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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Criminal Law
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Experience:  19+ Years of Legal Practice in Criminal Law.
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I was accused of a felony and held without bail. I had a public

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I was accused of a felony and held without bail. I had a public defender. six months in , they discovered that the witness interviews and the cd of the arrest etc were blank. when they reviewed the interviews, it was found that the police had lied on the affidavit of probable cause. PD made a motion to dismiss to no avail. The judge went outside of the 'four corners' of a warrant, and denied me a franks -warren? hearing. I went to trial anyway- knowing I was not guilty. Of course I was found not guilty by the jury. However, the lies of the police were published extensively- and I suffered tremendous damage to my reputation not to mention my mental health in jail.
I am told I have a case against the police for lying or filing false info- but seriously what are my options? I lost ten months, was found guilty of a misdemeanor first time in my life I have ever been in trouble. I am scared to file charges.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  AlexiaEsq. replied 1 year ago.
Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing Criminal law for 19+ years and look forward to assisting you.

I was accused of a felony and held without bail. I had a public defender. six months in , they Who is they?

 

discovered that the witness interviews and the cd of the arrest etc were blank. when they Who is they? reviewed the interviews, How did they do this if they were blank? Can you clarify?

 

it was found that the police had lied on the affidavit of probable cause. Who found this?

 

PD made a motion to dismiss to no avail. The judge went outside of the 'four corners' of a warrant, and denied me a franks -warren? hearing. If he violated the law, you could have appealed that denial. It it likely too late now, however, due to short deadline to appeal.

 

I went to trial anyway- knowing I was not guilty. Of course I was found not guilty by the jury. Excellent!

 

However, the lies of the police were published extensively Newspaper?- and I suffered tremendous damage to my reputation not to mention my mental health in jail. So, so sorry!


I am told I have a case against the police for lying or filing false info- but seriously what are my options? That IS your option, at least as far as the law is concerned. If you can convince the State attorney to prosecute them, that is an option. However, if you can't, your remaing option is a civil lawsuit - for 1) defamation, 2) civil rights violation, etc. I'd include the officers and the department, at the very least - whoever did the wrong, and their employer. If you have a specific question with regard to these options, please let me know - it was somewhat general of a question. But I am happy to expound if you have a narrower concern.

 

I lost ten months, was found guilty of a misdemeanor first time in my life You were convicted? Why were you convicted, was it something that you DID do, while you were able to prove you did not do the worse allegation of the felony?

 

I have ever been in trouble. I am scared to file charges.Well, you actually don't have the power to file charges, only the State can do so. However, you can file a civil suit for damages - that would be monetary compensation for all you have lost. It can be scary, yes, but that is your option, from a legal standpoint. Don't delay consulting with a specialized lawyer regarding this - there are deadlines (known, as you are probably aware, as statutes of limitation) that you must meet or else be forever barred from litigating this.

 

You mention hiding! If you are that frightened, have you consider simply moving? It is a free country, people move across the country all the time, and you can still sue them for their civil torts even if you live elsewhere.

 

 

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.

 


Customer: replied 1 year ago.

thanks for your reply. I was arrested. I believed I was guilty of a misdemeanor concealed weapon violation ( though there was no intent or motive to have the birdshot gun, I acknowledged I had it it a winter coat)


I was charged with felony assault w / weapon.


THEY is the prosecution. THEY failed to give the public defender a copy of the audio files, and interviews of witnesses.


It was 6 months before the public defender got the cd of the audio interviews of witnesses etc from prosecution.


I was held without bail - or on a million dollar bail, same thing, for ten months , until I went to trial. I had multiple bail reduction hearings but they were denied. I made a strong case for not being able to get crucial evidence in my defense, and that i needed acces to the internet and websites, email for my defense.


I was denied access to my computer, or anything that would help my case.


I was railroaded to trial. I was told I was going to jail for twenty years.


I was repeatedly told by my public defender that they were out to get me, regardless of the fact I was innocent.


Of course the jury saw the truth. I never doubted they would. The alleged witnesses had a motive to lie. They were exposed along with the police.


I do live in another state. However I have business in that state and need to return. I was told after I was acquitted by my atty that
I should not return to the state. He advises against me returning to that state?


really? I am told the judge and prosecutor were so angry at not putting me away for life, that it is dangerous for me to return to that state?


