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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23530
Experience:  Active member of the NYS bar since 1989
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Need help with Tacoma case. false arrest and conflict of interest

Customer Question

Need help with Tacoma case. false arrest and conflict of interest case with the Mark L inquest DA office. This DA does not belong there for all the incorrect his is being chrged with by his co-workers. He has no business holding office.There is a best mess over there and my grandson is being made an example, this is a conflict of interest at this time. I need to explain in person. Clear sent me to federal legal civil rights clinic, however they do not answer or return calls. his civil rights have been violated was arrested without warrant, walked into my home uninvited. let him go NCF next day then reopened it 2x's. He is intellectual disabled. Has been all his life. The Sheriffs had no rights.Please someone speak with us. We are not of color but are in need of help and we are good people. Thank you for your assistance and time.
Respectfully ***** ***** Cameli
Home(253)0(###) ###-####ORCell:(###) ###-####
Submitted: 1 year ago.
Category: Legal
Expert:  Zoey, JD replied 1 year ago.
Hello,
My name is ***** ***** I will be assisting you with your question.
I understand that are angry that your grandson is caught up in the criminal justice system, but I need to better understand what is going on right now.
If I am reading your question correctly, the court has decided that your grandson needs to be evaluated to determine whether he is competent to assist in his own defense, because of his mental health condition.
Why did the police come to your grandson's home and arrest him in the first place? Is your grandson presently at liberty or are they holding him in a psychiatric hospital pending evaluation? Is there still an open case.
Customer: replied 1 year ago.
On May 12th, 2014 my grandson was working on his car in our ccar part. I went out side to say: Be careful, he was under the car. Where we resided it echos when one talks. The boy who lived across the street yell at me and called me a f___k -in bitch and said for me to shut up. My grandson, then walked over to his house, knocked on his door and asked him : Please do not talk to my gramma like that. She is old and sick. He then said thank you, ***** ***** to our property. The boy then got in his car with his girl friend came to our drive way(front of our house) and stated that he belonged to the crips gang and show the crips colors in his car. Said he would have them come after my grandson. I stated to my grandson: Ignore him, he was talking about nothing. He then (other boy and girlfriend) came back, we ignored him. My grandson went back to working on his car. I went into house to lay down with my 02 to breath better. I started to hear yelling in my drive way. I got up went outside, only to find the boys mom very close to my grandson's face. I went outside and asked everyone to leave and vacate. to stop the madness. The mother then lunged forward and punched me in my right side of chest, while I had my o2 on. Her other son ran over and grabbed her, and stated to her:" You did not just hit that lady, her reply was, yes she got too close." Her son then pulled her back, and she backed off from trying to strike my grandson. So we thought all was said and done. She then sent her son who was the problem, back over to us. He called my grandson, my grandson replied, The boy the throw tabacco from a tray in my grandson's face, called him a F___k prick and tried to spit in his face. My grandson blocked his spit by putting up his arm and my grandson elbow made contact with the boys lip. Which was then cut. I tried calling the sheriff but no one came. Then my grandson went walking through the lot to go to his uncles resident and this boy and his girlfriend tried to jump on his back. After all this, the maint. man of mobile park and his wife came by my resident and asked what happen. I told them, and also told them that the lady hit me. Well then the maint. man wife, grabbed my shirt, pulled it off my shoulder and said: There is know mark and I was a liar. The maint. man then stated my grandson was going to jail. So I walked away. About 1 in the morning a knock came at the door. It was the sheriff's. They wanted to talk to my grandson. I said stay outside and I would wake him. Well I went to wake him and they sheriffs walked into my house, no warrant and when my grandson opened the door, they cuffed him. I called 9111 many times until the officer who entered my home called back. He stated that both stories were simulor, except that the other lady stated I pushed her all the way off my driveway. That would have be impossible. I had 02 