Arrest, Search, Seizure, Warrant cival rights violations PLEASE HELP ME!!!!

[j0kerz]

I have been trying to remedy myself of this dilemma for almost 6 years now........
I will start from the beginning......
I am a computer repair man,I now own a small computer repair business....
I bought a laptop computer from a Friend-of-a-friend,it was the whole I need money for probation story...I felt bad for the guy,so I bought it from him....

Next thing I know I am coming home and my whole house is surrounded by police...I still made no effort to evade,I get out of the car and the police pointed guns at me,my wife(who was holding my newborn child),and the two guys who were with me.Next they took us one by one into my house (which they had destroyed,including kicking the door down)I was last to be took upstairs,this is when they basically said, forget what he has to say,just take him to jail.At this point I refused to talk to them,this is when I saw just how crooked that they could be....They actually charged me with obstructing government operations,amongst the other charges.I was booked and not allowed to make a phone call,I was then locked down in a cell for a period of 72hrs (only allowed out for 20 mins to shower and no phone calls)before I was ever charged with anything. I saw the other guy who was with me and he had been choaked by the police officers,literally 1 bruise on one side of his neck and 4 on the other(obvious hand markings)!They had this guy confessing to every crime Gadsden had seen in years.This is the part where I made bail and was released.As soon as I got home, my well thinking wife, had made them give her the search warrant which justified them doing this to our home,THE SEARCH WARRANT HAD NO SIGNATURE ON IT!!!!!!!!

So I think I am all in the clear now right,any lawyer in his/her right mind would be able to get these charges dropped.Obstructing government operations,Receiving stolen property,and they also charged me with theft??,both 3rd degree felonies.Obviously I was wrong...four years have gone by and I haven't heard the first thing from my public pretender,except meeting him briefly in the beginning.I finally get a phone call(which I moved back home to Florida,jumping my bond)saying that I had missed my court date and a warrant had been issued for my arrest.At this point I went back to Alabama to handle my charges like a man...this is when I found out that he did not know the first thing about my case. He told me that the search warrant meant nothing,and that if I did not cop out to the charges today that I would be taken into custody and jailed until they decided to have another trial..Picking the lesser of two evils, I was forced to cop out to the theft charge.they gave me five years felony probation,with no time served,and this is the only charge I have ever had.I could go on and on about how they stole my legally purchased firearm and I also have another lawsuit for false arrest(completely unrelated).

Obviously I was railroaded by this system,I have to make this all go away.I cant believe a person could have there whole life effected like this and that they could get away with the civil rights violations that they did to me.I have been looking for someone to help me for so long that it feels like a hopeless cause,I have called lawyers,I have asked for help in every direction I can imagine,I am alone on this.Honestly I cannot live in a world where this could happen and could also happen to my children.I am so determined to put an end to it I would almost be willing to do anything.

SOMEONE PLEASE HELP ME!!!!!!!

 

[seniorjudge]

What is your legal question for us?

 

[CdwJava]

I bought a laptop computer from a Friend-of-a-friend,it was the whole I need money for probation story...I felt bad for the guy,so I bought it from him....

BAAAD choice! Buying a computer from a guy already in trouble with the law for what I imagine was a bargain rate price should have been a clue.

THE SEARCH WARRANT HAD NO SIGNATURE ON IT!!!!!!!!

Your copy doesn't HAVE to have a signature on it. The copy I give to people never does - that signature is on the original. I imagine that the warrant was signed by a judge or approved verbally.

So I think I am all in the clear now right,any lawyer in his/her right mind would be able to get these charges dropped.Obstructing government operations,Receiving stolen property,and they also charged me with theft??

Why do you think that? Without knowing what the officers are basing the obstruction charge on, it's impossible to say. As for the receiving stolen property, in most instances all they have to show is that you were in possession of property that you knew was stolen or SHOULD have reasonably known was stolen ... if you bought it at well below market value or in a back alley, or if the seller indicated it might be stolen, then you could be convicted.

,both 3rd degree felonies.Obviously I was wrong...four years have gone by and I haven't heard the first thing from my public pretender,except meeting him briefly in the beginning.

Four years? So ... they never prosecuted you?

