NEW YORK HAM TICKETED- Part II

If you have an attorney-at-law, or not, is of course your decision. The consequences of your own actions are with you.

No one on the sidelines faces this, as you do!

I have appeared in court on my own behalf, with a senior partner attorney, from a "class-A" lawfirm, acting as friend of the court, and I appeared in court alone.

These things drag on: Each occasion I said, "I am not an attorney." Each occasion, at the end, no matter what, I said, "Thank you, your Honor," and I turned and left the courtroom. That lawfirm senior partner instructed me: never fail to do the one, at the beginning, and the other one, at the end.

Each time, my papers for court had my name appear not in all capital letters, as a corporate fictional person, but in capital first letter then first name and so forth thru my last name, appearing a court as a real person.

I never came to harm.

The Presiding Judge's decisions changed law.

I won't say, "I won" because no one really wins anything in a courtroom.

It seems to me a courtroom is a place of compromise.

Naturally, I feel it should be a place of decision.

I answered honestly, often to the consternation of the Judge, but I am the one that has to live with the consequences of my own actions and I'd rather be honest.

Do accept help, but only you live with the outcome, good or bad.

I heard on a radio program, if you give an attorney your power of attorney, you are declaring yourself to be incompetant. I have never given, even limited power of attorney to an attorney.

That statement may raise ire, from lawyers.

The fact is, this is still the united states and you have inalienable rights.

If you were "driving" you are subject to the Department of Commerce. If you were paid to drive, you were driving. If you were traveling, and you own the land where you reside, you have all the rights and priviledges of a first class citizen. If you were not paid to drive, you were traveling.

If you think there isn't a huge amount of this sort of underlying law and more that applies, you are just ignorant of the law.

Get advice from people having expertise in this area of law and all laws that may apply and could give you trouble: These people are often lawyers.  

If you do retain counsel, insist on terms of contract you understand fully and you like.

If you do not have sufficient time to get-up-to-speed on understanding a contract for representation by counsel, request more time.

If you can help law, well and good.

More importantly, is what about you ?

I happen to think the charges should be withdrawn, by the police department, or by the prosecutor's office, depending on procedure.

I also happen to think radio amateurs need to have the radios in their license class in their vehicle, as well as at other locations, in addition to the QTH, so radio amateurs can respond to need for emergency service.

Those are my views, well considered and well reasoned as they may be, of course.  

Nevertheless, don't let anyone use you for their own agenda !

 

EVERYONE, This is hamfest season and FD is coming up.

Let's all, at least, bring a page or two of these 2 threads with the URL here.

The forum may grow with more posts, but also, we need support here and all hams are affected by this.

There's a link for printing the forum, it's a nice format, you can select, copy, and paste a little of it into a word processor, or even Write or Notepad, print a page or shrink and print and make 20 copies, leave around, hand out, whatever. It's important enough to be the subject of the summer. I'd say it's the least we can do, get more interest. Email every ham you know.

 

Armchair jurists aside, this case fascinates me and scares me half to death at the same time. I only live about 12 miles from New York, and shop there all the time. It was bad enough when I couldn't carry a firearm in the car, now I can't have a radio, and would be breaking the law if I called for help on my cellphone, even if reporting a case of "Road Rage", and didn't feel safe about stopping to make the call. Luckily, I have never had a problem in New York, but who's to say this can't become the next "hot ticket" for cops to write, if they find out it's easy to get a misdemeanor conviction on hams. Guess I'll just have to stay clear of the People's Republic of New York for a while. I'm dying to see how this all turns out. Will bring this up with my friends for sure.

 

Sorry for being a somewhat slow thinker, but I have just been reading the law. Since I am also both a volunteer fireman and an employee of emergency management in a neighboring county, as well as being the ARES EC in my county in PA, should I not follow the law and apply for the "permit" so mentioned in section 397? I wholeheartedly agree with previous posts that judges generally do not appreciate rabble-rousing to sway their decisions, but wouldn't it be much more elegant for all hams to apply for these permits? I would also suggest attaching another letter which briefly and calmly asked why the law is still there, which would not just show us bending to the law, but show us willing to provide emergency communications in their communities, if only we were "permitted" by them to do so. Probably no county or town official would have any idea about how to issue such a permit, but it might get the talk going. Just a thought, way past my bedtime.

