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I was arrested and charged with Child Neglect back in 2003

and then in 2004 I...
I was arrested and charged with Child Neglect back in 2003 and then in 2004 I was atested again and charged for other crimes which I either don't remember committing or that others stated that I committed. In both these cases I never received the given rights that stated that I had the right to remain silence and so forth. My question is, should I have been charged with the second set of crimes when the only contact I had with the police was when I was charged with Child Neglect. Before that no one had ever called the police to report that I was abusing my child.
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3/10/2013
LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Criminal Law
Satisfied Customers: 7,639
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Hello Francia,
Can you please tell me:
(1) What were the second set of crimes?
(2) Were they based on the first investigation (where you were not read your rights)?
Thanks!
Ben, J.D.

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Customer reply replied 4 years ago

My other crimes were 4 counts of Criminial Mistreatment 1 which later got reduce to two counts of Criminal Mistreatment 2 and two counts of Assult 4. I was never given my rights during these investigations. These other crimes were based on what I said in the first investigation. Basically, I was only investigated once and both involved my first child. The only reason that I was charged with the other crimes was to prevent me from getting back my child; which the judge said I would be able to to after completing anger management classes, and parenting classes.

Hello again Francia,
My name isXXXXX'm a licensed attorney. Glad to try and help out.
Sure sorry for the circumstances, truly. My heart goes out to you.
Based on your description, the second prosecution is highly suspect, as follows. There are legal doctrines called the "Exclusionary Rule" and the "Fruit of the Poisonous Tree", among others, which come into application in such cases. It all stems from your protections afforded pursuant to the Fourth, Fifth and Thirteenth Amendments to the United States Constitution, to name a few. Finally, we have the implications of a couple of famous landmark cases which led to what we commonly speak of today as being read one's Miranda rights.
That's the history, but here's the botXXXXX XXXXXne. Failing to advise you of your Constitutional rights to remain silent, avoid self-incrimination, receive legal counsel, etc. was a fatal error in the first investigation. In other words, anything stemming therefrom should have been excluded from consideration. A criminal defense attorney back at that time would have had outstanding ammunition to work with given the failure to advise you of your rights.

If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.
I truly hope all works out for you.
Take care,
Ben, J.D.
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Customer reply replied 4 years ago


Knowing that the procedures for proper procesuction weren't followed. Is there anything I can do to regain the losses that I suffered due to unlawful procesuction.

Hello again Francia,
Your main obstacle here is time, meaning determining whether or not bringing a civil case is barred given how much time has elapsed. Having carefully considered everything you're shared here, and in particular considering the serious issues of Constitutional ramifications, here is what I would recommend. I would have the case screened on the merits by a plaintiffs' trial attorney. This can only be done through having a lawyer review the circumstances. Your next step at this juncture is to confer with legal counsel, but the good news is that process is entirely free of charge to you.
I can only imagine what a stressful and trying time this is for you, so please believe me I mean it when I say I am glad to say there is a way to seek justice without having the burden of trying to pay attorneys' fees . To help folks in this online venue, I am required to follow site rules including refraining from accepting cases and/or making direct referrals to named attorneys. However, I can tell you where I would turn were I in your very shoes. Toward that end, my very next step would be to take advantage of the resources of the non-profit, American Bar Association accredited, National Board of Trial Advocacy Division of the National Board of Legal Specialty Certification. Here is a listing of all such Board Certified Civil Trial Advocates practicing in your jurisdiction (please just click the following link):
Oregon

Best regards,
Ben, J.D.
LawHelpNow
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Satisfied Customers: 7,639
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Hello Francia,

I enjoyed working with you recently.

How are things going?

Is there anything else I can do to help?

Please just let me know.

Thanks!

Ben, J.D.
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LawHelpNow
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