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Actual innocence Prison

Discussion in 'Probation, Parole, Incarceration' started by Toybiker, Jun 6, 2022.

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  1. Toybiker

    Toybiker Law Topic Starter New Member

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    Jurisdiction:
    Florida
    How can you file an actual innocence claim without DNA evidence? You would need a recantation of a statement. Or something that is significant? Well my brother has a Miranda issue for sure because no one ever read his rights to him. The courts circumvented this by using a fourth amendment violation that was denied. And the court was told it was not a Miranda issue by the PD. Although my brothers motions were denied by the state using Miranda against him as if it were used during the evidentiary hearing. My brother was never read Miranda, during the evidentiary hearing was never put on the stand as required by Miranda. The three hour interrogation video was never watched. Pretty much everything in Miranda was violated. Now the Williams rule was used against him but dismissed after trial for lack of evidence. the medical expert gave some opinions that should not have been allowed. The medical expert also said not to ask questions in a specific way to the witness. Which brings me to my last issue with this. The state threatened the witness into saying what the state wanted to here because the witness was saying nothing happened. It wasent until the state said do you know the difference between the truth and a lie? Yes. What happens when you lie? You get into trouble. Then the state starts saying you said... And you said... Did you lie? What do you expect to happen? For the witness to be like yeah I lied. Hell no he was in court being bullied by the state. Those were the only things brought against him. Can you please tell me if I have enough to prove actual innocence. And yes all my claims are on paper. And if I ( whos not a lawyer) can see this....
     
  2. Zigner

    Zigner Well-Known Member

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    Your brother will be MUCH better off listening to his attorney. There is nothing for you to do here.
     
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  3. adjusterjack

    adjusterjack Super Moderator

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    If your brother was wrongly convicted, your brother hires a lawyer to file an appeal.

    It's that simple.

    If he can't, or won't, do that, then your protestations go nowhere.
     
  4. Toybiker

    Toybiker Law Topic Starter New Member

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    My brother nor I can afford an attorney. And listening to his pd attorney got him in prison. I mean what kind of attorney doesn't use Miranda or object to the fact that the Williams rule was used wrong. Also I'm just asking if this will be enough to prove actual innocence?
     
    Last edited: Jun 6, 2022
  5. zddoodah

    zddoodah Well-Known Member

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    Not sure what you hope to accomplish by posting here. Your posts are full of conclusory statements, but we have no way of assessing whether your conclusions are reasonable or meaningful. Heck...you didn't even tell us when the trial and conviction occurred or what he was convicted of doing. No one who isn't thoroughly familiar with the facts and evidence relevant to your brother's case can provide any sort of intelligent assessment.
     
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  6. Zigner

    Zigner Well-Known Member

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    I suspect that you don't actually understand Miranda.
    Irrelevant.
    Based on what you've said here, I'm going to go with "no". If your brother wants to have ANY hope at this, he'll need an attorney. There really is nothing more to be said.
     
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  7. adjusterjack

    adjusterjack Super Moderator

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    Contact the Innocence Project and see if they'll take it on.

    Contact - Innocence Project

    If not, then your brother stays in prison until you can hire an attorney to get this back in court.

    Was your brother convicted by a jury or did he take a plea bargain?
     
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  8. Toybiker

    Toybiker Law Topic Starter New Member

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    Out of all the answers yours
    out of every response yours is the most reasonable and fair. Thank you. And the facts? I'm not a law scholar or even close to it. But if I can see these problems, I know they exist. And as far as putting my brothers case out there I'm sorry I can't do that with out his permission on this web site. If you want to talk one on one and get the straight facts my email is REDACTED. Com . like I said I'm just trying to get my brother back into court. And i just need some advice as to what to do.
     
  9. army judge

    army judge Super Moderator

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    Is there anyone living in the USA today who doesn't know he or she isn't required to speak to law enforcement officials?

    Are there living human beings in this country who don't know that all a suspect has to do to avoid self incriminating is to keep his/her piehole shut?

    If the copper has you locked in that little room, recording you, all you need to do is remain silent and request to speak to an attorney.

    Better yet, obey society's laws and you'll never end up in that barren, little room.
     
