I responded to a story I read on another thread. I don't think my response got the views necessary to make a difference. Bt I responded to a guy who got a rare bike, albeit a rusted, beat up and looking, well, like an abandoned bike, from a Uncle who ,apparently, found it abandoned outside.

Here is my response to the thread. It should serve as a warning to all law abiding citizens. You'll have to pardon any punctuation errors, mis spelling and bad diction.


QUOTE=riciiko;18201836]Hello all~

"I picked up this bicycle for free that was left outside at my uncles"

QUOTE]




I strongly felt the need to respond to this thread. Read my true story below:


My one friend wheeled a bike into my apartment one day back in 2001. I asked him where he got it and he told me he had just spent the night at Andy's, a friend of ours, and that Andy told him he could have the bike because it was left to rot on his property for months. I looked over the bike, and it looked the part...weathered, like nothing of value...like all the other bikes you would find abandoned in alleys, or alongside the RR tracks.

I made him an offer for the bike. Then I sold it for $12 a short time later at a Buy/Sell/Trade store and I, of course, fully submitted my Identification & Drivers License, as I had many times before. I wasnt new to the second hand circuit, and I was a regular in good standing, Either selling or buying something. And this is a small town, so you would have to be a fool to think a stolen item would not be discovered.

Weeks passed and me and the same friend were walking and arrived at "The Culvert"...a old PRR (Pennsylvania Rail Road) underpass in our town where the trains would pass over. And there we saw a old Fuji, in pristine condition just lying on the ground. It was silver and black...just like the LA Raiders colors.

And when I picked it up I noticed that both tires, very nice racing tires, were flat.

I instantly deduced that this was a stolen bike. Probably taken out of a garage where it was stored with flat tires. Then stolen by a drunk too lazy to walk then shortly abandoned by the drunk realizing there was no air in the tires. Thus this was obviously not a theft to sell the bike.

So being the honest guy that I am I wheeled it to the police station, where I filled out a report.

While I filled out the report the cop came back and said "You are under arrest for receiving stolen property, and theft by deception". Not for the Fuji....... but for the bike that I had bought off of my friend and sold weeks earlier.

I thought to myself "Why didn't the store owner, knowing that I was a regular in GOOD STANDING, simply notify me that the bike was stolen?" I would have been more than happy to return the mere 12 dollars.

It made no sense that over a month had passed.....never heard from anyone...not the cops..... not the store!

And the store owner, in my SMALL HOMETOWN, had my address, phone number and all my ID. She notified the cops....but the cops didn't seem the least bit interested in apprehending me...which they easily could have done the SAME DAY the bike was discovered stolen.

But it took me being HONEST and taking a bike to the Police that to the naked eye was CLEARLY OUT OF PLACE, and easily could be IDed as stolen...and most likely by a drunk who had no intention of keeping it.

All this in order for me to be arrested!

I consider it a modern day miracle and a sign from GOD ALMIGHTY! And a GOD that will NOT forsake the righteous!

This is a true story and it has ramifications to this day.

So when I appeared in court I was fully ready to rat my friend out. I prided myself on having NO criminal record. And I was very angry that my record was in jeopardy. Besides my apartment complex had video surveillance that would have shown my friend wheeling the bike in weeks earlier.

But the PD said "Just plead 'No Contest'". Even after I adamantly proclaimed my innocence and told him the same story I tell you here. He actually acted like he didn't want to go to trial. And he said a "No Contest" was not a guilty plea, and that my record would not be permanently spotted, and that after 5 years I could have it all expunged with zero lasting effect.

He came off as someone doing me a favor and made it seem like my adamant desire for trial was unreasonable on my part and that I didn't understand the "Big Picture".

My mother and my grandmother were both there and hysterical. And I wanted nothing more than for them to shut up! I began to vehemently argue with them as they sided with the PD. And I still told the PD that I wanted a trial, adamantly denied guilt, cited the sheer coincidence of my arrest in doing a good work.

TRUTH IS STRANGER THAN FICTION AT TIMES!!

