Tuesday, 13 June 2017

Court to Grandma: You Shouldn't Lose Your House Just Because Your Dumb Son Sold Some Weed There

quote [ Four years after the Philadelphia District Attorney seized her house without ever charging her with a crime, a 72-year-old grandmother has prevailed at the Pennsylvania Supreme Court, where justices strengthened protections for property owners against civil asset forfeiture. ]
[SFW] [politics] [+2 Good]
[by satanspenis666]
<-- Entry / Comment History

Taxman said @ 1:12pm GMT on 14th June
For real property it's called a post and walk. We place a lis pendens on the house and we argue our case in court. It acts as a lien on the house so you don't try to sell it and run. You can even live in the house until it is forfeited. If it's forfeited it means a judge has transferred the ownership to the US government.

For currency all funds are place in what's called the Treasury Suspense Account. It is an interest bearing account The funds cannot be used by the party or the government. In the cases where we are wrong, the judge can make us return the funds with interest. In the 9th district, this is mandatory on all returns (I think that should be nationwide personally).

I'm stating that When it comes to enforcing the law everyone is a number and an address. Everyone has a story and everyone can be a sympathetic character given the right circumstances. Justice is supposed to be blind.

The grandma was allowing her home (knowingly or unknowingly) to be a repository for drug sales. The son got caught on a 140 sale, but was that the first and last time he had made a sale? How much in illegal funds have passed through him, untaxed (and I say that because it's unfair to everyone else who does pay), and are we supposed to just... not stop him?

Should young people who live in their sweet grandmas house be immune to prosecution? Should we not remove the means and safe harbor of drug dealers?

You appear to be sending mixed messages based on the sympathy generated by the suspect in question.


Taxman said @ 1:14pm GMT on 14th June
For real property it's called a post and walk. We place a lis pendens on the house and we argue our case in court. It acts as a lien on the house so you don't try to sell it and run. You can even live in the house until it is forfeited. If it's forfeited it means a judge has transferred the ownership to the US government.

For currency all funds are place in what's called the Treasury Suspense Account. It is an interest bearing account. The funds cannot be used by the party or the government. In the cases where we are wrong, the judge can make us return the funds with interest. In the 9th district, this is mandatory on all returns (I think that should be nationwide personally).

I'm stating that when it comes to enforcing the law everyone is a number and an address. Everyone has a story and everyone can be a sympathetic character given the right circumstances. Justice is supposed to be blind.

The grandma was allowing her home (knowingly or unknowingly) to be a repository for drug sales. The son got caught on a 140 sale, but was that the first and last time he had made a sale? How much in illegal funds have passed through him, untaxed (and I say that because it's unfair to everyone else who does pay), and are we supposed to just... not stop him?

Should young people who live in their sweet grandmas house be immune to prosecution? Should we not remove the means and safe harbor of drug dealers?

You appear to be sending mixed messages based on the sympathy generated by the suspect in question.



<-- Entry / Current Comment
Taxman said @ 1:12pm GMT on 14th June
For real property it's called a post and walk. We place a lis pendens on the house and we argue our case in court. It acts as a lien on the house so you don't try to sell it and run. You can even live in the house until it is forfeited. If it's forfeited it means a judge has transferred the ownership to the US government.

For currency all funds are place in what's called the Treasury Suspense Account. It is an interest bearing account. The funds cannot be used by the party or the government. In the cases where we are wrong, the judge can make us return the funds with interest. In the 9th district, this is mandatory on all returns (I think that should be nationwide personally).

I'm stating that when it comes to enforcing the law everyone is a number and an address. Everyone has a story and everyone can be a sympathetic character given the right circumstances. Justice is supposed to be blind.

The grandma was allowing her home (knowingly or unknowingly) to be a repository for drug sales. The son got caught on a 140 sale, but was that the first and last time he had made a sale? How much in illegal funds have passed through him, untaxed (and I say that because it's unfair to everyone else who does pay), and are we supposed to just... not stop him?

Should young people who live in their sweet grandmas house be immune to prosecution? Should we not remove the means and safe harbor of drug dealers?

You appear to be sending mixed messages based on the sympathy generated by the suspect in question.




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