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How is it that the justice system can ignore the truth and

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rely upon a third person's...
How is it that the justice system can ignore the truth and rely upon a third person's story to victimize a family?There is no crime, yet the city attorney is pushing for a false charge and the judge is not dismissing the case because the third person is the spouse of a retired Sherrif and the arresting police officers falsified the statement to get the city attorney to file false charges.It is as if the justice system is forcing me to go to trial just to prove my innocence.The attorney doesn't seem to want to disrupt his reputation and is going along with the false charge to go to trial and get more money from me.I have all the evidence proving there is no crime.
Submitted: 1 month ago.Category: Criminal Law
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10/24/2017
Criminal Lawyer: Blake, Lawyer replied 1 month ago
Blake
Blake, Lawyer
Category: Criminal Law
Satisfied Customers: 49
Experience: Counsel at Warningstar Intelligence
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Hello, my name is***** am a practicing attorney and I would be happy to help you with this.

First of all, I am very sorry to hear that you feel you are being victimized by someone. In most circumstances, the best thing to do is to hire an attorney to protect yourself. However, it sounds like you already have an attorney and you are not happy with the service your attorney is providing.

Beyond that, it sounds like there is more to this story and it may be easier for you to explain your situation and ask your specific question over the phone. I am going to offer you the opportunity to speak over the phone to address your issue. There is an additional charge if you accept, and you are in no way obligated to choose to accept this offer for a phone call, but it sounds like that might be the easiest way for you to explain your situation and get the information you are looking for. I think it would also be best to remind you that any information about your case that you post on this website is available to the public, and could be seen by anyone. That is another reason why I am offering you the chance to have a private phone call.

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Criminal Lawyer: Blake, Lawyer replied 1 month ago

If you would like to start a private phone call, then you need to accept this answer and provide a positive rating.

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Customer reply replied 1 month ago
That is the same answer every attorney gives. I do not feel I am being victimized. My family IS being victimized. My wife and I have to deal with the added stress from the criminal injustice system. There is no crime, yet false charges are being pursued by the city attorney, and the judge is allowing it to happen. The false statements written by the police officers do not match the audio recording, except for the false story by the 3rd party non witness. My attorney even says there is no crime, but does nothing to get it dismissed. A one day trial costs me more money, even if the case gets dismissed the day of trial. It is a ploy to get more money from me because I make too much for a public defender.
Criminal Lawyer: Blake, Lawyer replied 1 month ago

I apologize, I did not mean to be dismissive. I simply don't have any facts about your case and was trying to be accurate based on what information was available to me.

I am going to opt out of this question and allow a different expert to assist you. I sincerely ***** ***** all the best.

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Customer reply replied 1 month ago
Read the question. The rest is explaining the reasoning for the question.
Criminal Lawyer: Law Educator, Esq., Lawyer replied 1 month ago
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 120,221
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am a DIFFERENT CONTRIBUTOR and I have read what your previous contributor wrote before leaving.

If you have evidence that you did not commit any crime, then the place to deal with that is in a trial. The US Constitution provides a right to due process, meaning a trial and meaningful opportunity to be heard and question witnesses. If the prosecutor is insisting this case be brought to trial and will not accept your attorney's information and assertions that no crime has been committed that is the prosecutor's going to trial to discretion. The legal system works in that case by you having your day in court and the prosecutor presents their case and why they believe you committed an alleged offense and they must prove their case beyond a reasonable doubt. Once the prosecutor presents their case, then you have the right to present your case and show how you did not commit the offense alleged. The judge is the trier of fact (or a jury in a jury trial) and it is up to them to decide guilt or innocence. Those are your constitutional rights under due process. There are no absolute rights for you to circumvent trial, no matter how inconvenient and costly and emotionally difficult it may be to have to go to trial.

HOWEVER, once you prove in trial that there is no basis for the criminal charges, you could possibly sue the party who filed the charges against you, the third party, in civil court for malicious prosecution and seek money damages for the embarrassment and emotional distress caused you by having to go through the trial process.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 1 month ago
If that is the case, then I am innocent until proven guilty. However, I am being treated guilty until I prove my innocence in court. My family has been punished by this guilty until proven innocent attitude.
Criminal Lawyer: Law Educator, Esq., Lawyer replied 1 month ago

Thank you for your reply.

