Can I beat pot charges by reserving my rights under UCC 1-207?
I was charged with 5 felonies in 2004 in california, i have been in court 3 times for this matter and the last time was in 2004. I decided that if i wanted to stay out of jail then i need to hire an attorney which i could'nt afford at the time. I read a transcript of a lecture by howard freeman about using UCC 1-207 to reserve your right to not be bound to a contract without my express knowledge or consent, wich as i understand it, would prohibit my being imprisoned or jailed for any offense that did not infringe on the life liberty or property of someone else. This all sounds great, but i would like to know a great deal more about the application of UCC 1-207 before i run into court and try to defend my freedom with it. If there is anyone out there with actual experience using UCC 1-207 then i would like to hear about it. Also, I would like to hear the opinion of a bar certified attorney, or someone intimately familiar with this topic. Thank you all for your help and advice.
Look into the Fruit of the Poisonous Tree Doctrine and some cases that involve proximity.
The UCC is the Uniform Commercial Code, and it applies to things like sales, negotiable instruments, leases, etc. It would not apply in your criminal case.
Answer:
UCC 1-207 has to do with accepting only part of the conditions of a contract. It has absolutely nothing whatsoever to do with your liability for breaking criminal laws, whether the crime involves someone else's property, etc., or not. Do not waste your time, or the time of the court or your lawyer, with such a silly argument.
You wanted to hear from a lawyer. You have.



