Monday, August 1, 2016

Durant wants guns and cash

The city of Durant is apparently trying to get real aggressive in confiscating guns and keeping cash bonds even when the defendant is acquitted.  See this July 22 Attorney General opinion.  Hmm.... does misdemeanor charge include a traffic ticket or moving violation?


Anonymous said...

At least they bothered to seek legal advice. One has to wonder how often property is forfeited in violation of the protections that state law affords innocent owners.

Anonymous said...

Note to self. Never go to or through the city of Durant.

Anonymous said...

The 3rd question is basically this. Can I stop, confiscate money, and steal the money legally? Do you really have to go to the AG's office for this answer? I too will avoid going through the lovely pristine town of Durant whenever possible.

PittPanther said...

Why should the outcome of trial make any difference in getting a bond returned? Guilty or innocent, the purpose of bond is to ensure appearance at trial. Once the defendant appears, shouldn't bond be returned, regardless of trial outcome?

Anonymous said...

I have finally, after all these years, found a post by PittPanther to be intriguing. So, if a person posts bond, as in the case illustrated in the question, and is found guilty and fined, can the bond be converted to serve the purpose of the fine? (cue the question from the regular who will opine correctly that I must not be a lawyer).

I have reason, desire and need to go to and thru Durant often. The place has turned into an absolute shit hole, far from the pretty little town it was 60, 50, 40 years ago. Law enforcement is horrid, crime is rampant in that town and county and it's arguably the poorest town in the poorest county in the poorest state in this nation.

The woman who posed the questions at the behest of the police chief and mayor is NOT trying to do what's right. They're simply trying to find a way to enrich the coffers of the PD. What she really wants to know is if they sell the guns, do they have to post that transaction in some sort of ledger.

Anonymous said...

traffic violations are not misdemeanors, excepting DUI

Anonymous said...

Have stopped frequently when passing through town at a certain Durant convenience store for both car fuel and human fuel. Won't be going inside the city limits again!

Victor Fleitas said...

The amount of a cash bond is usually set at the amount of fines and costs for the offense(s) with which one is charged. If the individual is found guilty of the charge(s) the bond money is converted to pay the fine. No guilt, you get your money back.

This type of kleptocracy is endemic throughout the State. In part, it's a consequence of a stubborn refusal to raise taxes on the State and local level resulting in the starving of small town budgets. Town's gonna eat so they turn their municipal courts into revenue generating sources in effect substituting responsible statewide "progressive" taxation with a regressive tax directly on the poor and middle class who can least afford it.

The gun-taking? That's just some public officials wanting other folks' nice stuff and looking for "legal" ways to get it. How are those forfeiture laws working for us?

What happened and is happening in Kansas and Louisiana is bad. What's happening here will be worse. The only saving grace, if you can call it that, is this State has less distance to fall.

Anonymous said...

So the response to question 2 reads in part, "speeding captured by radar on a U.S. Highway within the municipality, may only be used by municipalities having a population in excess of fifteen thousand according to the latest federal census." The response then goes on to read in part, "...which authorizes the use of radar on a state highway located within a municipality having a population of two thousand or more."

Does this mean a municipality of more than 2,000 but less than 15,000 can use its police force to stop someone for speeding but they cannot issue a citation (ticket) for the infraction?

Anonymous said...

Appears the distinction is whether it's a U.S. Highway or a State Highway.

Anonymous said...

The town of Itta Bena is similar, if not worse, than Durant. They could not issue speeding tickets on the main road, Hwy 7, so to increase revenue starting giving "reckless driving" tickets instead. It was your word against theirs against a judge that was always on their side.

Anonymous said...

How about writing speeding tickets on a DIVIDED state highway if the population is less than 15,000. Eg. Flowood (Hwy. 25/Lakeland}

Anonymous said...

4:47. Much closer to home, the city of Florence couldn't be a speed trap anymore so they stop people for swerving. If they cannot find any other reason to charge you with after they stop you for swerving they let you go.
This came straight from the chief of police.

Enter At Your Own Risk said...

Use to be you could walk all over Durant, alone, on the sidewalks, every day and night, safely.

Now you be takin' your life in your hands if you walk from your car to the counter inside one of the Double Quicks.

Of fairly recent memory is the defense of one of Durant's local thugs, Culp, by attorney Chokwe Lumumba. He got the boy off on Murder but the boy be restin' well up at Parchmant anyways.

Crime, corruption and general anarchy took over this town twenty years ago.

Anonymous said...

Same thing is happening to many towns and cities. It isn't PC to say anything about it. People would rather their home town become a sanctuary city for criminals than be charged with not being PC.

Anonymous said...

And we all know why but no one says why because we don't to be tagged as a " " and have our emails flooded with hate .

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