So the PD again speaks to my Grandmother and Mother, assures them and me that a "No Contest" is not guilty and masked it as as mere plea of convenience and made it look like a "Just be more careful who you associate with, and so and so isn't a good friend" type of thing.

So after the PD convinced me and my family that in 5 years it would all go away I relented against my better judgment and pled no contest.

I got 6 months unsupervised probation and a mere $188 dollar fine. Which I payed with no problems. The unsupervised probation meant I could drink and party without interruption or inspection.....which I DID!

6 months passed and that was it. Never heard from probation or anyone. Fines were paid and I wasn't the least bit inconvenienced. except for that ONE day in the district court. The arrest, and plea all happened in one day and It was resolved by the work days end. I walked in in cuffs and walked right back out a free man. The deal with the DEVIL of a PD seemed to have been a good one.


So here we are in 2015. I grew up to be a volunteer fireman, patriotic American and good man. I just got my Firefighter 1 after passing the state test that many others FAILED! So I decided I will apply for a job with the city now that there is a opening.

One thing though...the app says NO MISDEMEANOR CONVICTIONS! I think "No Sweat" thinking of the minor blip of 14 years ago. So I think OK 5 years is well passed nows time to get this thing expunged just like the PD...I MEAN THE DEVIL..had guaranteed me!

So I go look...and the Judge is DEAD. Died 7 or so years ago. I get all my paperwork and wouldn't you know it...it says I have a M3, Misdemeanor 3 THAT CANNOT BE EXPUNGED!!!!!!!!!!!!!!!!!!!!!

Im like WHAT!!!!**********? The PD EXPRESSLY TOLD ME AFTER 5 YEARS, and NO PERMANENT MARK! THATS THE ONLY REASON I TOOK THE DAMN PLEA TO BEGIN WITH!

So they tell me the only chance I have now is to go to the State Board of Pardons. Which can take 3 or so years and a lot more MONEY!


So my point is if someone tells you they found a bike or a bike was left abandoned.....LEAVE IT ALONE!

But.....did you have a good Thanksgiving weekend this year?

You lost me at "I strongly felt."

Moral of the "true story" is wh do you think cops have to advise you rights under Miranda? Never admit guilt and especially if you are not guilty of what was alleged. If a reasonable person knowing what you know would come to the same conclusion that an object is not stolen then it is safe to possess, if not then nope treat it like stolen property. Report it where it lies or just walk away but do not possess.

Wow, that must have been a heck of a party night when you accepted a bike from someone who said that someone said ... Honestly, dude, that wasn't the best idea. I've got about 2% faith that your story is true. If it is, the moral is get a lawyer that knows how to protect your rights.

Edited to add: I enjoyed your story and you told it well. I especially liked the suspense about the "expunged" record that played out all the way to the end. I also liked your use of different fonts sizes and the added emphasis that brought. It was a much better written and a more creative rant than I'm used to reading. Bravo!

PD is short for PUBLIC DEFENDER.

And if you read the story thoroughly I was not charged for the Fuji. The bike I took to the station I have no idea what became of it. But, again, I simply took it to the Police Station, like any NON THIEF would.

Once there, AFTER SUBMITTING MY ID, the Desk Officer went in the back to fill out a report. He returned to notify me that a warrant was out for my arrest.

It was a blessing in disguise, because,(Back Then), had I been apprehended in another circumstance, I would have been baffled, thoroughly unaware of what was happening. And fully filled with the spirit of righteous indignation and innocence I may have, initially, fought with the police.

You must remember that just a year prior, in JUNE 2000, I lost a wallet with $500 dollars in it. And you guessed it I was walking with the same friend.

Back then we hung out hard.

But it turned out that someone RETURNED MY WALLET with ALL 500 dollars, to the VERY SAME Police Station!! And the COPS will vouch that story!!!!!

So I ALWAYS return wallets when I find them,...Also rings or anything of value. Even submitting "Lost & Found" ads in the local paper...which I have done MORE THAN ONCE over the years.

