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January 29th, 2010, 02:46 PM #1
Time limit to file appeal for LTCF a liability?
I'm wondering if anyone has firsthand knowledge of a court granting a continuance in the case of a LTCF revocation? I'm thinking specifically of instances when a non-prohibiting charge or conviction triggers the 'character clause', resulting in the revocation. In these cases, the appellant must almost always file, and usually present his case either before the criminal case is decided, or after an MDJ conviction, but before a CCP appeal can take place.
It seems that Sheriffs have the upper hand when they can cite charges pending, or a lower court conviction when the appellant can only cite a pending appeal. With clear favor already weighted towards LEOs, it seems the realistic timing of both processes presents yet another hurdle to the citizen trying to take advantage of the due process he is supposed to have afforded to him.
Thoughts?Last edited by gnbrotz; January 29th, 2010 at 03:44 PM.
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January 29th, 2010, 03:18 PM #2
Re: Time limit to file appeal for LTCF a liability?
I was thinking about this the other day after reading the York travisty of justice, as I'm sure many of us have. Then my oldest son told me about an incident where a friend of his was just charged with the unlawful act of "being within 50yds of an oppressive pissied off cop", (I think they call that DC). I told him that it was going to cost his friend some big bucks but he should fight it to the hilt.
The mere fact that the character clause can be invoked with charges alone, flys in the face of innocent until proven guilty.
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January 29th, 2010, 03:20 PM #3
Re: Time limit to file appeal for LTCF a liability?
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January 29th, 2010, 03:26 PM #4
Re: Time limit to file appeal for LTCF a liability?
your gonna need a lawyer for this, my experience is the Sheriff can just randomly pic someones LTCF and revoke it with out proof, then it is up to you to fight for it back, if you or whome ever was not criminally charged, get a laywer to sue the sheriff for the answers and posibly the LTCF back.
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January 29th, 2010, 03:30 PM #5
Re: Time limit to file appeal for LTCF a liability?
I'm very familiar with the LTCF revocation process. This thread is intended to discuss the potential additional burden when a criminal charge is involved due to the typical time it takes for the two separate matters to make their way through the system, not any specific pending revocation.
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January 29th, 2010, 03:31 PM #6Active Member
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Re: Time limit to file appeal for LTCF a liability?
It still amazes me what our justice system does to our citizens everyday. It
makes me want to do this......
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January 29th, 2010, 03:43 PM #7
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