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I believe my civil rights to a fair trial was violated by an…

Good morning I believe...

Good morning I believe my civil rights to a fair trial was violated by an officer lying on a police report

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

I can actually prove his lie too

Lawyer's Assistant: Has anything been filed or reported?

Nothing

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That should be it...i just feel wronged

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Answered in 5 minutes by:
1/2/2018
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 32,825
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Good morning. Did your attorney attack this and use it at trial?
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Customer reply replied 7 months ago
no...i had a public defender and he sucked...its an indepth situation
Customer reply replied 7 months ago
sorry, i cant afford the additional $60
If you were found guilty at trial you could have a basis to appeal. If the attorney was aware of this and did not attack or question it and it was material and could have affected the outcome of the case you may have a legal basis to support it. There is a possible ineffective assistance of counsel claim and that is something to explore to try and get a new trial. As far as a civil lawsuit , a lot depends on what was lied about and done but for something like this an appeal and new trial is what is done rather than a civil suit since monetary damages will not be awarded for this alone.
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Customer reply replied 7 months ago
this should clarify things for you. Back in March, my partner and i got into an argument. My now ex claimed i had punched him twice during the argument while i had him locked outside. we both called officers and an officer did respond. we were out in the driveway and my ex gave his version of events. The officer shined a flashlight into my exs face and said "i don't see anything" referring to the fact that at the time there was no mark on his face about his claim that i punched him. the officer then came to me and asked ME what had happened, where i basically told the same story minus the punch (if i did it, i would have owned up to it. that's my style and me). i was then placed under arrest in the driveway and put into the police car. while the officer was talking to me, my ex went into the house where he had a few minutes alone. the officer then entered my home, where he was for about 10 minutes. i ended up losing the first trial because my public defender came to court totally unprepared, asking me questions to ask the defendants minutes before the trial started. While preparing for my appeal, i read the officers version of events, and he CHANGED the order of events around to bolster his OPINION that my i had punched my ex. he states that he asked my ex what happened, took pics of a mark on my ex (in the driveway), then asked me what happened, then interviewed a roommate, THEN placed me under arrest. after reading this, i thought i didn't stand a chache on an appeal, having to prove the officer lying as well as my ex. i decided to settle and take a plea agreement, but it never sat well with me because the officer can do this to ANYBODY. the pictures clearly show they were taken in my home, and NOT outside as his police report says. i need help
This is not something that should have had an affect on the outcome of the trial. The officer showed up after the fact and could only testify to what he saw. The trial was to determined if you were guilty of what you were charged with so unless the officer said something at trial which was false and your attorney did not use the report against him to attack his credibility I do not see how the amended or modified report could result in a civil rights violation or lawsuit. If you attorney was not prepared you could have an in effective assistance of counsel claim and basis to appeal but I do not see how the report alone resulted in a judge or jury finding you guilty.
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Customer reply replied 7 months ago
I really feel that the actions of the officer took away my chance to a fair trail. while he was in the house, i don't know what happened, but this little, tiny scratched appeared on my ex (DEFINATELY not the mark of being punched twice in the face) and that's what the officer took pictures of. i saw the pictures later at my public defenders office while he deposed me for the first trial. its NOT beyond my ex to lie, and i didn't realize then that the officer changed around the order of events to help his case.
I do completely understand and this would need to have been used, attacked and questioned at the trial but your attorney.
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Customer reply replied 7 months ago
ok, so what you're saying is that the officer changing around the order of events is NOT a violation to my right to a fair trial. when i read his report, i myself would find me guilty
Customer reply replied 7 months ago
Its only a misdemeanor. i got a year of probation so i not worried about the outcome, i more worried about the officer doing this to somebody else, maybe a more important case. it shouldn't be allowed. i am in a good place cause the actions of my ex has forced me to leave him and start a separation process.
The report is the officers opinion. It is not a fact since they did not witness it. The report is based upon their observation. At the trial, your ex needed to testify and you could have as well to attack this and state time version of the events and what happened. The fact that the report does not reflect what you feel happened and was written to favor your ex is not a civil rights violation. As I shared , your attorney needed to attack this and use it to create doubt and go after the credibility of the officer. You can file a report with internal affairs if you are concerned about this officer and their conduct and have them investigated.
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 32,825
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Customer reply replied 7 months ago
ahhhhh thank you very much for your time =)
you have answered all my questions and i truly appreciate it. i may do just that and contact internal affairs and open this can of worms, for i completely feel wronged. again, i am ok with the outcome, just doesn't sit well that the officer gets away with this unquestioned.
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