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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11644
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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I was needing to know about lawsuits Also to see in which

Customer Question

I was needing to know about lawsuits? Also to see in which way I need to take it tailored to my situation.

In the last month I was wrongfully arrested in North Carolina because my estranged wife said I kicked in the door and stabbed her. I was Charged with assault with a deadly weapon with intent to kill, B&E, Communicating threats. The night it happened I was with a friend at a restaurant eating food and was with him all night. I found out the police was looking for me so I called into my local communication and the detective called me back and I met up with him. Going to my interogation I brought my friend that was with me all night long. I told officers that I was with him all night and where we was. They took no effort in talking to him and said since my estranged wife said it was me because she said she saw my face that I was placed under arrest. I was poorly treated being told repeatdly that how much several officers would love to do to me because I was a woman beater and abuser. After sitting in jail for 12 hours I made bond and try to get back my son which I have custody of but was told DSS took away my custody right because they said I was violent and allegedly commited the crime. the very next day I was asked to come into DSS to sign my safety assessment stating that they took away my right and it was a setup and was rearrested and remirandarized and told that they where changing my charge from B&E to Burgulary so it would be stiffer and they could put me back in jail. Shortly after they realised my story checked out and I was innocent. They arrestted my estranged wife and charged her filing a false police report. I own two business and my face was plastered all over the news and internet and has nearly destroyed my businesses. Not to mention that DSS was so quick to yank my rights of my son but I had to beg and plead for the concern of my son with his mother so they put into place sepervised visitiations which she has not followed and has been caught by DSS and they simply ignore it and say they feel she is no danger though it is believed and was said on the record by the investigating officer that it believed she cut and stabbed herself.

I am so sorry for the length and I could go into way more detail but it just so vast and I have been maliciously treated by so many Dept. of my local government. PLease help me and tell me my best path but I really dont have thousands of dollars to sink into this maybe a contingency plan if not just someone to stick harsher charges on her so she wont think this is a joke and try this at a later date. Also to help get DSS of my back because thye sent me to a pyschological evaluation and passed with flying colors with no concerns so DSS transfered me to another psychiatrist and signed me up for 15 hours.
Submitted: 3 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 3 years ago.

Hi, Welcome to JustAnswer

My name isXXXXX am a licensed, practicing Attorney, and I would be glad to help with your question,

 

There is no question that your Civil Rights were violated, especially since you had your friend with you who told the police that you were together and having dinner. There was no reason for the police to have charged you with all those crimes and put you in a holding sale for 12 hours. You have a cause of action for violation of your Civil Rights and wrongful arrest against the police, the police chief as the head of that police department, and the city who employs them. You also have a cause of action against DSS for violation of your Civil Rights.

 

Besides the action for wrongful arrest and violation of your civil rights against them, you also have a cause of action against them for libel, slander and defamation of character

 

JustAnswer's policy does not permit us to refer individual lawyers by name to customers. However, I believe it would be in your best interests to contact the American Civil Liberties Union (ACLU) in North Carolina and, although they do not take on individual cases, they can recommend lawyers who are not afraid to stand up for a client's rights. You can ask them to take your cases on a contingency which they will probably agree to. If they will not, then ask them if you can give them a retainer up front and pay the balance in installments. Here is the website of the North Carolina American Civil Liberties Union:

 

http://acluofnorthcarolina.org/

 

Your case will be filed in Federal Court which cannot be bought or influenced by local politics



Edited by ANDREA, on 2/1/2011 at 5:09 AM EST
Expert:  Andrea, Esq. replied 3 years ago.

We're having some technical problems we cannot get any spacing in between paragraphs and some of my Answer got cut off. Here is the official website of the American Civil Liberties Union ("ACLU" )

 

 

 

http://acluofnorthcarolina.org/

 

 

Thank you for your understanding

 

Customer: replied 3 years ago.
I tried to call the ACLU of North carolina and they said they handle big cases. All they did was refer me to the Charlotte attorney bar and they have also been fruitless. Is there any male discrimation right firms that I could contact. because i feel this is a perfect case of a woman running and telling and the system taking her word over all else.
Expert:  Andrea, Esq. replied 3 years ago.

It's not that the ACLU takes only big cases, they take on issues which are suffered by many.

 

Let me get you the websites of other chapters of the ACLU .

 

 

You should also look to the Bar Associations of the Counties surrounding your County

 

There is something I want to check out for you, I will be back in a minute, In the meantime, I would greatly appreciate it if you pressed the "Accept" button so that I receive credit for helping you, otherwise I do not get paid

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11644
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 9 other Legal Specialists are ready to help you
Expert:  Andrea, Esq. replied 3 years ago.

Thank you for accepting my Answer.

 

I wanted to check if there was a local chapter of the Federal Bar Association. This is made up of Attorneys who practice primarily in Federal Court which is where your case would be filed. The nearest Chapter is in Arlington, Virginia. Here is their contact information:

 

Federal Bar Association

1220 North Fillmore St.,

Suite 444

Arlington, VA 22201

Tel.(NNN) NNN-NNNN Fax(NNN) NNN-NNNN

 

 

There are no lawyers who take on "male discrimination" cases. You case would be considered a "domestic matter", unfortunately.

 

 

I am also giving you the website for the North Carolina Bar Association Referral Service. It is comprised of Attorneys from all over North Carolina

 

http://www.ncbar.org/

 

 

I don't know which branch of the ACLU you contacted, but here is one in Raleigh, North Carolina:

 

http://www.aclu.org/national-security/raleigh-nc-resolution

 

 

The South Carolina ACLU:

 

http://www.aclu.org/affiliate/south-carolina

 

 

 

Virginia ACLU:

 

http://www.aclu.org/affiliate/virginia

 

 

I don't which cities are near you, but you could look under those cities for an ACLU office because I know that they have names of civil rights Attorneys

 

If you need anything further, please let me know, or if you have other questions, please feel free to ask for me by typing my name at the beginning of your question or comment.

 

Thank you for bringing your question to JustAnswer and allowing me to assist you. If you have not already done so, please leave some Positive Feedback.

 

Thank you

Customer: replied 3 years ago.
I thank you and I accepted. Once again any info you have or could give is greatly appreciated. I feel I need to pursue this because when I was in court she showed no remorse for doing this and not one officer that told me how big of a piece of trash have even came up to me to say sorry or anything. I feel this was a terrible injustice and completly blows my mind how easily it was for her to destroy my life and the system stood by and let it happen.
Expert:  Andrea, Esq. replied 3 years ago.

You're very welcome! Let me know if you need anything else,

 

I do criminal defense work and, unfortunately, I have found that they lie more than the guiltiest of defendants, they're never there when you need them, they always take the easy way out, if they can avoid work, they will, and if my life depended on it, I would never call them. I'm not being cynical at all. My opinion has been formed by my personal observations and my interaction with them over the years.

 

You should pursue your case, police take advantage of their uniform to intimidate the very citizens they are sworn to protect.

 

You may want to make an appointment with the District Attorney's Office and ask their advice on how to avoid having this happen again. Don't let them say "Just stay away from her" because that is exactly what you were doing, yet she still got you arrested.

 

If you have to, have someone with you at all times who can attest to the fact that you were no where near her, just in case she wants to pull this stunt again, and she probably will because she didn't get the satisfaction she wanted this time around. I guess she didn't think far enough ahead that you might be with someone who could verify your whereabouts and exonerate you. Just be careful!

 

Thank you once again

 

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