on and have not the strength to do so. So my grandson was taken away. Next morning he was released with NCF.So it was done. But that law would not reconize her assault on me, which I went to hospital with chest pains as I have had by pass and have meds daily. She hit very hard and the wires in my chest felt like they were sticking. Well the owner of the mobile park son, knows someone in DA'S office and he he pushed for the charges to be reinstated. Theychoose not to charge her with assault. I was called by Jennifer Sever of the DA'S they were not going to prosecute her for assault, only my grandson. So, this has been going on since May 12, 2014. My graqndson has had a past, for fights. However, they came on our property and that is where the assault took place. My grandson is diagnosed as M.R and has been evaluated before. The same people have attcked another disabled resident in the mobile home park. Police were called then. The DA'S office here is in there own serious trouble for charging folks with foolish situations and the head DA is under fire by his own associates, they have made charges public. This is a two way situation. The Sheriffs had no warrant, it was not a felony, and they were not invited into my home. There should have been no police in my home. they entered without warrant, or justification. I was told by Clear legal services to take it to FEDERAL LEVEL, for CIVIL RIGHTS> We were waiting for evaluation from Western State Hospital here in Washington. Well, I did have an attorney, Western State faxed him on June 4th, 2015 for the appt. on June 24th, to be at Western State, he neglected to inform us, and he was classified as a no show for the evaluation. I have since corrected that mess up by the atty. And we no longer have the atty. I am my grandson's LEGAL GUARDIAN appointed by SUPERIOR COURT, PIERCE COUNTY, WASHINGTON STATE. WE ALSO have CO-GUARDIAN in the event should something happen to me. We are in no the position to hire an atty at this time. My grandson has been diagnosed as M.R and incapacitated previously. The person who owns the mobile park has a sister who is at
Customer: replied 1 year ago.
is atty and they know DA'S. This case was open two -three time. Finally files August 2014.
Expert:  Zoey, JD replied 1 year ago.
Thanks for the reply.
So then there is now a case against your grandson, for which he appears no longer to have a lawyer. The issue of the warrantless entry into your house is a matter that has to be litigated during the course of your grandson's case, at a special pre-trial suppression hearing that is designed to investigate and challenge improper police actions. The US Supreme Court has held that every case is different and every search and seizure issue has to be addressed on a case-by-case basis at these hearings. The standard the judge must apply to the evidence is whether the police actions were reasonable under all of the facts and circumstances.
If after all the evidence, the judge finds the entry reasonable, then the evidence against your grandson obtained during the search will be usable against him at trial. If the judge finds that the police overstepped their authority, then any evidence they obtained as a result of that search could not be admitted into evidence and used against your grandson at trial. If the judge finds there was no probable cause to bring the police to the residence at all a case can be dismissed.
Your grandson should be able to obtain a public defender if he tells the judge he is unable to afford private counsel. But as to the rest of this, one thing you do not seem to have tried already is to contact the American Civil Liberties Union. The ACLU is devoted to addressing civil rights violations all across the country, and even if they cannot send someone to specifically address your grandson's matter, they may be able to steer you to a local civil rights lawyer who can offer you some pro bono assistance.
Customer: replied 1 year ago.
What evidence? Nothing was used no items. The judge has not looked at the whole and we have not had a pretrail as of yes. There was no search!!!! What about the assault on me? Where is the complaint report I put in, for assault and hospitalizing me, and 911 took me. They choose to ignore it. There was no search. Nothing to search for. These people assaulted us on our property.There was no weapons or even a right for them to enter my home. The system is very messed up. I really exspected a lilttle more. So I am able to be assaulted first and they get away with it. There was no evidence except for me going to hospital from the other person.
Expert:  Zoey, JD replied 1 year ago.
An entry by the police without a warrant nor an exception to the warrant requirement is considered a fourth amendment violation. The fourth Amendment has to do with unlawful search and seizure.
