Criminal Law Questions? Ask a Criminal Lawyer.
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QUESTION: "Can an organization, corporation, goverment, etc. be held liable for imposing an identity on somebody?"
ANSWER: Yes. Civil liability and/or criminal culpability can absolutely be imposed upon a business entity such as a corporation. Its corporate officers and directors would be the ones to provide the actual testimony, serve the time and so forth, as obviously a corporation cannot "speak". But, I understand your point, and it is well taken. A corporation certainly can face criminal charges for its unlawful conduct, including identity theft and related offenses.
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Thanks for writing back -- good to hear from you.
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I will be glad to comment further -- please see below.
I have answered your question on the honor system, so I respectfully XXXXX XXXXX you click "Accept" Many thanks in advance!
QUESTION: "Or all the same?"
ANSWER: No. Unfortunately, when it comes to governmental agencies, one faces a very substantial hurdle by way of the legal doctrine (defense) called sovereign immunity. Sadly, though, all of this is academic given that apparently the limitations period for prosecution has long since expired due to the operation of time, pursuant to Nevada Revised Statutes § 171.080 et seq.
[Please click "Accept" -- this is the only way I get paid for my work and services provided.]
So they are immuned to prosecution, so I guess the question is, how can this be turned around or at least recognized for the truth. They have seized all bank accounts, took my DL and passport, I have been taken from my home many times and thrown in jail, (they conveniently call it contempt). It is there mistake and I am about to loose everything. I have undeniable evidence of both the original documents containing the error as well as my tax statement. I was a full time student at the time and had a negative -$8000.00 income. If it were you facing this, would you just let them take everything without any recourse? and still continue to hunt you down for the rest of your life? I have done nothing wrong.
There have been people serving time and found to be innocent many years later. They didn't just leave them in jail due to some statutue.
I realize how important this matter is to you, which is completely understandable, but I do need to ask for your acceptance of the original and follow-up answers I have provided. I earn no salary or wages for my time and services provided here, so I greatly appreciate your courtesy in that regard.
The statute of limitations serves to place an absolute parameter around even the most egregious conduct where applicable. In other words, once the stipulated amount of time has elapsed, you as an injured party are left with zero legal remedy. Under the facts you have outlined, the wrongdoers you have described are immune from prosecution. I am on your side here and believe you have every right to feel utterly destroyed, no arguments here, but I am entirely unable to change the law. I could lie and tell you something different, but that would be doing you a horrible disservice.
I appologize for dragging this out, and I will accept. Everything about this is wrong. 911 changed many things, including ID standards. After the initial judgement, they would not accept my drivers licence as acceptable ID. I had to send off to Sacramento for an official SS card, (after scrambling for all the documents they wanted), that is why deadlines were not met. By the time I presented my proof of SS, they said my 30 days were up. It's like I have been set up.
I guess what I am trying to ask, is there no way to take it to a higher court? or anything that is not conventional. Who, if anyone, can intervene, set aside, or pardon. Like I mentioned, people have done time in jail just to be found innocent years later. What was the exception for such cases? They were not left in jail to rot because the law is absolute. I cannot just accept it. If that is the case, my life is over. And I will not go out laying down. Next time they come for me, I'm not going.
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QUESTION: "I guess what I am trying to ask, is there no way to take it to a higher court?"
ANSWER: Yes. If you were a litigant and received such a ruling based on the statute of limitations, and believe it to be erroneous, you could appeal from the Trial Court ruling to the next highest Appellate Court. Generally, you would have 30 days in which to do so. On any issue, and especially that of limitations, your chances of prevailing are incredibly, exceedingly low. If you are outside of the window for timely filing an appeal, it will not be heard by any Court anywhere, sorry to say.
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