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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4075
Experience:  9 years legal experience, primarily in criminal justice
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What type of recourse does a person have when an agent of law

Resolved Question:

What type of recourse does a person have when an agent of law enforcement and the district attorney coheres together and commit a crime which puts an innocent minor in jail?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 1 year ago.
Hello.

Can you provide me with more information about what happened so that I can best answer your question?
Customer: replied 1 year ago.
The actual person that committed the crime in which there were several others there at the time was told to help set up the scene by planting evidence and then leaving the state. I the parent of the accused had just recently irritated the sheriff and he responded by retaliation and went to an extreme degree with pride and arrogance knowing we were new to Montana and even admitted his offense letting me know that there was "nothing I could do about it". He was able to cover his bases at the time and we had limited $$ and were full of fear from his personal threats to me.
Expert:  Hammer O'Justice replied 1 year ago.
I still need you to tell me what happened. Was he convicted? If so, is he currently incarcerated? How do you know evidence was planted?
Customer: replied 1 year ago.
Approximately 20 underage kids (16-17yrs old) had a bonfire in the woods in the evening and were approached by several kids who knew they would be up there (they were about 2 years older) this was all about a jealous x-boyfriend coming to "beat up the kid " that would be there. It turned out that there was a lot of beer and it escalated between the two. My son does not drink but I guess you might think that that is irrevalant. Anyway there was a dog-pile of kids fighting and my son tried breaking up the fight by using his bare hands.The other blonde kid and several others had switchblades. The other kid was at my home a lot since his girlfriend lived with my husband,son and I. He admitted to his girlfriend and then later to me what they wanted him to do and he could go free and get immediately out of the state and they would replace my son in his shoes. His mother also worked as dispatch for the sheriffs dept. We have lots of proof of the truth(even more after my son got arrested ) My son served 5/12 months in jail for accountability for assault with a weapon and accountability for deliberate homicide. Needless to say the older kid that came to fight unfortunately got stabbed by the kid that he came to fight. There was lots of chaos and several kids had cuts from different switchblades. The attorneys lied to my son and told him that he had to plead guilty to assault (not with a weapon) to get out . He was so traumatized by having to serve such a long time in jail that he still suffers today. We had everything stacked against us with the new sheriff mad at me and being new in such a small town. Many people that live here appeared to be jealous of our beautiful home on the river and all along we were just very nice people that they found out as time went on. We opened our home up to many a troubled family which seems so much the case in this county which is very very poor and I only wish that true justice can prevail. I know my son suffers from being truly set up. Even the kid that did the stabbing got off in self defense while my son did only the right thing and was punished so badly. Just recently this county's law enforcement is getting a lot of media. When my son was helping me clean out old boxes he came across the newspaper articles that were falsely written about things he never would even think of saying and seemed to fall back into an even more serious depression. These acts of intentional unjust that were carried out by who we are supposed to look up to have really made an impact on our lives. How do we set an example for what is right and wrong when this has such a life-long affect on all of us?

"
Expert:  Hammer O'Justice replied 1 year ago.
Thank you for the additional information...based on that I need to know a couple of more things. How long ago was he convicted? Is he still on any sort of probation? Did he plead in adult court or juvenile? Thanks again.
Customer: replied 1 year ago.
He was convicted I believe 8 years ago. No he was only on probation until he was 19. Juvenile court.
Expert:  Hammer O'Justice replied 1 year ago.

Thank you for answering the additional questions to give me a better picture of your son's situation.

 

I'm sorry to tell you this but the statute of limitations has run out on any recourse he might have had. It would have been hard for him to do something anyway, because by pleading guilty he essentially put himself in the position of not being able to sue for things like malicious prosecution and false arrest. Those lawsuits are based on charges being brought without probable cause, and the courts have repeatedly said that a guilty plea is an admission of probable cause. At any rate, even if he did have grounds for a lawsuit, the statute of limitations (ie the date by which such a lawsuit must be filed or the right to sue is lost) for most civil torts in Montana is two or three years, which has long passed. In terms of procedures to go through with the criminal courts, such as vacating his plea, the time has also passed on filing petitions for that. His record should have been sealed upon his turning 18 or completing his sentence, however, so that should no longer be an issue.

 

I'm sorry I can't give you better news. I understand you frustration but unfortunately, there are strict deadlines by which someone must exercise their right to sue or lose it completely. Because so much time has passed, he is barred legally from seeking any redress, unfortunately.

Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4075
Experience: 9 years legal experience, primarily in criminal justice
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Hammer O&#039;Justice
Hammer O'Justice
Criminal Lawyer
4075 Satisfied Customers
9 years legal experience, primarily in criminal justice