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Old 19-10-2011, 17:29   #1
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Update on Joe's Arrest

For those of you who followed Joe's arrest in August for failure to change his address on vehicle registration while we live aboard the criminal part is complete.

This was a class 2 misdemeanor charge with significant fines and jail time so we hired a defense attorney. A secondary traffic citation for expired tags was issued we did not fight this.

Nothing happened at arraignment the judge elected a bench trial which was today. In the meantime while waiting Joe lost several job opportunities since he is an armed officer who was out on bail. The arresting officer also came to the marina twice to try to prove this was our permanent residence.

The state attorney elected to Nolle Prosse the criminal charge today so it was thrown out essentially. We have a ticket to pay for the tag being expired. For those of you who wondered, yes in the state of Florida you can be arrested for failure to change your address on vehicle registration!

We are out alot in attorneys fees and part of the bail and court costs and a civil suit is pending.
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Old 19-10-2011, 17:40   #2
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Re: Update on Joe's Arrest

Am I missing something here?

The law is
Quote:
in the state of Florida you can be arrested for failure to change your address on vehicle registration!
and Joe disregarded this law and was arrested
Quote:
Joe's arrest in August for failure to change his address on vehicle registration
Cut and dried isnt it?
So why oh why would you throw all this money at it?
Quote:
We are out alot in attorneys fees and part of the bail and court costs
Quote:
The arresting officer also came to the marina twice to try to prove this was our permanent residence.
and is it?
Is this the reason you are fighting it, the boat is not your permanent residence?
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Old 19-10-2011, 17:46   #3
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Re: Update on Joe's Arrest

I think catmando that a significant part of the community is terrified by the law.

Lawyers know this and being a former lawyer, they trade on it!

Most people's experience with law comes from the drama of Hollywood.

That makes it potentially worth "throwing money at it"
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Old 19-10-2011, 17:47   #4
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Re: Update on Joe's Arrest

Hey there Tori. Glad to hear that the headache is finally over with. Sorry that you two got sucked into the legal system in this way. Thanx for the update. I, and I'm sure many, were curious as to the outcome. Glad to hear that the DA acted reasonably and dumped the criminal charge. Best of luck moving forward!

Link to original thread:

Joe Was Arrested
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Old 19-10-2011, 17:49   #5
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Re: Update on Joe's Arrest

Quote:
Originally Posted by cat man do View Post
Am I missing something here?

The law is


and Joe disregarded this law and was arrested


Cut and dried isnt it?
So why oh why would you throw all this money at it?



and is it?
Is this the reason you are fighting it, the boat is not your permanent residence?
You should read the original thread on this. Who would know, that a minor bureaucratic issue like an address on your vehicle registration could lead to the application of serious force of the criminal apparatus of the state against you. I am a lawyer, and it didn't occur even to me. I haven't had a real residence in the U.S. in 20 years, yet have some cars registered in Georgia and have a Tennessee driver's license - just because I don't have any other address in the US, the same situation Joe found himself in.

I am entirely sympathetic to Joe and Tori, myself, and their case could happen to any cruiser who lives a lifestyle which does not fit the usual patterns of American life, which is why the topic is very relevant to this Forum.

I would also like to thank Tori for the careful, articulate, calm style in which she posted about these stressful events. CF at its best, in my opinion.
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Old 19-10-2011, 17:53   #6
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Re: Update on Joe's Arrest

I'm glad someone is standing up to these thugs. They pretty much get away with anything (including murder up here in Seattle) Saw a poster the other day that read: "Police the biggest gang in America" it's unfortunate for the good cops that there is so much of this going on.....
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Old 19-10-2011, 18:09   #7
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Thanks for the replies and yes if you haven't read the original thread you should. We live on our boat and use the marina as a mailing address however since we own a home that is the permanent address we use for vehicle registrations taxes and other such items.

The entire point is that this was a waste of police time, court time, tax payer dollars, and a stressful and entirely unnecessary arrest and detainment of over four hours . This is an abuse of police power in the worst way. There are real criminals out there who harm other people, they rob, they use drugs, they shoot people. But in this case four officers, a judge, all the people required for booking and paperwork was a waste of time and money...all over an address which we can legally use.

I originally posted this out of anger and frustration but I am sure many liveaboards and cruisers may not have the correct address on their drivers licenses and vehicle registration. So this could be a real issue should others come across this situation.

And additionally having a misdemeanor on an otherwise clean record could affect Joes future employment so we did not want that on his record.

Thanks again and will keep everybody posted.
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Old 19-10-2011, 18:26   #8
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Re: Update on Joe's Arrest

I certainly have not seen every aspect of criminal justice in this country but it seems weird that a cop had nothing better to do than arrest and book someone for not updating their registration as the sole crime.
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Old 19-10-2011, 18:27   #9
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Re: Update on Joe's Arrest

I'm glad of the out come and glad it was thrown out. But is it just a way to not judge the case untill later with somebody else? Or can this judgement be used in other folks cases. Lawyers and ex lawyers but are judges are sneaky at hiding the real.
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Old 19-10-2011, 18:32   #10
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Re: Update on Joe's Arrest

Glad it worked out!

I am registered to vote in Key West, and homesteaded in Sarasota... I'm sure I violated a law in there somewhere..LOL!
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Old 19-10-2011, 18:36   #11
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Quote:
Originally Posted by rebel heart
I certainly have not seen every aspect of criminal justice in this country but it seems weird that a cop had nothing better to do than arrest and book someone for not updating their registration as the sole crime.
Read the original post "Joe was arrested" it has all the details. But, no, we were not doing anything wrong, do not look like hoodlums, and did not argue with the officers. Hence why I feel we were wronged.

Do not be fooled into thinking that all police are good or that you aren't breaking the law. This officer wanted an arrest and searched long and hard to find a reason. I am sure there is some agenda we will never know about.
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Old 19-10-2011, 18:38   #12
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Quote:
Originally Posted by webejammin
I'm glad of the out come and glad it was thrown out. But is it just a way to not judge the case untill later with somebody else? Or can this judgement be used in other folks cases. Lawyers and ex lawyers but are judges are sneaky at hiding the real.
No judgement was made either way the case was dropped probably due to the state feeling they didn't have enough to make the charges stick. That is just speculation but it is called "Nulle Prosse" and if you research the term it is interesting.
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Old 19-10-2011, 18:58   #13
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Re: Update on Joe's Arrest

Quote:
Originally Posted by cat man do View Post
Am I missing something here?

The law is


and Joe disregarded this law and was arrested


Cut and dried isnt it?
So why oh why would you throw all this money at it?



and is it?
Is this the reason you are fighting it, the boat is not your permanent residence?

I suggest you go back and read the whole thread instead of asking questions that were answered some time ago.
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Old 19-10-2011, 19:02   #14
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Re: Update on Joe's Arrest

Quote:
Originally Posted by Tori View Post
No judgement was made either way the case was dropped probably due to the state feeling they didn't have enough to make the charges stick. That is just speculation but it is called "Nulle Prosse" and if you research the term it is interesting.
Where I live "Nulle Prosse" means "Bullshit". Just another case of "Those with the guns make the rules". Glad it worked out for the best.
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Old 19-10-2011, 19:03   #15
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Quote:
Originally Posted by cburger

Where I live "Nulle Prosse" means "Bullshit". Just another case of "Those with the guns make the rules". Glad it worked out for the best.
You are absolutely correct!
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