You should not be treated as though you are guilty and your family should not be punished. Sometimes for a person who is accused and their family, it certainly can feel as though they are being punished, but they should not be punished at all and if you have not been convicted of anything you certainly should not be persecuted.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 1 month ago
Well, I was treated is if I was guilty. It took my wife 2 months to get the judge to let me come home. Meanwhile our children were also suffering without daddy. I still have release conditions as if I am guilty. I am not free as I should be if innocent until proven guilty. Therefore, we were punished or persecuted as if I was guilty. We do not feel as if we were being punished. We are being punished.That still does not answer my original question.
Criminal Lawyer: Law Educator, Esq., Lawyer replied 1 month ago

Thank you for your reply.

I understand how you feel. Conditions placed on defendants as part of bond/bail are not considered punishments, they are considered controls to avoid any repeat offenses or problems while the person is out on bond. It does seem like punishment to those who have never been through the system.

So, you having never been through this before being accused of any crime, you are out on bail, which the Constitution provides is a right to anyone arrested, but it also allows for conditions to be set as part of reasonable bond. They are not considered punishments, they are considered precautions.

You are going through the process to trial where you can prove your innocence. This is also why the states recognize civil suits for malicious prosecution that you can bring against any third party who files false charges against you, because they do recognize the emotional hardship being falsely accused causes.

The question actually is answered, it is just you dislike the answer, but I do understand that as many of my defendant clients have the same complaints about the system and how they feel persecuted by bail conditions prior to trial. However, it is the system we have in place and it is much better than the systems in many other countries, such as Mexico for example, where when someone is accused and arrested they have no right to bail and they have to sit in jail until trial even if they may have been falsely accused and are later found not guilty.

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Customer reply replied 1 month ago
This is what I am interpreting from you. I can falsely accuse you of a crime and the legal system can falsely arrest you and the justice system can falsely prosecute you while the alleged victim tells the judge that the crime never happened.Even though the judge is supposed to prevent these types of injustices by dismissing the charge with evidence of no crime.Instead of dismissing the charge, the justice system relies on my story to continue to take you to trial and keep release conditions upon you. It does not matter that I witnessed nothing, only made the false accusations against you.Meanwhile, the alleged victim is not pressing charges, but is refuting the charge altogether.There never was a pre trail proof of evidence for probable cause to have a trial. Just a trial date.There shouldn't be a trial because there is no crime. Even the alleged victim has submitted statements to the judge claiming the the accuser's story is false and that the alleged crime did not happen.My question still hasn't been answered. Merely justifications about an actual crime.I am asking about a false accusation and proof of no crime. Yet, still being handled like a crime was committed based on the third party non witness accuser's false accusations. Even though the alleged victim has been writing letters to the judge stating there was no crime and to dismiss or drop the charges.It would be different if the alleged victim pressed charges, but the State is going by the false accusations of the third party non witness.
Criminal Lawyer: Law Educator, Esq., Lawyer replied 1 month ago

Thank you for your reply.

You are interpreting it that way because you wish to be argumentative with someone, even though I did not cause your situation or write the laws, you wish to vent and unload on someone about the situation and that is fine. However, I am not arguing with you and am not disputing how anyone in your position feels, I actually agree that it is an awful feeling and terrible position to be in, but I am saying you have to work within the laws and system we have in place and those are what I am relaying to you.

Realize that defendants tell judges all the time they are innocent, judges want to see the proof. If you submit the proof in trial, which is how our system is set up, then you should be vindicated. If the charges were knowingly false, then you can sue the person who brought those false charges and seek monetary compensation from them.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 1 month ago
I am not being argumentative. I have asked a question and all seem to get is justification for false charges. If there is no witness, then the prosecutor should not be able to press charges and the judge should not allow it to happen.The morning of the scheduled trial, the prosecutor picked the witness and questioned the witness. The witness denied the charges from the prosecutor.Since the prosecutor did not have a witness, the prosecutor changed the charge the morning of trial. The judge denies my attorney's request to allow more time for defense of the new charge.The prosecutor pressed charges until the jury was selected. Meanwhile, the entire jury pool was present as I had to enter court. So, not only were the charges false, the jury pool now new who I was and that I was being charged of a crime.After the jury was selected, that is when the prosecutor accepted my attorney's offer for dismissal.So yes, my family was illegally persecuted and I was falsely charged.I did not feel like I was. I was.To give you a better understanding, the justice system is all white, even the lower court employees. The entire police force is white. The false accuser is related to a retired sheriff. My family is a minority family. KKK mentality is still predominant. It was confirmed by an older retiring attorney who is familiar with the area I live in.As recent as 20 years ago, people were still dressing in the KKK outfits in open public.Again, my question has not been answered. Only attempts to justify the illegal actions, because no one wants to admit the truth that injustice happens and they do not want to be the one to admit it.
Criminal Lawyer: Law Educator, Esq., Lawyer replied 1 month ago

