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I would like to know if there is anyone who can assist with political rhetoric of the federal magistrate who recommends to dismiss my rights as a citizen of the united states of America.
Submitted: 8 months ago.Category: Criminal Law
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Answered in 1 minute by:
9/21/2017
Criminal Lawyer: TJ, Esq., Attorney replied 8 months ago
TJ, Esq.
TJ, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 12,666
Experience: JD, MBA
Verified

Hello and thank you for the opportunity to assist you. My name is ***** ***** I'll be glad to help if I can. However, I am unclear about the situation. Can you provide a little background information and perhaps clarify the question? Thank you.

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Customer reply replied 8 months ago
I have added my recommendation from a federal magistrate , the response is my dilemma, can you assist with a response to the recommendation .
details are as follows : I was arrested in april 2015 and charged with meanecing and inducing panic , the police clearly arrested the wrong person as when I finally got a trial in june 2017 the charges were found not guilty. I have been told by attorneys to file for false arrest . The result of my filings is this recommendation for dismissal. Can you please help me out with your knowledge and experience ?
Criminal Lawyer: TJ, Esq., Attorney replied 8 months ago

Hi again.

I'll be happy to assist with a response. What is your question about your response?

Thank you.

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Customer reply replied 8 months ago
What is their argument of why they want my case dismissed ? What codes can I cite to object ? Can I appeal this in federal supreme court ?
Criminal Lawyer: TJ, Esq., Attorney replied 8 months ago

Hi again,

Q: What is their argument of why they want my case dismissed ?

A: Their argument to dismiss your case is based on a lack of jurisdiction and a failure to state a claim for which relief can be granted. Simply put, you cannot just file a lawsuit in federal court without regard to the facts or the law. First and foremost, the federal court must have jurisdiction. In order for the federal court to have jurisdiction, you must either be in a different state than the defendant, or there must be a federal law at issue. According to the recommendation, you failed to provide any basis for filing in federal court, i.e., you didn't indicate that you are in a different state, and you did not indicate what, if any, federal law is at issue. The federal court is not going to fill in the blanks for you. My guess is that your complaint is deficient in several ways, and so the best advice for you is to hire an attorney. Federal court is not like small claims court or Judge Judy. You are going to need to comply with all the rules of procedure and evidence just like an attorney. I would be doing you a great disservice if I did not give you that warning. That recommendation that you posted is actually very well written and refers to all of the important case law regarding the content of a complaint.

Q: What codes can I cite to object ?

A: There is no code that you can cite to dispute that case law. It's from the Supreme Court. You must comply with it. Your question is like asking me to give you arguments that 2 plus 2 equals 5 after a judge told you that it's 4. Rather than attempting to object and argue, you need to fix your complaint. Remember, the judge is an expert at this. There is a reason he suggested dismissal (and it's not to be unfair or to give you a hard time). So you should amend your complaint. You need to inform the court why it has jurisdiction. You need to either demonstrate that you live in a different state than the defendants, or you need to provide the federal laws that were violated.

Q: Can I appeal this in federal supreme court ?

A: Not yet. You must first appeal to the US Court of Appeals. But I do not suggest doing that. I suggest you fix your complaint. Based upon what the judge wrote, and based upon my own personal experience with non-lawyers, you will almost certainly lose if you appeal.

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Customer reply replied 8 months ago
Am I understanding this correctly , I will need to research which codes are in violation of unlawful arrest and include this in my objection , also I should write a complaint and attach it to the objection . Would you cite the federal codes for unlawful arrest and include the code for exceeding my right to a speedy trial , also if you could please include the code for an officer making false reports.
Criminal Lawyer: TJ, Esq., Attorney replied 8 months ago

Hi again.

Q: Am I understanding this correctly , I will need to research which codes are in violation of unlawful arrest and include this in my objection , also I should write a complaint and attach it to the objection .

A: If I were in your shoes, I would draft an amended complaint that corrects the deficiencies, and file that ASAP. Then I would file a response to the recommendation that indicates that an amended complaint was filed. The amended complaint needs to state specific laws that were violated if that is the basis for the federal jurisdiction.

Q: Would you cite the federal codes for unlawful arrest and include the code for exceeding my right to a speedy trial , also if you could please include the code for an officer making false reports.

A: There is no federal code for unlawful arrest, nor is there a federal code regarding speedy trials or false reports that applies to a state prosecution. The US Constitution has broad requirements regarding that, but there is no private right of action under federal law for violations of those, other than a 1983 civil rights action. In other words, you cannot maintain a civil suit in federal court for such violations, except a 1983 action. You can see the 1983 statute here: https://www.law.cornell.edu/uscode/text/42/1983

I'll note that the judge addressed a 1983 action in his recommendation, so you should take notice of that when amending the complaint.

I hope that helps. Please let me know if you need further clarification, and please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

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Customer reply replied 8 months ago
what about 42 USC 1983. for my grounds ? would this fall under unlawful arrest ?
Criminal Lawyer: TJ, Esq., Attorney replied 8 months ago

Hello again. That is the statue that I referred you to in my answer above. Yes, it's possible that your civil rights were violated and that you have recourse under section 1983. However, you should be mindful of what the judge wrote in that recommendation. He touched upon section 1983.

Please remember to provide a positive rating. Thank you.

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Criminal Lawyer: TJ, Esq., Attorney replied 8 months ago

Hello again. I didn't hear back from you, and you haven't yet rated me, so I'm just checking in to make sure that you don't need more help on this issue.

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