I finally get a phone call(which I moved back home to Florida,jumping my bond)saying that I had missed my court date and a warrant had been issued for my arrest.

Okay, THAT explains why you weren't prosecuted - you left the jurisdiction.

I was forced to cop out to the theft charge.they gave me five years felony probation,with no time served,and this is the only charge I have ever had.

So, you pled out and were thus convicted of the offense.

I have been looking for someone to help me for so long that it feels like a hopeless cause,I have called lawyers,I have asked for help in every direction I can imagine,I am alone on this.

The problem you have is that you pled guilty ... this generally precludes any lawsuit for false arrest. As part of the plea deal you likely had to allocute to the offenses unless you pled "no contest".

You have a hard case for an attorney to litigate. Plus, given the time frame - for years past - I suspect that any statute of limitations on filing a claim for damages has long past.


- Carl

 

[j0kerz]

thank god u replied!!

BAAAD choice! Buying a computer from a guy already in trouble with the law for what I imagine was a bargain rate price should have been a clue.

It was not a bargain price,in fact several times I figured on refusing the whole idea due to the price,even after it was in my possession.Also I completely agree on it being a bad choice,but a choice that will wind up effecting 11+ years of my life,it was not.

Your copy doesn't HAVE to have a signature on it. The copy I give to people never does - that signature is on the original. I imagine that the warrant was signed by a judge or approved verbally.

I am under this impression due to facts,
fact 1. these police could not show just cause for being in my home.(could not show a signed search warrant)
fact 2. my first public defender filed a motion with the court in regards to this fact trying to have it dropped(from what i was told,the judge never got to see this motion)
fact 3. the landlord was the mother of the main lawyer the police used to defend themselves in this county..
(this part is just hearsay,but I was informed that she tried to open the place,but couldn't find the key,and thus authorized them to kick the door in)

Why do you think that? Without knowing what the officers are basing the obstruction charge on, it's impossible to say.

I am telling you,I would not talk to them,and several times he told me that he would charge me with this if I did not cooperate.

As for the receiving stolen property, in most instances all they have to show is that you were in possession of property that you knew was stolen or SHOULD have reasonably known was stolen ... if you bought it at well below market value or in a back alley, or if the seller indicated it might be stolen, then you could be convicted.

how could they know this without talking to me?????and also where is the justification for the theft charge?they already had the original guy in custody,I am sure they were aware that I did not steal this computer.

Four years? So ... they never prosecuted you?
Okay, THAT explains why you weren't prosecuted - you left the jurisdiction.

you are a bit mistaken,while I did leave the jurisdiction,there was never a trial date set for the four years that I mentioned,I am not afraid to accept responsibility for leaving the jurisdiction,I was wrong.....But be clear, that it was nearly three years after this happened that I left,and that there was no trial date set for four years total(which they were unaware that I wasn't in that jurisdiction)

So, you pled out and were thus convicted of the offense.

yes this is accurate,this is part of the cause of my drama,my lawyer didn't know the first thing about my case except what was currently happening/going to happen.I mentioned the search warrant,and the strangling,the theft,the other suit against the city for false arrest...and all he could say is,"we are here to deal with the right here and now",leaving me with a choice to pick the lesser of 2 evils.Cop out and go home, or sit in jail until they decided to have another trial(also mentioning that it took them 4 years the first time)

The problem you have is that you pled guilty ... this generally precludes any lawsuit for false arrest. As part of the plea deal you likely had to allocate to the offenses unless you pled "no contest".

I agree this is defiantly the problem....which I am going to HAVE TO TRY TO RECTIFY

You have a hard case for an attorney to litigate. Plus, given the time frame - for years past - I suspect that any statute of limitations on filing a claim for damages has long past.

someone must be held responsible for this.....The lawyers i have called,haven't really provided me with too much hope. 1 guy did explain that I would have to go through he whole process again,starting with asking to have the guilty plea withdrawn.Which I would do, if I knew that they felt there was a high chance of success.I was really hoping that someone could help me find a way to force them to remove these things due to the civil rights violations/corruptions(like someone who was serving time and new evidence had surfaced would do)


I have tried to answer all of your questions/statements in a professional manner.
based on your statements,(and the way u dissected my story) I am assuming that you are a police officer.....