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  10. Toybiker

    Toybiker Law Topic Starter New Member

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    Yes your right. But unfortunately my brother was told that there was all kinds of evidence Against him. Even though he knew otherwise. But he was also told no one would believe him over that officer. So for over 3 hours my brother was defending himself against an officer who never read him his Miranda and was cuffed on the way to the substation. So he took the way out that the officer suggested and that was to say the incident was an accident. That way the courts would take it easy on him and he wouldn't be in jail more than 3 months. But obviously that was a lie. None of that was brought up in court either. Its easy to comment on this and yes my bro is a dumb@$$ for saying he did something he didn't do. But he didn't see any other way out of it. Because of the way the officer was conducting the interrogation. And oooah 63b light wheeled mech. Thanks for serving.
     
  11. army judge

    army judge Super Moderator

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    Serving in our army for 35 years was one of most rewarding things I've ever been allowed to do.

    Receiving the Distinguished Service Cross and three Silver Star Medals are among my most treasured achievements, besides living to talk about it.

    This is the freest, greatest nation on the planet.

    My thanks goes out to all the draftees who served this nation when called to serve and defend her.

    Those are the real patriots, citizen-soldiers.

    This law professor summarized it very well.

    By the way, the police are ENCOURAGED and LEGALLY PERMITTED to LIE to a suspect to get the subject to ADMIT and/or CONFESS to the CRIME(s).

    Never talk to the police.

    Use your right to REMAIN SILENT.

    Speak about the charges and circumstances surrounding the charges ONLY with your attorney.

















    ....
     
  12. Tax Counsel

    Tax Counsel Well-Known Member

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    Do that and you are less likely to end up in that little room, certainly. But stating that it would never happen assumes a level of perfection that our cops have yet to achieve and very likely never will. Sadly there are still today persons who are prosecuted and convicted of crimes they did not actually commit. All the more reason to exercise your right to remain silent.
     
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  13. adjusterjack

    adjusterjack Super Moderator

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    Incredible discussion - Matthews and Professor Duane.
     
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  14. flyingron

    flyingron Well-Known Member

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    1. Police are allowed to lie.
    2. Contrary to what you know from watch TV shows, Miranda isn't necessary on arrest, just before custodial questioning.
     
  15. army judge

    army judge Super Moderator

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    All the brave souls choosing to "protect and serve" the citizenry derive from those they serve.

    That is to say, law enforcement officers are human beings, too.

    The vast majority do walk the straight and narrow path their profession requires in order to retain their badge, commission, and weapon.

    If a person gets arrested, transported to HQ, and ends up in an interview room blabbing, he or she should accept the blame.

    Any suspect can end the interrogation by saying the follow phrase: "I want a lawyer."

    Heck, even if a suspect simply kept his/her mouth closed, it serves the same end.
     
  16. zddoodah

    zddoodah Well-Known Member

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    I don't want to engage in a debate about a matter for which we have zero factual information. However, in my experience, laypersons often see problems that, to one with knowledge and training in the law, are not at all problematic. The Miranda issue is a prime example. Over the past 20+ years on forums like this, I've seen dozens (maybe hundreds) of posts by folks who incorrectly think a Miranda violation has occurred because the warnings weren't read at the time of arrest and that the remedy for that violation is the dismissal of charges. However, Miranda warnings are not required solely because of an arrest and, even where a Miranda violation has occurred, the remedy is exclusion of any incriminating statements from evidence.
     
  17. adjusterjack

    adjusterjack Super Moderator

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    Not according to the US Supreme Court, as was pointed out by Professor Duane in the interview. Watch it again. It's in there
     
  18. Tax Counsel

    Tax Counsel Well-Known Member

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    I disagree. Sure, the person should accept the consequences of what he/she says, but if the person has committed no crime he or she certainly should not "accept the blame" for winding up in that interview room.
     
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  19. Zigner

    Zigner Well-Known Member

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    When I was a kid, my best friend, unbeknownst to me, stole something from my parents (a valuable something). I was interviewed by the police, but nothing ever came of it because I had no knowledge or involvement.
     
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  20. army judge

    army judge Super Moderator

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    fc,550x550,black.jpg
     
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