Cruisers Forum
 


Reply
  This discussion is proudly sponsored by:
Please support our sponsors and let them know you heard about their products on Cruisers Forums. Advertise Here
 
Thread Tools Search this Thread Rate Thread Display Modes
Old 19-10-2011, 16:29   #1
Registered User
 
Tori's Avatar

Join Date: Feb 2011
Location: Sanford, FL
Boat: 1977 S2 8.0
Posts: 310
Images: 56
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.
__________________
Joe & Tori
"Knot Looking Back" 1977 S2 8.0
Clara , Ducky, Miranda and Nalla the Critters
Tori is offline   Reply With Quote
Old 19-10-2011, 16:40   #2
Registered User
 
cat man do's Avatar

Join Date: Aug 2006
Location: Brisbane Australia [until the boats launched]
Boat: 50ft powercat, light,long and low powered
Posts: 4,409
Images: 36
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?
__________________
"Money can't buy you happiness but it can buy you a yacht large enough to pull up right alongside it"...............David Lee Roth
Long Distance Motorboat Cruising – It Is Possible on a Small Budget
cat man do is offline   Reply With Quote
Old 19-10-2011, 16:46   #3
Registered User
 
Johnathon123's Avatar

Join Date: Oct 2009
Location: Northern NSW Australia
Boat: Custom
Posts: 749
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"
__________________
James

"I get knocked down but I get up again" eventually.
Johnathon123 is offline   Reply With Quote
Old 19-10-2011, 16:47   #4
Registered User
 
Aussiesuede's Avatar

Join Date: May 2008
Location: Vancouver, BC & Seattle, WA
Posts: 639
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:

http://www.cruisersforum.com/forums/...ted-67042.html
__________________
I'm On point, On task, On message, and Off drugs. A Streetwise Smart Bomb, Out of rehab and In denial. Over the Top, On the edge, Under the Radar, and In Control. Behind the 8 ball, Ahead of the Curve and I've got a Love Child who sends me Hate mail. - (George Carlin)
Aussiesuede is offline   Reply With Quote
Old 19-10-2011, 16:49   #5
Moderator
 
Dockhead's Avatar

Cruisers Forum Supporter

Join Date: Mar 2009
Location: Denmark (Winter), Helsinki (Summer); Cruising the Baltic Sea this year!
Boat: Cutter-Rigged Moody 54
Posts: 33,764
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.
Dockhead is offline   Reply With Quote
Old 19-10-2011, 16:53   #6
Registered User
 
Cheechako's Avatar

Join Date: Aug 2006
Location: Skagit City, WA
Posts: 25,482
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.....
__________________
"I spent most of my money on Booze, Broads and Boats. The rest I wasted" - Elmore Leonard











Cheechako is offline   Reply With Quote
Old 19-10-2011, 17:09   #7
Registered User
 
Tori's Avatar

Join Date: Feb 2011
Location: Sanford, FL
Boat: 1977 S2 8.0
Posts: 310
Images: 56
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.
__________________
Joe & Tori
"Knot Looking Back" 1977 S2 8.0
Clara , Ducky, Miranda and Nalla the Critters
Tori is offline   Reply With Quote
Old 19-10-2011, 17:26   #8
Registered User
 
rebel heart's Avatar

Join Date: Oct 2005
Posts: 6,185
Images: 3
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.
rebel heart is offline   Reply With Quote
Old 19-10-2011, 17:27   #9
Registered User
 
webejammin's Avatar

Join Date: Mar 2011
Location: Pacific NW, sailing the Columbia River, USA
Boat: Gemini 105MC 34 ft hull#753
Posts: 951
Images: 3
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.
__________________
Wind in my hair and a nice catamaran
Phil & Elaine
webejammin is offline   Reply With Quote
Old 19-10-2011, 17:32   #10
Moderator Emeritus
 
capngeo's Avatar

Cruisers Forum Supporter

Join Date: Jul 2010
Location: Key West & Sarasota
Boat: Cal 28 "Happy Days"
Posts: 4,210
Images: 12
Send a message via Yahoo to capngeo Send a message via Skype™ to capngeo
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!
__________________
Any fool with a big enough checkbook can BUY a boat; it takes a SPECIAL type of fool to build his own! -Capngeo
capngeo is offline   Reply With Quote
Old 19-10-2011, 17:36   #11
Registered User
 
Tori's Avatar

Join Date: Feb 2011
Location: Sanford, FL
Boat: 1977 S2 8.0
Posts: 310
Images: 56
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.
__________________
Joe & Tori
"Knot Looking Back" 1977 S2 8.0
Clara , Ducky, Miranda and Nalla the Critters
Tori is offline   Reply With Quote
Old 19-10-2011, 17:38   #12
Registered User
 
Tori's Avatar

Join Date: Feb 2011
Location: Sanford, FL
Boat: 1977 S2 8.0
Posts: 310
Images: 56
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.
__________________
Joe & Tori
"Knot Looking Back" 1977 S2 8.0
Clara , Ducky, Miranda and Nalla the Critters
Tori is offline   Reply With Quote
Old 19-10-2011, 17:58   #13
cruiser

Join Date: Aug 2011
Location: Tampa Bay area
Boat: Hunter 31'
Posts: 5,731
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.
Rakuflames is offline   Reply With Quote
Old 19-10-2011, 18:02   #14
Registered User
 
cburger's Avatar

Join Date: May 2006
Location: Nyack, NY
Boat: Westsail 32
Posts: 1,690
Images: 1
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 "********". Just another case of "Those with the guns make the rules". Glad it worked out for the best.
__________________
"All men are created equal, some just more than
others" KD2RLY
cburger is offline   Reply With Quote
Old 19-10-2011, 18:03   #15
Registered User
 
Tori's Avatar

Join Date: Feb 2011
Location: Sanford, FL
Boat: 1977 S2 8.0
Posts: 310
Images: 56
Quote:
Originally Posted by cburger

Where I live "Nulle Prosse" means "********". Just another case of "Those with the guns make the rules". Glad it worked out for the best.
You are absolutely correct!
__________________
Joe & Tori
"Knot Looking Back" 1977 S2 8.0
Clara , Ducky, Miranda and Nalla the Critters
Tori is offline   Reply With Quote
Reply

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Hostage Update GordMay Indian Ocean & Red Sea 1 07-07-2011 05:15
How Do I Update My Ad in the Classified Ads Forum ? Therapy Forum Tech Support & Site Help 9 04-07-2011 10:19
Hunter 54: Update Two CharlieCobra Construction, Maintenance & Refit 6 23-06-2011 21:01
Update From NZ - We're Yacht Owners! Knowazark Meets & Greets 13 26-07-2009 23:20

Advertise Here


All times are GMT -7. The time now is 13:00.


Google+
Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2024, vBulletin Solutions, Inc.
Social Knowledge Networks
Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2024, vBulletin Solutions, Inc.

ShowCase vBulletin Plugins by Drive Thru Online, Inc.