The copy I give to people never does

I really need help with this,I am not attacking you in any way,but it sounds like your line of thinking,is to defend these officers(criminals with badges).You need to assume just for a moment that I am telling you the truth,I have nothing to gain by lying to you,with any effort I can prove these things.
What I am telling you is real.... people were strangled,arrested,home invaded,falsely accused,my legally purchased firearm was stolen by them,one of them made an effort to seek a sexual relationship with my wife...seriously I could go on and on.The bottom line is that they were criminals with badges,and any police officer who lives his/her life with the stereotypes police have to carry based on people like this, would be wrong to turn there head and/or defend what they did to me....because it effects all of us including you.

 

[CdwJava]

I am under this impression due to facts,
fact 1. these police could not show just cause for being in my home.(could not show a signed search warrant)

I doubt your state requires a signed copy be presented to you ... but, you can ask your attorney about that - some states have peculiar laws. My state does not require I present the resident with a signed copy, and I am not aware of any state that requires it .. but, maybe ...

fact 2. my first public defender filed a motion with the court in regards to this fact trying to have it dropped(from what i was told,the judge never got to see this motion)

Eventually he'll have to hear the motion unless he dismissed it out of hand.

fact 3. the landlord was the mother of the main lawyer the police used to defend themselves in this county..

So? Did that have some material fact that came into play on the issuance of the search warrant? This would seem to be entirely irrelevant to the issue of the warrant.

I am telling you,I would not talk to them,and several times he told me that he would charge me with this if I did not cooperate.

Well, if you made any incriminating statements after being coerced, you can argue that they were no truly voluntary. Again, an issue for the attorney as he will have the facts.

and also where is the justification for the theft charge?they already had the original guy in custody,I am sure they were aware that I did not steal this computer.

It depends on the laws in your state. Perhaps someone who is charged or viewed as an accomplice can be charged as a principle. Perhaps they have some reason to believe you were either involved or were complicit in the original theft. You'll have to ask your attorney what it says in the report to support that claim. It could be that this count will be dropped before trial ... if it goes to trial.

you are a bit mistaken,while I did leave the jurisdiction,there was never a trial date set for the four years that I mentioned,

Perhaps, but by leaving any statute of limitations that might have existed was rendered moot.

yes this is accurate,this is part of the cause of my drama,my lawyer didn't know the first thing about my case except what was currently happening/going to happen.I mentioned the search warrant,and the strangling,the theft,the other suit against the city for false arrest...and all he could say is,"we are here to deal with the right here and now",leaving me with a choice to pick the lesser of 2 evils.Cop out and go home, or sit in jail until they decided to have another trial(also mentioning that it took them 4 years the first time)

An admission to the offense generally precludes any appeal or other action contrary to that admission. Unless you can argue ineffective counsel or some other drastic issue that effected the outcome of your case, you're kinda stuck.

Have you consulted any new lawyers about appealing or going back to court?

So many years have passed that it is very likely that nothing can be done at this point.

I have tried to answer all of your questions/statements in a professional manner.
based on your statements,(and the way u dissected my story) I am assuming that you are a police officer.....

You have, and I am.

I really need help with this,I am not attacking you in any way,but it sounds like your line of thinking,is to defend these officers(criminals with badges).

And your line of thinking is to assume they have some ulterior or corrupt motive for coming to the conclusions they did. I have no way to know what their reasoning was, but more often than not there is ample cause to come to a conclusion of guilt even if it might, in fact, be erroneous.

I'm not defending anything - not them not you. But would it do you any good for me to say what a bum rap you got and tell you that you have a snowball's chance when I don't think you do? I have seen people make all manner of accusation against officers that simply weren't true - but the accuser likely believed they were. I have been accused of being brutal and violating people's civil rights on two occasions ... neither claim was remotely true, but I believe that in both instances the parties involved truly believed I had. And I have heard all manner of scurrilous accusation tossed about concerning incidents I was present at and the "facts" as presented in the accusation just simply weren't true. Much of what we think is true is a matter of perception. Two people can see the same event and come to different conclusions ... you might see an act of police brutality, and I might see (because of my knowledge of the law and procedure) see a lawful use of force during an arrest. It's all a matter of perspective.

