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Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7279
Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
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I had three charges placed me and I cleared of them all with

Resolved Question:

I had three charges placed me and I cleared of them all with no judgment enteres against me. I was a Florida Bar Member. I think my pro bono attorney set me up as he stole all of my files of 27 years the day I was arrested. He had me sign papers I could understand before I went to trial. I am friends with the Circuit Judge. I am a 100% permanently disable Viet Nam Vet. I just want my name cleared and would love it I could sue the Supreme Court of Florida for Libel!
Submitted: 1 year ago.
Category: Legal
Expert:  Hammer O'Justice replied 1 year ago.
Hello.

If a warrant is based upon a falsified affidavit, then the evidence that is gathered as a result of the warrant would likely be suppressed by a judge, after the defense attorney makes an appropriate motion to suppress and the judge holds a hearing. It does not mean the charges go away automatically, however, if there was evidence that was gathered that is independent of the bad warrant. If the warrant and the evidence are thrown out and that is the only evidence in support of the charges, then the case will generally be dismissed.

You cannot sue a judge, however. Judges are immune from lawsuits arising out of their official judicial acts.
Customer: replied 1 year ago.

The trial is over. I think attorney did not ask that the charges ber removed due the fraudulent affivit for seach warrant. As I said he have me siugn papers I could not nor undersand due to my poor help and this well before the trial. The charge on the faudulent Affidavit was removed but the latter three were tried and I received adjudication withheld and I did my probation until the Judge removed Probation due to my poor health. I feel the Supreme Court of Florida acted upon the papers my attorney had me sign and that was before the trial itself. I spoke to an attorney in the past (this all happened in 1999)
and he told meit wold take gpoong to the Supreme Court to remove their derogatory statements and clear my name. Please ask me any thing further. I was first on SSD and later the VA as a 1`00% permanently disabled Viet Nam Vet.

Customer: replied 1 year ago.
Relist: Other.
Hammer O'Justice never replied to e at all with in the 15 minute period
Expert:  Joseph replied 1 year ago.

It appears that the previous attorney has been unavailable for awhile. Assuming you still want to proceed, I'm a Florida criminal defense attorney and I'd be happy to help. However, I need a few things clarified first.

.

1. In the initial post you indicated that you were "cleared" of all charges. You later stated you received a withhold of adjudication. Even though it's a withhold, that is still different from being "cleared". Which is correct?

.

2. When did this happen?

.

3. You mentioned suing the Supreme Court. Why? How was the Supreme Court involved?

.

Thank you.

Customer: replied 1 year ago.

This all happened in 1999. I was already declared disabled by the SS at that time. It is too late to go back to the trial counrt. I feel the Supreme Court ruled wrongfully against me due to the papers my then attorney had me sign (which I could not read or understand) and latter after that the Trial Court ruled Adjudication withheld.I was given only probation for a while but even that was dropped by the Judge due to poor health. After that I went to VA and fund to be 100% permanently disabled from the Viet Nam War. I contacted an attorney years ago when I had only SSD and he needed a $1,000.00 deposit which I could in no was ws able to pay then. This will have to be correct by the Supreme Court of Florida. I want my name cleared so I do not the history shown on google and I would also like to be shown as a retired Florida Attorney. Thank you. XXXXX who heard my case is very friendly towards me and he is still on the bench...Circuit Judge Michael Hutchinson. Thank you and I await for you answer about going to the Supreme Court to get his matter cleared up which I ws in the past that it could and the Supreme Court often rules with a heavy hand when it not appropriate. Thankyou and I await your reply.

Expert:  Joseph replied 1 year ago.

Thank you for the additional information, it was most helpful. Now then....

.

Based on what you have stated thus far, I do not see that you have a viable cause of action against the Supreme Court. One problem is that, as stated previously, judges are generally immune from any type of lawsuit. This is a significant burden that I do not believe you can clear. Another problem, and even more definitive, is any applicable statute of limitations. While limitation periods vary, this took place around fourteen years ago, well past any limitation established in Florida.

.

You might consider a different course of action. As you received a withhold of adjudication, you may be eligible to have your records sealed. If so, you could pick up a sealing packet from the clerk of court and fill it out and then send it to the Florida Department of Law Enforcement (FDLE). FDLE would then review your information and determine if a certificate of eligibility was appropriate.

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Joseph, Attorney
Category: Legal
Satisfied Customers: 7279
Experience: I have 15 years experience in the legal field, currently specializing in criminal and family law
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Joseph
Joseph
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I have 15 years experience in the legal field, currently specializing in criminal and family law