Arrested Development

Published on November 28, 2006 By Gideon MacLeish In Current Events

A funny thing happened on our way out of town.

We were ready to find a place up the road, to move out like dogs with our tail tucked between our legs and settle down elsewhere.

Whoops.

Ok, here's the backstory: I've told you about the city's junk and weeds ordinance, right? The one that's being used to target certain citizens. Well, keep that in the back of your mind as I tell my little tale of greed and corruption in small town America.

On November 15, the city marshall pulled me over for running a stop sign and going 34 in a 20 MPH zone. He wrote me out a ticket and told me to appear anytime by November 27. Ok. Gotcha. He also gave me a ticket for high weeds and junk, which I mentioned earlier.

So, being the dutiful citizen I am, I plan to make it in on November 27. I go in immediately after lunch and ask for the municipal judge. I was told she was not there. I told the secretary that I needed to speak to her. This was about 1:15.

At 1:30, the city marshall shows up at my door. He says he has warrants for my arrests, and he's taking me in. I argued that I was told to appear today, November 27, he says that he said no such thing, that I was supposed to appear last week. What am I supposed to do, he says he has warrants? I go in and am arrested, was told I had five warrants out for me.

Five? What the ---. I only got two tickets. So I ask the booking officer, and she says the two traffic tickets, plus two FTA's, and a "violation of city ordinance".

That's right. Weeds. I was ARRESTED for weeds (among other things, but still...I was ARRESTED for weeds. Not fined. Not cited. ARRESTED). The bail was set at $500 per offense (probably the maximum), likely because they thought it would be enough to keep me from getting released. $2500 bail. The kind of bail usually reserved for burglaries or other low level felonies. There's no sense asking to be released on my own recognizance...the same muni judge that signed the warrant would be in charge of THAT decision.

I'm out now, exhausted but not a little ticked off. The warrants mentioned NO upcoming court date, so I am going to have to camp out at the city offices tomorrow until they give me one. But at this point, we're not leaving. I can't mention specifics, but they just unwittingly gave us the upper hand in this one. I do, of course, intend to demand a jury trial (they will try to wriggle out of this one, claiming it was civil, but a> if it was civil, why did they haul me off in cuffs, and b> even civil suits where the value is over $20 give you the right to a jury trial).

I'm shaking my head at this latest development. They took all the money we had, basically, so that I could get out of jail. But I'm not taking this lying down, either. Even at this early stage, it appears the ridiculous nature of this arrest has some of the better citizens of this town realizing just how far this community's government has gone.

Meanwhile, I'm still shaking my head. I got arrested for WEEDS, after all. Better keep folks like me off the street.

THAT'S a wise use of taxpayer dollars.

Comments

cactoblasta

on Nov 28, 2006

For a while there I thought you meant you got arrested for weed, as in pot. Anyway why didn't you get a copy of your tickets? They would have had the deadline for payment on them, and if not then you can't be prosecuted for not paying on time. They have no case if they haven't set a deadline in writing.

Gideon MacLeish

on Nov 28, 2006

They have no case if they haven't set a deadline in writing.

I admit it was an oversight on my part. The time was on the ticket. At 10:00 AM, the warrant was signed; if I'd come in at 10:05, I still would have been hauled off in cuffs. I admit I shouldn't have listened to what the marshall said.

But I'm still taking this case to trial. They want me, they can have me, but only after I bring in the ringmaster and make a full three ring circus out of it. If they're going to get me anyway (as is their goal), I figger I oughtta have a LITTLE fun with it!

bakerstreet

on Nov 28, 2006

Sue the hell out of them. I differed with the idea of dragging them into court, but once they drag YOU there, there's nothing wrong with defending yourself to the utmost. Call the ACLU, do whatever you can. At this point it is a criminal misuse of power and they need to be challenged and embarrassed publicly about it.

Contact the Libertarian party and see if they can do anything for you. With you running for office I'm sure it would be easy to make this a political attack by the local fink squad.

