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Discussion => Off topic => Topic started by: SuperDimitri on January 03, 2012, 07:17 pm

Title: Need Pro-Bono help from a lawyer!
Post by: SuperDimitri on January 03, 2012, 07:17 pm
The other night, I was pulled over for what the officer said was "A real professional yield". What he meant by that was, a complete stop. The weird thing is that I saw another vehicle going in the opposite direction, roll through said stop sign, and no blinker. I said aloud to my brother,"If that were me, I'd be getting pulled over right now." at which point, I was suddenly pulled over. I was pretty pissed. The cop asked if I knew why he had pulled me over, and I said, "I honestly have no clue, considering the other car didn't stop, or use a signal.' at which point he said I made the "real professional yield".
He never asked for registration, nor proof of insurance. Just took my license and headed back to his car. I was really only upset, as I was on my home for dinner, I was starving!
He returns to my vehicle, and says "Looks like you have a warrant for your arrest." I totally flipped out. Sure,I made trouble as a teen and in my early 20's, but I am dam near 40, and haven't been in ANY trouble since 1998. I totally fucking hermitized to achieve this, too.
Needless to say, I was arrested.
Here's where it gets real fucked:
Apparently the warrant was for a Disorderly Conduct charge from June 2010. The warrant was issued in February 2011. Please keep in mind that I live in a VERY small town, and my job has me in contact with the police at least 2X a week, so why didn't they arrest me over the last year?
The charge from June 2010 was for an incident in which I was assaulted at a fast food franchise. The manager of said franchise called 911 on MY behalf! Meanwhile, the man's wife had also called 911, WHILE he was threatening to SHOOT ME IN THE HEAD.
When the police arrived, I filled out a police report, and was asked if I wanted to press charges. I said I did, only if they did. They did not. About 2 weeks later, I received a letter in the mail from the District Attorney, saying all charges were dropped. I, unfortunately, threw it away, thinking everything was OK. Then, a year and a half later,I get arrested for a fucking warrant.
After being arrested, I was put into the drunk tank, and not booked for another full 6 hours, at which point I bailed out....although, I should have been able to make a call and post bail within an hour. It's a good goddamn thing I don't take life saving medication!!!
Now my problem is that we have a new District Attorney, and they are saying that because it was such a small incident,that the paperwork may have been tossed! This just doesn't seem right at all! When do court documents get thrown out?
How could I have received a warrant IF I had never gone to court, never received a ticket, never received a fine, never signed anything, never had a court date, never received a letter in the mail, never had it hand delivered by the sheriff???
I'm fucking pissed, and confused. All I need is that letter that said it was dismissed, and I threw it away! and they claim to have thrown theirs out, too!
Now, 4 days later, I receive a call from the jail, asking me to come down and get another set of prints done, because THEY FUCKED UP, and didn't get my federal card done. With the NDAA being signed on the 1st, I JUST DON'T WANT TO DO THAT!!! I have tried so hard over the last 14 years to be a good robot slave, and keep my hands to myself and my mouth shut. It was ME who was assaulted in the incident, cops called for MY safety (although I kicked his ass), and no charges were pressed.
I am wondering, do I have a case against anyone?
For being pulled over when I ALWAYS follow the law (come on, I am on SR, you should know I don't speed, roll stops, etc, etc. ALWAYS on the ball with ym driving!)
For false arrest?
For them fucking up my prints?
For them locking me up without first booking me, or allowing a call?
I have already called 3 attorneys here in town, and they all declined  to even speak with me after I told my side. Again, it's a small town, and ALL about social identity. All I really need is a copy of the paper sent to me saying it was dismissed, but I tossed mine, and apparently, so did the court system.
Please help and advise!!!
If I DO have a case,I want to sue. Be my lawyer. I don't care about the $$, just fucking over the system that's been dry fucking my ass since I was 12!!!
 