I am finding this hard to swallow. I can not imagine people are really that evil.


and yes, newspapers but predominantly the internet absolutely tried and convicted me before the trial. The reporters were so dismayed at my acquittal that they write stuff on the internet to make it look like I was actually guilty.


disgusting. How do I handle this? I wish the aclu could help-?


I was convicted of the misdemeanor I originally told them I was guilty of which was a concealed violation though accidental.


 

Expert:  AlexiaEsq. replied 1 year ago.
Good morning and happy Sunday. Thank you for your follow up:

thanks for your reply. I was arrested. I believed I was guilty of a misdemeanor concealed weapon violation ( though there was no intent or motive to have the birdshot gun, I acknowledged I had it it a winter coat) -Ah, you had no CCW permit then? That is too bad - I cherish mine. How the heck did you fit a bird shotgun in your coat??


I was charged with felony assault w / weapon. I take it the assault part was fabricated by law enforcement?


THEY is the prosecution. THEY failed to give the public defender a copy of the audio files, and interviews of witnesses. But when they later did, it was blank, right? During the demands, what was their defense to motions to compel its production?


It was 6 months before the public defender got the cd of the audio interviews of witnesses etc from prosecution. Wasn't it blank?


I was held without bail - or on a million dollar bail, same thing, Yes.

 

for ten months , until I went to trial. OMG, that is horrible!!

 

I had multiple bail reduction hearings but they were denied. I made a strong case for not being able to get crucial evidence in my defense, and that i needed acces to the internet and websites, email for my defense. But your lawyer had access, so what are you meaning?


I was denied access to my computer, or anything that would help my case. Who had your computer?? Did your lawyer motion for that discovery if someone else DID have it, to have them turn it over?


I was railroaded to trial. I was told I was going to jail for twenty years.


I was repeatedly told by my public defender that they were out to get me, regardless of the fact I was innocent.


Of course the jury saw the truth. I never doubted they would. The alleged witnesses had a motive to lie. They were exposed along with the police. But how? If the CD was blank? Did they get deposed about the topic later, where they lied?


I do live in another state. However I have business in that state and need to return. I was told after I was acquitted by my atty that
I should not return to the state. He advises against me returning to that state?


really? I am told the judge and prosecutor were so angry at not putting me away for life, that it is dangerous for me to return to that state? Terrible. What is the reason for wanting to crucify and innocent person from the start? Why the H.O. for you?


I am finding this hard to swallow. I can not imagine people are really that evil. Hmm. I can. Certainly not most professionals, but yes - but usually there is a motive (typically money, but could be revenge also), so what is theirs?


and yes, newspapers but predominantly the internet absolutely tried and convicted me before the trial. I take it this was a famous case? I mean, most people don't look up defendents to follow a local trial, certainly not more than a handful of very local people....The reporters were so dismayed at my acquittal that they write stuff on the internet to make it look like I was actually guilty. If they made false statements of fact (vs. merely opinion), they could be liable for defamation as well.


disgusting. How do I handle this? I wish the aclu could help-? Have to ask them. But again, a civil rights attorney for the police involvement.


I was convicted of the misdemeanor I originally told them I was guilty of which was a concealed violation though accidental. I understand. You knew the gun was there, you just didn't know it was illegal? An ignorance of the law thing, although not a lack of knowledge or action to be carrying the gun while also knowing (although perhaps not considering it at that moment) that you did not have a permit, is that it?

Customer: replied 1 year ago.

yes. It was a 22 birdshot gun. legal but no concealed permit. no, I grabbed a jacket at lunch and it was in the pocket so not intentionally carrying it. I proved this at trial.


The motive is I am suing the alleged victims for 1.2 million for fraud and winning.


I am a huge thorn in their side obviously. The judge refused to consider this as the reason they were pressing so hard to put me away, and claiming that I was out to get them. If guess if you look at a civil lawsuit as a reason to claim someone is out to get you- well that's just stupid. The whole thing was unbelievable from start to finish. My computer was held by the police and gone over with the finest crime lab for five months. Nothing. Of course not. But afterwards, the email was crashed and I could not remember the codes or have access to it. I gave the pds every password XXXXX could think of and all the info I could to get the info they needed, to no avail. After testifying repeated to the judge that I was the only one that could access the info,- there were over 24,000 emails on line and obviously the pd could not sift through all of them! No. kept me in jail without bail. sick. yes the newspaper published false statements and untrue facts that they knew were untrue. The cd given to the defense was blank. It was six months before they got a working copy. They filed a motion to dismiss and franks warral? hearing. The newspaper sat in on that hearing it was clear that I had only been in possession of the gun. But they ran the old story anyway.