I simply need not steal someones rusted 12 dollar POS bike!

So I was done a IN JUSTICE by a LYING & INCOMPETENT PUBLIC DEFENDER!

I would understand your reluctance to believe me. Im skeptical at times when I hear things that may be "sketchy"

But then there are stories that I hear that are INSTANTLY CREDIBLE. And I presented my TRUE STORY in a manner that was not sketchy and should have been received by anyone with a shred of discernment as entirely true!

You Sir , by your own words, lack 98% of that discernment.

I wrote this to help other avoid the shortcomings of modern bureaucracy, and also to tell my story!

Don't insult me. I was very generous with my appraisal of your post. But I am not Clairvoyant.

I won't comment, lest you respond in a font that's bigger yet.

Snort!!
Thanks; now I've got to clean the wine off my keyboard.

Not just bicycles, but anything else we encounter used in life off Craigslist or Ebay or ??? could actually have been stolen. I think your story has merit and certainly should raise the awareness of all of us. It could have been a lawn mower, weed eater, chain saw, musical instrument or any number of different things. This just happened to be a bicycle. To bad you can't get your hands on the miscreant that stole it in the first place - a friend of a friend and file suit against them for causing you such undue harm that is following you around and limiting your opportunities in life. That just SUCKS!

Most bicycles aren't taken by professional bicycle thieves. Oh sure many of the high priced bikes... locked up like Fort Knox and grabbed in the blink of an eye are.. or might be taken by a specialist. But most common bikes are just hopped-on and rode off on by (often times) a kid. It's taken for the thrill of the thief... the adrenaline rush... for the fun of it.

We've all seen the stolen bikes. Abandoned along a bicycle path and seen when the leafs disappear in fall. Or in the tall weeds behind abandoned buildings, along creeks, RR tracks, or other out-of-sight areas. Mostly they are cheap bikes well rusted and mostly worthless. But the bikes aren't abandoned (they were dumped, stolen merchandise).... and nothing is ever FREE.

I find it hard to believe that the OP didn't realize the bicycle was stolen. Maybe he didn't (and apparently still doesn't) realize how the pawn system works. Maybe he didn't think that he would ever be pinned for such a petty minor thief. But the merchandise was stolen and he did receive it. Worse... he profited from it.

It is sad that criminal records can hang around so long.

I am as careful as I can be when dealing with used bikes. Whether buying off Craigslist or accepting an old bike from an acquaintance. Thanks for a reminder about how easy it can be to be sucked into a criminal act... for a few bucks profit.

Law enforcement, the courts and public defenders are not your friends. Each has a crappy job to do and none of it involves exonerating you. Most of them are embittered and cynical from years of dealing with the dregs of humanity. They will knowingly lie to you to get your cooperation. Do not expect the show of good faith to be returned.

Avoid getting trapped in the criminal justice system at all costs. It never goes away, no matter what they promise. The purpose of the criminal justice system is to feed warm bodies into the prison-industrial complex and keep them trapped for life. It's legalized slavery.

Get a proper lawyer who'll work with you on a payment plan. The thousands of dollars it will cost you is a pittance compared with the lifetime costs in dollars, lost opportunities and stress on your health and that of your family.

At this point your best recourse is to petition your state attorney general and governor to have your record expunged. Be prepared to get letters of commendation from credible people in your community who will vouch for your character.

Sounds like the PD was worth every penny it cost you. I guess the exact impact of a nolo plea differs by state, but I would never accept one if I was not guilty.

scott s.
.

I'll stop surfing craigslist now.. I am totally not risking my clean record for a 2nd bike for a steal of a price! NOPE
In fact I'm not gonna even buy one off a yardsale site either! NOPE

You can call the local PD and check your bike's serial number.
Or, at least go to a site like: https://bikeindex.org/stolen

Of course, apparently your story happened 15 years ago, so perhaps less internet indexing, but still the PD would respond. This would protect both yourself and the potential buyers.

