r49miner
Jr. Member
I am Chuck The Miner and I brought this over from GoldDredger.com Discussion Forum's. It's located in Matt's Treasure Hunting.
I brought this here because I believe we may find a few who may want to fight for others in trouble, by making sure intrapment, and other laws are not broken. I hate seeing this person go through this by himself. You'll see why once you read the continuing story. Please pass this around to other groups in Florida, we don't want anyone else lured in to something like this.
Thank You
"SOUNDING OFF PART 2 -DAVE ROSS"
Geez Dave what can I say. It looks like the State has got you by the throat and holding you up in the air while choking you to put the fear in all of the public over arrowheads. Here are some items, call them food for thought and only the things I would do if I were in your place.
A lot of pressure is on you. You have lost your job and pension which is very importent. I would want to be exonerated, job reinstated, and my pension reinstated. The State will come at you with a plea bargin and a lot of pressure. Except it. If accepted it is an admission of guilt and no job will be allowed. They may ask you to accept a lesser penilty like no prison time and community service. Remember you have some god given rights in this country and you do not have to accept it. A trial by judge is out of the question. Lawyers, judges and State officials make strange bed fellows. A quick trial is a no-no. Trial by jury is the only way. It is important on any and all documents to have the wording "Your job and pension will be reinstated with out fear of reprisal or harresement in the future". So no one can come back at you in a year or two and fire you because of this.
A judge will order Mediation before coming to trial. There may be several. It is a legal and binding agreement. Mediators are usually retired judges who have been on the bench. Remember if you do not come to an agreement no one can force you to sign off on one. You have a right to ask for a list of judges whom have ruled favoribly in this area and a list of those whom did not. Both sides must be in agreement on the judge chosen. Mediate it out and when an agreement can not be reached it then goes to trial. In mediation any and all chips can be placed on the table and are open for bargining.
Begal posted a very interesting paralel comparing federal law and state law, under Souding Off part one, they differ and the federal law should superseed the state. Have your attorney check this closely.
Whit, I would have my attorney put her on notice. Whit will probably not be her real name. She needs to be told you are looking into a civil suit because of fraud and misrepresention and then have your attorney file on one. This could be the best ally you have. The state will send her a bill for services rendered and if she looses she will be required to pay charges for both sides. If you are dis satisfied with your attornet you can dismiss him and seek a new one at any time. In Florida once an attorney takes on a case they are not allowed to drop you.
Personaly I would like to know when the first court order was issued, was it done after she contacted you on the net or after her first conversation? I know the search of your house had one before hand, catch my drift? They were not allowed to record you with out a court order. I would check this area carefully and eyeball the paper work for errors.
This is the hardest part as it could drag on for a couple of years. You have got to get on with your life, find a job and say nothing to them about needing time off in the future. These are all areas I am familiar with as I worked for the government at one time. Good luck be patient and try not to be fearfull of doing any jail time. It will be used to scare you out of your mind and confuse ones thinking. Attorneys as a rule will never tell a person their game plan or stratagy as they don't want some one going off half loaded. God speed and protect your rights. Marv.
I brought this here because I believe we may find a few who may want to fight for others in trouble, by making sure intrapment, and other laws are not broken. I hate seeing this person go through this by himself. You'll see why once you read the continuing story. Please pass this around to other groups in Florida, we don't want anyone else lured in to something like this.
Thank You
"SOUNDING OFF PART 2 -DAVE ROSS"
Geez Dave what can I say. It looks like the State has got you by the throat and holding you up in the air while choking you to put the fear in all of the public over arrowheads. Here are some items, call them food for thought and only the things I would do if I were in your place.
A lot of pressure is on you. You have lost your job and pension which is very importent. I would want to be exonerated, job reinstated, and my pension reinstated. The State will come at you with a plea bargin and a lot of pressure. Except it. If accepted it is an admission of guilt and no job will be allowed. They may ask you to accept a lesser penilty like no prison time and community service. Remember you have some god given rights in this country and you do not have to accept it. A trial by judge is out of the question. Lawyers, judges and State officials make strange bed fellows. A quick trial is a no-no. Trial by jury is the only way. It is important on any and all documents to have the wording "Your job and pension will be reinstated with out fear of reprisal or harresement in the future". So no one can come back at you in a year or two and fire you because of this.
A judge will order Mediation before coming to trial. There may be several. It is a legal and binding agreement. Mediators are usually retired judges who have been on the bench. Remember if you do not come to an agreement no one can force you to sign off on one. You have a right to ask for a list of judges whom have ruled favoribly in this area and a list of those whom did not. Both sides must be in agreement on the judge chosen. Mediate it out and when an agreement can not be reached it then goes to trial. In mediation any and all chips can be placed on the table and are open for bargining.
Begal posted a very interesting paralel comparing federal law and state law, under Souding Off part one, they differ and the federal law should superseed the state. Have your attorney check this closely.
Whit, I would have my attorney put her on notice. Whit will probably not be her real name. She needs to be told you are looking into a civil suit because of fraud and misrepresention and then have your attorney file on one. This could be the best ally you have. The state will send her a bill for services rendered and if she looses she will be required to pay charges for both sides. If you are dis satisfied with your attornet you can dismiss him and seek a new one at any time. In Florida once an attorney takes on a case they are not allowed to drop you.
Personaly I would like to know when the first court order was issued, was it done after she contacted you on the net or after her first conversation? I know the search of your house had one before hand, catch my drift? They were not allowed to record you with out a court order. I would check this area carefully and eyeball the paper work for errors.
This is the hardest part as it could drag on for a couple of years. You have got to get on with your life, find a job and say nothing to them about needing time off in the future. These are all areas I am familiar with as I worked for the government at one time. Good luck be patient and try not to be fearfull of doing any jail time. It will be used to scare you out of your mind and confuse ones thinking. Attorneys as a rule will never tell a person their game plan or stratagy as they don't want some one going off half loaded. God speed and protect your rights. Marv.