her
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Old 06-22-2019, 08:58 AM
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Originally Posted by Hammer 1 View Post
This is sad but so true. I lost my Arkansas CCP for making contact with my wife while we were in the process of a divorce. We had a no contact order in place. I caught her coming out of MY house. The children were not with me so she had no excuse to be on my property. But because I stopped her, IN THE F-ing drive way, I was arrested and charged with domestic violence. Domestic violence because I opened her truck door while she was in it. Some women know how to work the system to keep what they want. I lost almost everything in that divorce. $4,000 worth of rcbs reloading equipment went to the down payment on fake boobs. Lost my lawn business and tools, most of my preps and house and property. I was left with 1/4 acre of land, a 14x54 mobile home,my boat,and my 85 chevy work truck.
But I do have custody of my kids now. No child support though. Her live in boyfriend was touching my 12 yr old daughter on the “side” of her boobs and inside thighs No assault charges filled!!!!! Ive tried twice to press indecency with a child charges to no avail.


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I would have "disappeared" that POS.
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Old 06-22-2019, 09:10 AM
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My abusive husband was recently talking about getting a shotgun. I told him I would not help him, and how would he feel if he woke up from a blackout and found his favorite cat dead on the floor? That stopped him for a while.

If I were on the jury, I would not convict. It's not a "she said he was abusive" he ran her off the road and tried to kill her. That is pretty clear intent of wanting to hurt her.

I know some of you have run afoul of DV charges but it is a natural instinct to protect oneself. She does not want to spend the rest of her life in a wheelchair, or force her family to buy her coffin in a week.

There are a lot of women killed by current/ex partner every year. 114 just in Texas, in 2012.

I looked up some statistics: The presence of a gun in a domestic violence situation increases the risk of homicide by 500%

Why wouldn't she try to get rid of them? You all are so eager to defend a wife beater and accuse HER of being a criminal.
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Old 06-22-2019, 09:46 AM
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Originally Posted by PurpleKitty View Post
You all are so eager to defend a wife beater and accuse HER of being a criminal.
I re-read all the posts on this thread, not one person defended the ex-husband's behavior. Most people are condemning the ex-wife's criminal behavior, and a couple are defending it. If you think people are defending the ex-husband's behavior you have some serious reading comprehension problems.
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Old 06-22-2019, 09:53 AM
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Quote:
Originally Posted by Mr. Sockpuppet View Post
By a strict reading of the law, I would agree that she violated the law. Though such would be a determination at verdict.



Criminal intent is necessary for conviction. Her intent wasn't criminal as such, but rather that of self preservation.



Possibly, but the arrest wasn't necessary.
Except that her intent WAS criminal. She took ththe property of another person with the intent to deprive them of its use. That's theft. It's also stupid to walk into the home of someone you fear and rob them.
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Old 06-22-2019, 09:59 AM
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Originally Posted by Nefarious1 View Post
I would have "disappeared" that POS.


Its funny how the 2500 sq ft barn burnt 2 weeks after my son told me she sold my daddy’s reloading equipment that ive had since 1994. She still has my sons guns that I left him and 2 that her father left my son in a will. Ive been waiting for a court date for 6 months now for child support and civil matters. My kids are actually in state approved foster care. Im fostering my OWN CHILDREN!!!!! She’s got a good lawyer. Tight jeans and fake boobs move mountains and sway men


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