If the police obtained no evidence and made no arrest while in your premises, then the pre-trial hearing information would not apply. All you could do would be to report the matter, as you have possibly already done, to the officer's direct superiors, to the chief of police, to police Internal Affairs and to your State Attorney General to get the authorities to investigate the conduct of the officers and to sanction them if they violated your rights. If nothing is done and the corruption is so broad-based that everyone just whitewashes this, you can file a color of law claim with the FBI, because the Federal government can look into irregular state activities when the state won't take action.
https://www.fbi.gov/about-us/investigate/civilrights/color_of_law
A District Attorney has complete discretion to decide for him or herself whether to prosecute someone or not, who to prosecute, and how aggressively to prosecute. Nobody can make a DA bring a case, if the DA doesn't want to. They do not take every crime reported to them. There aren't enough criminal judges, courtrooms and lawyers to handle each and every complaint made to the authority. DAs can pick and choose.
I don't know why he is not interested in your assault. It may be because he's corrupt as you imply. It may also be because he does not believe he can prove that case beyond a reasonable doubt, which is the burden he has to meet in court. In any case, you are not without a remedy. You have the right to sue your assailant in civil court for your injuries and medical complications. Meanwhile, you can report the prosecutor to his bar association for misconduct or unethical behavior, if that's what you feel has been going on, to the state attorney general and also to the FBI as part of the Color of Law abuse claim.
Finally, you should involve the ACLU as this is right up their alley,and may want to make the media aware of this.
Customer: replied 1 year ago.
The man that owns the mobile home park has made it very clear to other residents that his sister is an attorney and he and her know the DA. Their goal is to chastise Dustin. plus, put him in jail.This is a personal vindictive. Residents will testify to that. As I stated before the same family has done the same to another disable young man, except the beat him up and a resident called the police.They went into Judges chambers to talk in private, with out client or his guardian. We have a legal right to know what was said. So where do I contact Federal assistance since we are indigent. Grandson is classified as a disabled adult and has IEP (individual education classes, self contained.) classes all his life. What are all these agencies for if not able to help or come forward. This is becoming frustrated daily. This county was build on diversity. Do you have a number for Federal Civil Rights Office in Washington. Also ACLU. I have just spent my last $$$$$$ on this contact to you. Thank you for your assistance. Madeline M. Cameli: Guardian, Appt by Superior Court. Pierce County Washington 2008. Plus I have raisede him, brother and sister since 09/19/1999.
Expert:  Zoey, JD replied 1 year ago.
The contact information for the ACLU is on their website. They are at ACLU.org. That's the national website, but they have branches all over the country and someone there will direct you.
The ACLU may be able to find you pro bono assistance. Otherwise, here are some links to the various agencies that give pro bono assistance in Washington state:
http://apps.americanbar.org/legalservices/findlegalhelp/freehelp.cfm?id=WA
You may have to make a lot of phone calls, but people in the pro bono loop know of others who donate their time and legal services. You should be able to get some type of hands-on assistance.
You could report your civil rights complaint to the FBI as a color of law abuse claim. I linked you in my earlier post to where you can read about that. Another place you can report a Federal civil right violation is with the Federal Civil Rights Division of the US Department of Justice:
http://www.justice.gov/crt/complaint/
Customer: replied 1 year ago.
They are not even able to location my assault chrg on her. There was no evidence or weapons in my home!!~!! they just walked in for no reason. Should have never stepped inside home. This was not with warrant or felony. They hit us on our property. Where is the justice. The system is really broken. I want justice once and for all. Everything you said, we have been going thru since may12,2014. The atty we had failed to notify us of evaluation and would not take fault. Plus I want to know and we have the right to know what was stated in judges chambers. They atty is no longer on board. Do you have the federal number for washington, innocent program or the aclu in washington.
Expert:  Zoey, JD replied 1 year ago.
I understand that you are angry and you are not getting the justice you believe you deserve. Unfortunately, it's very difficult to find pro bono assistance. There are many, many civil complainants without the funds for a lawyer and only a relatively small number of lawyers who do pro bono work. There is no constitutional right to a free civil attorney, which is what you need to bring a civil rights claim. So those who provide free help are spread very thin. It is very frustrating and a real problem, but your recourses are not numerous.
No I don't have phone numbers. Use the contact information on the website and they will direct you.
Project Innocence has to do with assisting prisoners on death row with appeals on the basis of DNA evidence. That all they are funded for. They would not be of any assistance to you.

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