Legal Corner

same case sillyregular_smile
cathyb 6045 reads
posted

Ga gambler, it is same  case from 2002!!!!!!!

it was dismissed/exp....& has been re-opened which starts it over as if it happened yesterday..I am suspicious of your paranoia
most of us are just  trying to share & help others from being hurt..the age of a case is irrelevent..
I have ran these sceanrios by on other "legal sites" to get opinions & info & options
for soem reason Gagamble seems very angry & hostile
I respect your opinions but try not to judge or insult

cathyb7988 reads

just for curiosity, I tried on those FREE online checks..put in my name & "all states"
and there "it" was,,in all of its gory details & all they needed to know was my name, not even a state,DOB,middle name ,age ,nothing
I was very upset as this was expunged NOT guilty years ago..
also just for fun ,I put in names of a few folks that have actually been in real trouble & they were clean /no hits.
also the site said if your case has been epunnged t is up to the court to update it.. which makes me mad As they were hot to trot to trash me but refuse to update the info... hence causing me huge damage & suffering

GaGambler7714 reads

Your words

"..I have not even an overdue library book,,,,theDA won't budge & threaten jail time help,,no Miarnda rights either"

How do you reconcile your everchanging stories?

cathyb6046 reads

Ga gambler, it is same  case from 2002!!!!!!!

it was dismissed/exp....& has been re-opened which starts it over as if it happened yesterday..I am suspicious of your paranoia
most of us are just  trying to share & help others from being hurt..the age of a case is irrelevent..
I have ran these sceanrios by on other "legal sites" to get opinions & info & options
for soem reason Gagamble seems very angry & hostile
I respect your opinions but try not to judge or insult

as what you are talking about.

Are you saying that the case that is being reopened is the original prosecution of you for solicitation, or are you reopening a petition to expunge all court records and destroy all arrest records?

If it was dismissed once and you got arrest records destroyed/ expunged, then you had to prove actual innocence. So I do not see how they reopen and retry you given such a finding.

Plus why are they reopeing a soliciation case after so long?

It just does not make sense.


The general statute of limitations in California for most offenses
§ 802 Penal

 (a) Except as provided in subdivision (b), (c), or (d), prosecution for an offense not punishable by death or imprisonment in the state prison shall be commenced within one year after commission of the offense.

I had no idea the Legal Corner would be so entertaining.  I should look in more often.

"I have ran these sceanrios by on other "legal sites" to get opinions & info & options"

Will TER get a kickback or a consultant's fee if you manage to sell your screenplay?  You will need someone to edit your grammar and spelling before you peddle it to agents or producers, though.  

Your first post on this subject said "I am celibate for 10 years ...."  But you neglected in all those posts in the string to tell us it happened 6 years ago.  The idea that a California prosecutor would reopen such a flimsy case as you described after so long a time is patently ridiculous.  

But please, keep going.  I can't wait for the next scene, er, development.

shudaknownbetter5732 reads

Is it possible the case was filed without finding...  meaning if the accused stays out of trouble for a specified time that the proceeding is dismissed (as it was never completed).  On the other hand, any minor infraction, reinstates the original charge & they get to prosecute both.

Just a thought.
skb

cathyb7558 reads

the point of sharing my story was just to show the extremity lE is going.
in a nut shell
the case went though  system & finally was dimissed /exp.  Then we had to get special permission via motions/appealets ie; something on that line to re-open the case ... My attorney can prove "factual innocnece"  ..the fact that I had "no priors & no afters" is in my favor...so My orginal case is yes starting over again.. because, I still want my name clear....it has been a nitmare... I don't feel I need to rehash all the minut details on this board.. I was just trying to help others...  I also have medical records that prove I practice celbacy,,,a decade now,,..
it seems you could merly go on a blind date & if the other person is a cop, you can get arrrested.
that is the main point, the lengths LE are going

sorry typos/mini pc (tiny font/bad eyes)

GaGambler5943 reads

Boy, I can't wait for this one. ROFLMFAO

Cmon Cathy, you've had your fun for almost three years now. Nobody takes you seriously anymore, time to give it up.