Gideon MacLeish

on Nov 28, 2006

Contact the Libertarian party and see if they can do anything for you. With you running for office I'm sure it would be easy to make this a political attack by the local fink squad

Now that I'm over my initial outrage, Baker, I'm laughing my ASS off. I mean, some writers live their whole LIVES and never get material like this...this is GOLD!

Their actions are SO ridiculous at this point, they're almost self parodying

I'll be calling several people on this one, and book publishers are on that list. I think if I handle this right, I have a bestseller on my hands, ESPECIALLY if it goes to trial.

bakerstreet

on Nov 28, 2006

Where they messed up, whip, is when they cited the civil matters as a reason he was being arrested. That draws all the persecution into this arrest. If they'd just picked him up on the tickets and kept their mouth shut, I'd tend to agree with you. As it stands they've associated all of it with their nuttiness, so they give Gid an open forum to expose them for the pain they've been causing his family.

Gideon MacLeish

on Nov 28, 2006

Unfortunately, his mistake is likely to be a costly one, and if he insists on a jury trial, he will get none of his bail returned until the case is heard. With Christmas only a few weeks away, I think it's gonna 'cost' his kids more than it costs him.

nahh, lw...we already bought their presents.

Like Baker said, if it were just on the traffic tickets, I would agree, but as it applies to the city ordinance, LW, this is a clear case of selective enforcement. In five blocks this evening, I took pictures of 17 places as bad or worse than ours, LW.

The jury trial is my right. They may get their conviction, but it's going to cost them. IF they pursue it to trial, that's a cost I intend to mention in running for city council in the spring.

I'm preparing a DOF (Declaration of Facts) at this moment, LW...we've got a good paper trail on these folks...now it's just time to bring it all together.

Gideon MacLeish

on Nov 28, 2006

(PS, LW...I actually have an "ace in the hole" I'm NOT revealing here, because it makes this case a slam dunk on the civil rights side. I can't telegraph my punches, you know!)

Dr Guy

on Nov 28, 2006

Good luck Joe Palooka. I wish there was something we could do to help you out, but you seem to have the attitude and fortitude to win this one.

just john

on Nov 28, 2006

Give em' hell. I know you will.

Gideon MacLeish

on Nov 29, 2006

Update: I can't give too much away, but I read through the ordinance today. They're toast. This is about to get FUN!

Good deal, Gid. Give 'em hell, then!

Will do. I'm grinnin' right now.

kingbee

on Dec 11, 2006

if you'd been storing soda containers amidst the foliage might you then have been arrested for both coke and weeds?

if your local library has any of the nolo press legal self-help books, check out those sections dealing with defenses and strategies. if it turns out you've already covered all the same ground they do, it's a good thing. if not, you may be able to adapt some of their advice to your situation.

the best specific advice i can offer is this: tempting tho it may be...avoid modelingl your coutroom deportment on burl ives' character in 'let no man write my epitaph' (drunken judge removed from bench who saves the day for shelly winters by unexpectedly pulling himself outta a stupor as well as together just in time to deliver a defense worthy of daniel webster, clarence darrow, racehorse haynes & oj's dream team all simultaneously billing themselves silly).

Gideon MacLeish

on Dec 11, 2006

LOL...I love it!

Because they've made it a criminal case, the legal aid office in Amarillo may be helpful as well. I'll be giving them some calls.

But I am finding out more and more every day...this is about to get VERY interesting, indeed! The main reason I'm keeping it public is I'm not underestimating my opponent...my wife has instructions that if I am arrested again, she is to call the Sherrif's dept. no later than an hour after I am taken to verify they have me in custody...I may even make the call before they take me in myself just to cover the bases...sounds paranoid, but I know too much about the "glory days" of the Klan to trust them here.

We'll almost certainly be following my criminal trial with civil action against the city...we're getting evidence handed to us from some VERY unexpected sources. I can't help but think that my showing in November has helped us tremendously in that regard.

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