Title: Re: Need Pro-Bono help from a lawyer!
Post by: xx138xx on January 03, 2012, 08:35 pm
I'm not a lawyer (just married to one - was cheaper in the longer run :X) but the first thing that jumped out at me was their claim they tossed the paperwork. They are required by law to retain ALL paperwork pertaining to the disposition of cases indefinitely. If they don't keep a hard copy (not likely) then there should be a digitized scan of the document in their system. The fact the police officer never checked your license or registration is sketch as that is standard operating procedure for all traffic stops. It sounds to me like he recognized you, knew of the warrant, and only checked your license to make sure the name matched.  You need to try and get witness statements from the manager who called the police on your behalf. With both parties having declined to press charges, you are most likely the victim of some asshat combing through case files to meet a case quota to justify their next budget request by filing silly cases to pad their stats. I would gather up all the information you can, try approaching the DA once more in a calm cool manner, and if he gives you the same bullshit about not having your paperwork, call your state Attorney general while you're sitting across from him to report their lack of accountability. If he's a new DA, he's going to try to play hardball so you may need to get your story into the local paper somehow to embarass the prick into doing the right, and legal, thing in this case.

Being in a small town sucks in cases like this as no one gives a shit if justice is served as long as it's someone else getting fucked.
Title: Re: Need Pro-Bono help from a lawyer!
Post by: SuperDimitri on January 03, 2012, 09:09 pm
I'm not a lawyer (just married to one - was cheaper in the longer run :X) but the first thing that jumped out at me was their claim they tossed the paperwork. They are required by law to retain ALL paperwork pertaining to the disposition of cases indefinitely. If they don't keep a hard copy (not likely) then there should be a digitized scan of the document in their system. The fact the police officer never checked your license or registration is sketch as that is standard operating procedure for all traffic stops. It sounds to me like he recognized you, knew of the warrant, and only checked your license to make sure the name matched.  You need to try and get witness statements from the manager who called the police on your behalf. With both parties having declined to press charges, you are most likely the victim of some asshat combing through case files to meet a case quota to justify their next budget request by filing silly cases to pad their stats. I would gather up all the information you can, try approaching the DA once more in a calm cool manner, and if he gives you the same bullshit about not having your paperwork, call your state Attorney general while you're sitting across from him to report their lack of accountability. If he's a new DA, he's going to try to play hardball so you may need to get your story into the local paper somehow to embarass the prick into doing the right, and legal, thing in this case.

Being in a small town sucks in cases like this as no one gives a shit if justice is served as long as it's someone else getting fucked.

Well, it was just the girl at the desk who said they may have tossed it, as it wasn't on her computer. (but the warrant was, along with my court date...upcoming) I would be LUCKY to actually speak to the DA, and oddly enough, he IS new. elections just Nov! Old DA is now (again) a defense attorney, but she hates me. Wouldn't even take my call, and hasn't called back, of course.
Town is sooo small , so isolated, and so conservative, the newspaper would NEVER print anything for me. They have never even printed a single LTE I have sent in,in over 18 years. I have to post everything in a local ad sales paper when I want to be vocal or political, or voice concerns. 
Yes, the cop recognized me. Know Murphy's Law? It ain't shit. I call it (myname) Law. My life is always fucked, no matter all the good I do. I fucked my Karma up BIG TIME as a teen. But that's another book. The named officer used to a the dog catcher in the 90's. Before that, he was a KNOWN tweeker, with a vanity plate that raid ROCKTMAN,and NOT referring to any song. Anyhow, when he was a tweeker, he was also my scrawny armed next door neighbor, who thought he would come screaming at me one beautiful morning to turn my shitty music down, and I devastated his face with a few punches. This was BEFORE he somehow became a fucking pig. So, that's my luck there.
And just to defame him a bit more, I'd also like to note his daughter dates an illegal coke dealing alien, so that whole outfit is also safe in my little ol town.(they took my yob!) too bad I don't do coke, or maybe I could get in on that safety, too!
I am afraid to contact ANY of these people right now, as I DON'T want to get printed again, and go on the NDAA's list. I have kept my nose clean for so long, I am furious about the whole situation, and want it ERASED. My past is already marred enough that life is almost pointless. and I risk all of that pointlessness on head changes!
The manager at McD's filled out a police report, but I am afraid to go to the police station to request any of this easily requestable materials, as I know they will book me again, and fuck up the day. When I was younger, they would 'railroad' me HARD, but now I have a bit of sense about it. And them.
I would call the State Attorney General whilst directly across from the DA, but I have no cell phone. I really need a lawyer to do this for me, but none in this town is willing to fight against this town. They all dream of being DA! Wish I could give a brief history of our DA's w/o giving up my location. But besides from being small, it's also very isolated, so getting an out of town lawyer is out of my price range. That's why I cried out for help here! And I appreciate the info you have given.
I also thought it was law that they carried these documents, whether hard copy or digital, forever. Like in, Formotherfuckinever.
Title: Re: Need Pro-Bono help from a lawyer!
Post by: SuperDimitri on January 03, 2012, 09:12 pm
Oh yeah, what jumped out at me, was that they threw out the paper, too. I find it odd that a warrant was issued on a case that was dropped, but the paperwork is missing. Seems like conspiracy against me. How can a warrant be issued without 1st having a ticket, fine, or court? This is BEYOND Patriot Act, is it not? Just issue warrants unbeknownst to the person? Aren't warrants for not paying fines, not showing up for court, and such? I really need that document. And the police reports. And all before the 18th, and all without going back into that jail!
Title: Re: Need Pro-Bono help from a lawyer!
Post by: xx138xx on January 03, 2012, 10:34 pm
Hopefully this gives you a little reason to relax a bit. If the 18th is your first court date on this case, you should be entitled to a continuance. In some states this would be automatic due to them needing to deal with the whole "do you have an attorney or can you afford one" issue. The problem is not all states provide legal aid for misdemeanors despite the fact a 1976 Supreme Court ruling stated that we were all entitled to legal representation for any crime that could result in punishment by deprivation of liberty (jailtime). Your best bet is going to try to trip them up on the deviation from normal procedure in this case. You're entitled to EQUAL protection under the law so why should they be allowed to take shortcuts in your case?