Your question has been answered based on what the law says (not what we believe or feel), but nobody can answer what you want answered the way you want it because you only want to be told what you want to hear regardless of what the law is.

So your question has been answered. If this alleged older retiring attorney believes this is based on race, then this is his "score" because he would be signing you up and filing suit to make millions off of this Department. The fact is if he believed it was such a good case he would be taking it. So tell him to put his money where his mouth is and take your case and take them to court and prove this was discrimination, nobody here has ever told you that you could not do that if your facts prove that to be the case. The fact is if you have evidence of discrimination, that suit goes to US District Court so your little town judges do not even get a chance to hear the case and to cover it up.

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Customer reply replied 1 month ago
Original question "How is it that the justice system can ignore the truth and rely upon a third person's story to victimize a family?"Part of your answer "You are going through the process to trial where you can prove your innocence."It is not my duty to prove my innocence. I am supposed to be innocent until proven guilty. Without evidence of a crime, the charges should have been dismissed or dropped.I did not ask anything about being arrested for a crime. The charges should have been dropped or dismissed when released from jail for lack of evidence of a crime.I was denied due process. There was no pre trial to submit evidence for a trial. I was not allowed to cross examine any "prosecuting witnesses" since there weren't any.I was denied a speedy trial to prolong the persecution of my family.I was denied a pre trial to present my defense.The prosecutor was colliding with the false accuser to victimize my family.The question was not about taking the local justice system to court, it was about how the justice system can ignore the laws and victimize a family.The answers all talk about how the process works, but does not cover how the justice system can ignore the laws. Without evidence, charges can cannot be pursued. Yet, charges were pursued until the day of the trial before they were dismissed. Since there was no evidence of a crime, the prosecutor changed the charge and I was denied additional time to present a defense for the new charge.It was not dismissed until right before opening statements.Again, I had to spend over half a day in court just to maximize persecution before dismissing the case.I am it the only one who knows what happened to me was illegal. Even other police officers outside this jurisdiction say the charges should have been dropped and that it was wrong to press charges on hearsay. The arrest was done on a basis to protect the alleged victim. I did not have an issue with the arrest, it was the charges and continued persecution that I have a question about.There would not have been an issue if the charges were dropped and I was set free.The question is about how the justice system can ignore the law and falsely victimize a family.It has nothing to do with the legal process. I have no issues with the legal process.The legal process was ignored.If I ignore the legal process, I get in trouble, but the justice system doesn't.Now I am forced to take the justice system to trial for retribution.But the false persecution still happened and that cannot be undone.
Criminal Lawyer: Law Educator, Esq., Lawyer replied 1 month ago

Thank you for your reply.

That is the answer, the criminal justice process works where police make an arrest based on probable cause, which means third party witness statements. The police do not judge guilt or innocence, the judge under our system of laws is the trier of fact, so that is correct, the prosecutor must prove your guilt beyond a reasonable doubt with witnesses and evidence or you are to be found not guilty. That is exactly how the system works.

So the justice system DID NOT ignore laws if you spent over 1/2 day in court and charges were dismissed, that is the justice system at work it is just now how you think it should work or want it to work perhaps, but that is how the system works.

I also told you that you can seek to sue to recover for any malicious prosecution by suing the person who falsely filed the charges against you and that is how you are compensated for the "false persecution" not being able to be undone.

You do not have to like the system and you can believe the system is not right, but what you described above is the system and how it works, so they did not do anything out of the ordinary in your case other than follow the process set up in the judicial system.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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