By Mark David Blum, Esq.

Jefferson County Officials are pondering a new set of crimes in their county, that if committed, the District Attorney and City Attorney are going to come and take your stuff and sell it and split 50/50 the proceeds between the County and City.

Two things every sane citizen needs to know. First, there is no requirement that the accused be convicted of any of these crimes for them to come and take it. Second, this is a civil situation so the accused gets no lawyer, no constitutional rights, and the DA-cum-civil attorney is now just another tax collector. Every police agency is included in the lottery, including EnCons. Every uniformed police officer in Jefferson County is working on commission.

If you are wondering what new heinous crimes are being prevented … crimes that will suck up so much police and prosecutorial resources and steamroll over the Constitution … any misdemeanors. The Jefferson County District Attorney, running unopposed in elections, apparently has let her knowledge of State and Federal law to fall off. She is unaware of sections 220 and 221 of the State Penal Law. “Drug crimes” are already dealt extensively with both in punishment and in forefeiture.

Civil and criminal forfeiture are already part and parcel of the State and Federal systems. This best explains the sudden ‘special needs’ motivating Jefferson County. They want to jump ship earlier in the process for one reason: To steal stuff earlier in the process. If you read the legislation, it does not say you have to be sentenced for a drug crime; you do not even have to be convicted. Heck, as written, you do not even have to be charged with a crime for them to come take your stuff. Under the new system, it is enough for any uniform to make the accusation, the DA comes and takes your stuff, you get a hearing in two weeks, and if you cannot establish by a preponderance of the evidence that the stuff was not used in a criminal enterprise – even though no charges are filed – they are going to sell your stuff and divide the proceeds 50/50.

We have the class of crimes called misdemeanors because we recognize that there are certain actions we want halted in public but really don’t think the wrongdoer needs to be punished as much as put on notice we wont tolerate that kind of behavior. We rarely incarcerate and mostly slap wrists for first time offenders as we make sure they understand there are limits. This is all a good thing. What is going to be miserable is walking out of court and find your car gone, your savings gone, your clothes gone, and everything else gone; taken by Cindy Intschert, the on-commission District Attorney. (By the way, why is this woman running unopposed?)

The proposed law itself is worse than it seems. First of all, the Jefferson County Legislature is actually considering two proposals. One allows them to take your stuff for ANY misdemeanor. The other allows them to take just your car for any drug misdemeanor. Again as before, it won’t be necessary to be convicted or even charged; just accused civilly.

Article 221 of the Penal Law provides a very troubling aspect of this insanity. In that section are a near dozen criminal offenses involving marijuana that are classified as misdemeanors. Under section 170.56 of the Criminal Procedure Law, any first time offender of ANY marijuana misdemeanor is entitled to have his charges dismissed as a matter of law. The court has no discretion whether to do so. This law has been on the books since the mid 70’s and even Ms. Intschert has to be aware of its existence. She would never seek a conviction for a first time marijuana defendant charged only with a misdemeanor.

But under this new proposed law in Jefferson County; even when State law mandates certain charges against you be dismissed, the District Attorney and City Attorney are still going to come steal your stuff. The law and constitution have been damned in Jefferson County.

It is typical election year horsehockey that brings about laws like these. Candidates and incumbents with no substantive argument for their election turn to those weakest and without voice in our community. They stand on the backs of children, of ‘drug dealers’, ‘pedophiles’, and anybody which gives the impression the candidate is actually producing. In reality, they are following the Goebbels school of propaganda; create a false enemy and turn the population against the enemy and teach them you are their savior.

Laws such as those proposed here are dangerous and offend the most basic notions of our Constitution. The Fourth Amendment, Fifth Amendment, and 14th Amendment assure us against such random government activity. Al Qaeda is not the enemy in Jefferson County; the prosecutors and local government is. Watch your backs. I hope for your sake, there is a Pastor Neimoiller to speak up; as you hitchhike home because some village cop wants to accuse you of intending a drug transaction.