The life and times of a busy body...

Thanks for insulting my late father, who was regarded as one of the best public defenders of his time in the entire country. He put many men back on the right track and even kept some out of jail in matters involving the manufacturing of evidence by police. My dad was incredibly intelligent and a brilliant lawyer who had a wonderful career doing what he loved. Your general cynicism is so crusted thick that it leads you to gross generalizations.

He is not completely wrong

Mr. James Duane, a professor at Regent Law School and a former defense attorney, tells you why you should never agree to be interviewed by the police.
https://www.youtube.com/watch?v=B3nok7Cby28

Go ahead, that might work where you live; but when I tried that the police wouldn't even talk to me.

OP, I would seriously look into hiring a competent attorney that can attempt to remedy your situation, possibly with the written support of your prior attorney or your mother, or anyone else that may have witnessed the alleged misrepresentations that convinced you to plead guilty, when you were not.

I get where you are coming from. Thanks for the reply. Some sensitive people here may be insulted at your synopsis because, of course, the majority of law enforcement is good. But your reply may be fitting for those that were involved in my case. Thanks again!!

OP I think you need to STOP and CONSIDER THE RAMIFICATIONS of your complaint! YOUR RIGHTEOUSNESS has brought the wrath of the LORD down on you. Who are YOU to doubt HIS purpose in punishing you? YOU QUESTION GOD on the internet and then WONDER why he punishes you? I THINK you can answer your own question.

Maybe if OP got a job instead of roaming around looking for stuff to pawn he would have less interaction with the authorities. Just an idea....

GOD ALMIGHTY has just heard my complaint and REWARDED ME! This is what has just happened to me in the past 2 WEEKS.

My 1984 Fuji Berkeley had cracked seat stays, so after posting my situation here I called my LOCAL bike shop to ask for help finding a replacement frame.

So a few days passed and I talked to them again where they informed me that they had a old Fuji that they would sell me for 100 dollars.

I went and looked it over and told them I would buy it on Dec 1. It was a Fuji Newest. The original owner bought it new from that very stores showroom floor back in 1978. It saw little use and was in pristine condition except dry rot from sitting for DECADES!

Very similar to the Fuji that I took to the police station back in 2001, except that one had FUJI written in Black on the downtube. And the rest of the bike was silver.

This one was silver with brown saddle.

But I bought the bike fully prepared to transfer the bullhorns and other stuff from my other Fuji on it to replace what initially appeared to be simple TURDS of dry rotted materials.

But then the MIRACLE HAPPENED!!

In my part of the country it was unusually warm for a December 1. And it was raining this mystical rain. I rode the bike in this rain and it soaked the dry rotted tape seat ect.

Afterward I wheeled it into my apt and I realized that I could NOT dismantle this.....TALISMAN. Something magic had just happened. I immediately took photos and put it up for sale on eBay......

.....FOR $800 DOLLARS!

Then I vowed, being the honest LOCAL patron and citizen that I am...... that IF the bike sold I would march RIGHT BACK to the local shop that sold me the 1978 FUJI NEWEST and spend EVERY PENNY of the $800 - minus shipping- to buy the BRAND NEW TREK 1.1 that I wistfully looked at the day I agreed to buy the old Fuji.

And you know what....

THE BIKE SOLD IN A DAY!

And I was BLESSED OF GOD!


Then I went right to the store and told them if they boxed the Fuji for me I would buy the BRAND NEW TREK 1.1. Then I put 600 dollars down that day, then another 80 after the bike mailed, then 30, and now I owe a mere 60 dollars.... as parts from my OLD Berkeley are still selling on EBAY!

See TRUTH is STRANGER THAN FICTION! Like I said before.

And GOD was mighty on my behalf that day...and I KNEW RIGHT THEN I have NOTHING TO FEAR from NO BODY! NO false charges......... NOTHING!

I WILL BE EXONERATED!


So even if I don't get the job I was seeking I know that if anything unfair happened..... that GOD will reward me.

What a wacky thread..