I am sorry if you think I am angry and hostile, actually I am neither. I am actually rather amused. If you do plan on marketing the screenplay, I would suggest you invest in "spellcheck", it's actually free and it would make your convoluted story line much easier to follow. lol

cathyb8780 reads

WOW, that explains a few things!!!!!!!!!
most self respecting women get "annual women health exams" & they ask questions about your s*x life... My doctor doccuments in my record that I am celbate, they also do specific STD screenings, me being Celbate,saves me from having to get extra tests...
there are many reasons people make this choice & they do not have to justify their choice.
BTW I think I am a pretty cool person as I have no personal intrest in this "hobby"(my intrest is legal ) yet am open minded enough not to judge or condeme someone that does. I am exactly who you would want on jury ....maybe you should stop your bullying & mean spirited remarks

A doctor's office record documenting you told him you were celibate for the past year is hardly evidence.  It's just another instance of self-serving statements.  Unless you've surgically restored your hymen, a doc can't tell if you've been celibate for more than a few days.  But hey, that's a new angle you can take for your story.

cathyb7291 reads

,  the reocrds ..show practising celibacy... and this was all "before" being accussed of a647B is shows "state of mind"...there would be no reason to lie to a doctor..considering risks of STDs etc....if you know about celibacy it is a very strong belief....ie: many of your medical records are "what you report" such as do you smoke or drink, diet, exercise, etc....and I know for a fact they can use these records regarding these issues for PI cases..to determine prior habits etc...like if you get lung cancer & sue for abstetus exposure they check your records to see if smoking could have been a possible cuase..

After reading the detective work by PHG guy below who linked to her April 2006 post, I think this is what happened. After her arrest for solicitation in 2002, Cathy says she pled guilty and apparently was sentenced to some community service that she performed in Maryland:


“it was Orange couty sherriff dept, I paid a lawyer $3000 and he did not even show up for court I then fired him paid another law firm $2250 deposit on  $4500, they ripped me off  too, I am now flat broke  but I found an honest attorney but by then I had no cash left. I borrowed $2000 to pay him, He wanted to try the case But I had no more $$$ ,I could not afford a plane ticket/hotel, from Maryland  to come out there and go to court, I was forced to plead guilty   and serve a huge sentence and full charge when there was no evidence just a perverts word because I was not even a california recident. I had to serve asentence 3000 miles away”


        Several years later she hired an attorney to withdraw her guilty plea. Her plan is to withdraw the plea, and hope she is acquitted of the charge. If this works, she plans to petition to have all records expunged and will attempt to prove actual innocence of the charge. The DA however, has threatened jail
time if he has to re-prosecute so the stakes have been raised.

           This is the only way I can see that she could be re-prosecuted since the statute of limitations surely would have run long ago if the charges had simply been dismissed as she said in one post.

    Contradicting her earlier post she now says" I was very upset as this was expunged NOT guilty years ago.."


But, if the first post is accurate, the immediate problem I see is the very high standard she would have to meet to withdraw that guilty plea. You can’t just change your mind (See Senator Craig exhibit A)- you basically have to show the plea was not knowingly and voluntarily made or something like that depending on the state.

     So her basic story may be true and her failure to give a proper time line is what has confused everyone.






cathyb5825 reads

I finally did save enough to have my plea changed back to "not Guilty" again & it was accepted aka dismissed, I was told congrats by my attorney,...
however, it has been re-opened  to prove FI, so I can clear my name & have arrest record destroyed .( this may give the DA  opportunity to be mean to me   & would this be double jeapordy???)
again I am NOT a provider,,just a lady that had a demure personal ad....which is why this case is so outragous..I have seen the Ads of providers and wow they are very HOT so why select this 1 lady with her hair in a bun, that says she is a non smoker etc... cowrider girl said LE is so pathetic to now use date sites to set up non providers..

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