 

I would like to know if you have taken everyone's advice and gotten that lawyer yet??? I can tell you from personal experience, when you look back on this, you will have wished you had gotten an attorney ASAP!!!! So pick up the phone and call one. Or call the ARRL and find out about attorney's in New York that specialize in ham radio.

One other thing. Did you contact the superiors for this cop that stopped you? If so, what did they have to say? Just wondering.

 

GET A LAWYER  GET A LAWYER.. BEST ADVISE ...GET A LAWYER..
GOOD LUCK...KEEP US ALL INFORMED.
73'S  BOB

 

Richard - PLEASE  :

    GET A LAWYER

For your own sake,
For the sake of your family,
For the sake of your community,
and for your fellow hams.

The law is too complicated for you to take
this on yourself, even if you are a lawyer
(which you are not).

This case that has fallen into your hands and
once resolved will affect many people.
We all want it to go well for you, so please :

    GET A LAWYER!!

From a non-lawyer retired cop,

73 DE N8EPD,  Mike

 

    I SEE BY THE THREAD THAT THIS IS GOING TO BE A LONG AND DRAWN OUT PROCESS. BUT I MUST AGREE WITH THE REST OF MY FELLOW HAM OPERATORS. BY ALL MEANS GET A LAWYER THIS IS ONE THE MOST IMPORTANT THINGS TO DO. GET THE A.R.R.L. INVOLVED. THIS IS GOING TO BE A HEARING, THAT MIGHT SET HOW LAW ENFORCEMENT, HANDLES HAM RADIO OPERATORS IN THE FUTUTRE. IT MIGHT SEEM TRIVIAL. BUT THIS COULD BE A VERY BIG ISSUE. I KNOW THAT YOU WILL WIN. GOOD LUCK! PLEASE KEEP US ADVISED OF WHAT GOES ON WITH THIS SITUATION. I AM MOST INTERESTED IN THIS, AS LIKE OTHERS.



                                                73'S

                                              DAVID

 

What did you really get stopped for?


K2DV

 

I just have this to add.
Get a lawyer, preferably one who is a ham.

73

 

You didn't mention whether the complainant trooper was present. If not, the judge would have been obligated to find you not guilty and dismiss charges. i.e. you have a right to face your accuser.

You may have annoyed him by providing him a xerox copy of the law, which he has in leather bound volumes, in his office/chambers. Rescheduling gives him time to actually READ the bloody thing, and think it over. Judges hate to be overturned on appeal, particularly if it can be shown that the complainant was wrong to cite you.

He did his part to grow the market for attorneys by suggesting that you return with one. Probably also wanted to avoid a sideshow, given the group of amateurs present.

At attorney needs to answer this, but if you were improperly cited, based on the language of the NY law itself, is the state liable for your expenses in defending yourself? i.e. do you have recourse to reclaim attorney's fees and travel expenses? How far from home is this court?

You also didn't mention why you were stopped, in the first place. Did he pull you over because he saw ham radio antennas?

Recommend you get with ARRL, and find a volunteer counsel in NY, toute suite.

Jim/N2EA

 

</span><table border="0" align="center" width="95%" cellpadding="3" cellspacing="1"><tr><td>Quote (MattBeer @ June 12 2003,23:15)</td></tr><tr><td id="QUOTE">I'm sorry, but that attitude will be the ruination of ham radio.

The ARRL should NOT respond in public about this matter at all.  They are being the professionals and you're sounding like a noisy newspaper reporter.  One step away from "the public has the RIGHT to know!!!"  Balderdash.

First off, you're writing to the league about a problem some OTHER ham is having.  I HOPE the league is professional enough not to reply to you about it.  It is NOT your business, beyond your direct comments to the ham involved.

Secondly, this is a PENDING legal matter.  You will NEVER hear an attorney discussing a case before it's been settled.  Don't expect the league to be any less professional.

Belive me, the league's silence on this matter is NOT grounds to let your membership lapse, instead it is evidence that they know exactly how to handle the matter - with discretion!!!!

Put your thinking cap on the next time you choose to have a knee-jerk reaction to proper behavior from the ARRL.  No, I do not work for the ARRL, and they do a LOT of things that I don't like.  But in this matter, their behavior is PERFECT!