They are even publishing "guilty of assault w/ weapon misdemeanor.


There is no such charge. assault w/ weapon is felony but the press continues to reword it making me look guilty after I was found not guilty. Obviously the judge, prosecutor and police were all on the same page. What lawyer would want to take them on?


 

Expert:  AlexiaEsq. replied 1 year ago.

yes. It was a 22 birdshot gun. legal but no concealed permit. no, I grabbed a jacket at lunch and it was in the pocket so not intentionally carrying it. I proved this at trial.


The motive is I am suing the alleged victims for 1.2 million for fraud and winning. What are you suing the victim for that pre-dated this event? Some unrelated fraud, I presume? But why would law enforcement choose to commit a crime to support this victim? Is the officer related to the alleged victim?


I am a huge thorn in their side obviously. I'm not see why, yet.

 

The judge refused to consider this as the reason they were pressing so hard to put me away, Who is they? The firearm charge came after your lawsuit. Why are the cops seeking to frame you, that is the motive I am asking about. Yes, a defendant to your civil suit, surely may WANT to put you away, but since he/she can not charge anyone with anything... well, that leaves the DA and the officer(s).

 

and claiming that I was out to get them. And you were, for THEIR fraud. Have you considered suing the VICTIM for defamation? (Adding it to your other civil suit for fraud against him?)

 

If guess if you look at a civil lawsuit as a reason to claim someone is out to get you- well that's just stupid. Yes, if you mean they are saying "out to get them as in kill them assault them with the gun. If they die, lol, there is less chance you can satisfy any successful judgment in civil court!

 

The whole thing was unbelievable from start to finish. My computer was held by the police and gone over with the finest crime lab for five months. Nothing. Of course not. But afterwards, the email was crashed and I could not remember the codes or have access to it. I gave the pds every password XXXXX could think of and all the info I could to get the info they needed, to no avail. After testifying repeated to the judge that I was the only one that could access the info Which makes no sense, kind of, if you admit even you do not know the password. If you didn't know it to give to them, there is no reason to believe you'd know it when you entered it? From an outside perspective anyway.,- there were over 24,000 emails on line and obviously the pd could not sift through all of them! No, but searching digitally for pertinent phrases takes mere seconds/minutes with today's OCR text recognition etc. I do it on a daily basis.


No. kept me in jail without bail. sick. yes the newspaper published false statements and untrue facts that they knew were untrue. If they new they were untrue, you likely have them dead to rights. Law suit.

 

The cd given to the defense was blank. It was six months before they got a working copy. They filed a motion to dismiss and franks warral? hearing. The newspaper sat in on that hearing it was clear that I had only been in possession of the gun. But they ran the old story anyway. If they throw the term "accused of" or "alleged" it is not likely a false statement, since you WERE then accused of and alleged. It is if they stated, "Mr. Jones did assault John Doe" then defamation would be more likely.


They are even publishing "guilty of assault w/ weapon misdemeanor. Even though you were never convicted or found guilty of this charge, correct? Bingo, I'd nail that deep pocket. You already have an ongoing suit against the alleged victim for an unrelated fraud act - from afar. What then is the fear of more suit? Just make sure to use a lawyer so you are protected, should harassment start.


There is no such charge. assault w/ weapon is felony but the press continues to reword it making me look guilty after I was found not guilty. I understand. And you know your recourse - you can sue for damages and for an injunction, likely. And a correction/retraction. The injunction can occur right away, damages trial takes longer.

 

Obviously the judge, prosecutor and police were all on the same page. What lawyer would want to take them on? You get one from a few counties away, or even out of state, who can enter pro hac vice - an out of state attorney isn't going to have a hoot if he ticks off some little state judge. Doesn't effect his practice.

 

Good luck!

AlexiaEsq., Managing Attorney
Category: Criminal Law
Satisfied Customers: 11779
Experience: 19+ Years of Legal Practice in Criminal Law.
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