Thursday, July 21, 2011

"Felon in possession of firearms" update

Pete just got back from Superior Court, where this morning he plead "not guilty" to charges stemming from the search warrant at our home on April 28, 2011.

I suggested that Pete not enter any plea, as that's sort of an admission of jurisdiction over him... which the court actually lacks. However, he just informed me that the court-appointed attorney notified Pete that he would be held until he entered a plea. Well, according to Rule 11 (a) 1 of Maine's Rules of Criminal Procedure, if a defendant fails to enter a plea the judge will enter a "not guilty" plea for him. 

Pete told the attorney that he'd been without representation during his initial appearance; and according to Rule 5 (d) of the MRCP, if a person who requests counsel qualifies, counsel shall be assigned "not later than the initial appearance." Obviously Pete didn't have counsel for his initial appearance on May 19 - I later blogged about how I was handcuffed for trying to assist him, and according to Pete, Judge Hunter apparently banned me from the courtroom, unless I have charges pending against me! Oh, and I discovered the following in the Maine Rules of Criminal Procedure, under Rule 1 (b) Scope...

"These rules are not applicable to forfeiture of property for a violation of a statute of the State of Maine or the collection of fines and penalties."   
The courts use Black's Law Dictionary; so I googled Black's definition of "forfeiture." From the link, the term "forfeiture" is defined as "the loss of property or a privilege due to breaking a law."

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