With all that being said, I too grew up in a small ass town. The biggest dope grower in town just happened to be the brother in law of the head of the county drug task force and anyone outside the towns inner circle was screwed if they ever got into trouble. There was really blatant shit being done out in the open that would have never flown in a real city. Examples you say? Why sure. County's most expensive defense attorney only lost a single murder case in the five years I knew of him and was old enough to know who he was. He also got caught flying in 3 kilos of coke to the county airport with an ex judge and 2 sherriff's deputies in the plane when it landed. The plane magically got loaded up on a flatbed and disappeared over night and no charges were ever filed. The newspaper had the article about it in their first edition of the Sunday paper that morning but the later printings were missing the entire article funny enough. There was an instance were a district court judge in the county was over $14k in arrears on his child support yet never spent a day in jail and even continued to hear child support cases. That same year there was a big case in town involving some kids who went on a robbery spree and stabbed someone. Among them was a mentally disabled guy. When they went to court, the states own expert said the guy was not competent to stand trial as he could not aide in his own defense. They tried him anyway and gave him 43 years. The actual stabber got 4 months suspended and got to go home because her grandparents lived next door to the DA. She later ended up violating her probation, breaking out of jail, and going on a crime spree that lasted several months before she caught fed charges.

So sadly it's not just you that has to deal with this type of shit. It happens all over this ONCE great country of ours as it slowly turns into a corporate run police state that individual towns, cities, and states treat like their private fiefdoms to profit off of. The older I get the more I ask myself wtf I was fighting for when I was deployed, because the freedoms and justice we are taught we have as children don't exist anymore sadly.
Title: Re: Need Pro-Bono help from a lawyer!
Post by: SuperDimitri on January 03, 2012, 10:42 pm

So sadly it's not just you that has to deal with this type of shit. It happens all over this ONCE great country of ours as it slowly turns into a corporate run police state that individual towns, cities, and states treat like their private fiefdoms to profit off of. The older I get the more I ask myself wtf I was fighting for when I was deployed, because the freedoms and justice we are taught we have as children don't exist anymore sadly.

I know it ain't just me! But I really like the last line. I know a lot of military, and former military that wonder the same thing. I was lucky (or WAS I?) enough to have a father who fought in Vietnam,and taught me about a different, better life. Better as long as previously stated corporate run police state doesn't get ANY thing on you. Even a fucking disorderly conduct, that NEVER was prosecuted.