You could learn something from the league's behavior.

mb[/QUOTE]<span id='postcolor'>
Well, thanks, but your lack of a call sign should preclude a response, but no, the 'ruination of ham radio' doesn't start with trying to prod an organization that's SUPPOSED to represent the collective interests of amateur radio INTO ACTION.  How really dumb do you think I am?  I've called them,(Newington), sent emails, and guess what?  Hmm, yes we've heard about it.  Thought there might have been a DUI involved.  Well, I clearly said there was not.

Not respond in public?  Why not? They respond in public in every other matter involving all elements of the legal system....most often the embarrassing-for-us-all cases of ham misbehavior.  And, to laud themselves for pushing politicians.  So, why not take up his defense?  Politics, my man, politics.  Go read it again and think about it.  Don't want to irritate NY state legislators, etc. when a DX-gun bill is before the legislature.

You say that I shouldn't involve myself in a problem another ham is having?  Beyond trying to help him, I'm trying to DEFEND and PROTECT the rights of all hams in NY and everywhere from what appears to be a very poorly written, mis-intended consequence piece of law.  What are you doing about it?

I'm afraid that it IS my business.  No, I'm not an attorney, but a person who holds (3) different commercial and amateur licenses.  I reside in the State of Florida.  Which, by the way, has a scanner law.  Right now, hams are exempt from it.  But, if the NY statute stands, then it may have implications for any one of us listening to ANYTHING besides other QSOs or our own.

I've hired many more attorneys than you have and probably know a lot more of them than you would ever care to.  Part of a good defense is announcing that they do represent someone to the media, scheduling press conferences, etc., which is part and parcel to attacting possible witnesses, others with similar experiences, and the like.  You clearly don't read newspapers or listen to the media with a balanced perspective now, do you.

Bash the media all you want, but if it weren't for them there would be lots of things that would just slip by, now, wouldn't they? Thank goodness for the First Amendment. And, thanks to the many hams who are willing to take the time to try to help Richard in any way they can, even if it's just a suggestion or two on this thread.

My thinking cap has been on a lot longer than yours.  Do us all a favor and sit down and have yourself a namesake.......

By the way, what's your call?  

73

Lee
W6EM

 

Dear Mr. Lalone:

So sorry to learn of your situation.  I have e-mailed the County's Public Defender concerning your situation.  You should have already gotten a copy of that e-mail.  

The County Public Defender, Julie M. Hutchins, (who can also represent citizens of New York in Village issues) can be reached at... Jefferson County Office Building, 3rd Floor, 175 Arsenal Street, Watertown, New York 13601; Phone:   (315)785-3152; Facscimile:  (315)785-5058; E-Mail:  joannem@co.jefferson.ny.us ...

You will need to explain your circumstances to Ms. Hutchins to see if she can represent you. Otherwise, like others who posted in this thread, I cannot over-emphasize that you REALLY NEED to get an attorney to help you. What the Judge did, entering a not guilty plea, is standard procedure (ABA Rules) for questionable situations. That he/she advised you to seek counsel was also procedurally accurate (and good advice).

An attorney needs to enter a motion to dismiss if, in your state, like my state, Village/Town/City charges are involved, because those are treated as civil violations (instead of criminal charges). That said, the officer appears to have charged you with a serious offense (not a petty offense), and retained counsel will give you expert assistance.

Finally, I would encourage you to contact Christopher Imlay's office in Washington, D.C. He's a ham operator and the A.R.R.L.'s top legal counsel. If he can't assist you, nobody can.

For the rest of us hams, I would encourage a polite and helpful mail/telephone petition-drive of sorts to help our colleague and inform the Village of Evans Mills that we are actually on their side as ham radio operators. So here's the information for that...Village Of Evans Mills, Village Office, (315) 629-4753; Village of Evans Mills, P O Box 176, Evans Mills, NY - 13637...


I hope this all helps.  Best of 73's, N0ECN

 

I am concerned that the judge thinks that he is above talking with you regarding this situation.

Another concern I have is the fact the the judge and any lawyer that you pick both speak the same language. Don't they both speak ENGLISH?

I am a registered nurse and a paramedic. I have always been informative to my patients.

As an example, this situation is like a doctor telling a patient that he/she can't explain a disease process simply because you don't have the proper medical school education.

Good luck! Keep us posted......

Michael Heussner
KD5VFD

 

It is interesting how many Hams would recommend that you cower.
In the meantime, where is the ARRL? (As many have asked).Call them
Call 60-minutes; this one is good for a national laugh.
But fight them! This is not a time to let them run the state like the Gestapo.

KD5PSH