The issues involved in appealing or challenging any decision in your specific set of circumstances is something only your attorney can evaluate. I am not aware of your state's laws on the issues involved, so I cannot render an opinion on the matter. However, given the time, the fact you plead out, and the outline of the circumstances, I'd have to say that it looks like an expensive and uphill gamble for you.

Good luck.

- Carl

 

[j0kerz]

great to have someone knowlagable to talk to.......

I doubt your state requires a signed copy be presented to you ... but, you can ask your attorney about that - some states have peculiar laws. My state does not require I present the resident with a signed copy, and I am not aware of any state that requires it .. but, maybe ...

he's worthless,but will do,(added of my list of things to do)
1.ask him questions I learn from here/you
2.contact the governor

Eventually he'll have to hear the motion unless he dismissed it out of hand.

actually like I stated before,this motion was filed,but never seen by the judge,now it may be too late..

So? Did that have some material fact that came into play on the issuance of the search warrant? This would seem to be entirely irrelevant to the issue of the warrant.

Assuming my first public defender knew the warrant thing to be accurate....we are assuming.....but if there was no warrant,I think she just plain granted them permission,and said she would not sue them for the damages.....@ which time they proceeded with their crime.(again I am not trying to hold water with this issue,it just seems to support the theory that they didn't have a signed warrant,this is the method that they used instead)

Well, if you made any incriminating statements after being coerced, you can argue that they were no truly voluntary. Again, an issue for the attorney as he will have the facts.

like I said before,all I can do @ this point is to rely on this worthless public pretender,look where that got me

It depends on the laws in your state. Perhaps someone who is charged or viewed as an accomplice can be charged as a principle. Perhaps they have some reason to believe you were either involved or were complicit in the original theft. You'll have to ask your attorney what it says in the report to support that claim. It could be that this count will be dropped before trial ... if it goes to trial.

Actually when I coped out,they null processed the receiving charge and made the theft charge go through,leaving my record to look like I am a thief

Perhaps, but by leaving any statute of limitations that might have existed was rendered moot.

just want to clarify,I was arrested,made bail,went to court and pled "not guilty",was assigned my first public defender,and I am saying it was 4 years after that,I tried going after the limitations,but it was all within spec...I cannot think of what they call that not guilty court appearance...but the four years I mention shows only that they literally had no case.Some lawyers have asked why my atty. didn't exercise my right to a speedy trial,again showing his incompetence..ineffective counsel

An admission to the offense generally precludes any appeal or other action contrary to that admission. Unless you can argue ineffective counsel or some other drastic issue that effected the outcome of your case

This is exactly what I am trying to argue.Ineffective counsel,as well as the civil rights violations.as I stated before,.I was really hoping that someone could help me find a way to force them to remove these things due to the civil rights violations/corruptions(like someone who was serving time and new evidence had surfaced would do)I know I am very limited.But @ the same time I have no other option,this is my life,and it has been violated.They created a monster that day,and I will spend everything I have, to make them have to pay for what they did to me...I would let that anger go,if they had just dropped it,but now they leave me with no choice.....I must expose them/the truth,in order to clear my name..

you're kinda stuck.So many years have passed that it is very likely that nothing can be done at this point.

feels that way,but that's just not an option....

Have you consulted any new lawyers about appealing or going back to court?

I am screwed on the appeal process,gotta love the public pretender.......The lawyers I have called,haven't really provided me with too much hope. 1 guy did explain that I would have to go through he whole process again,starting with asking to have the guilty plea withdrawn.Which I would do, if I knew that they felt there was a high chance of success.Although he told me he was clueless to the outcome he could provide,and wouldn't even look into it unless I provided 20,000 dollars

And your line of thinking is to assume they have some ulterior or corrupt motive.....Two people can see the same event and come to different conclusions ... you might see an act of police brutality, and I might see (because of my knowledge of the law and procedure) see a lawful use of force during an arrest. It's all a matter of perspective.

I only wish someone would allow me to prove these wrongdoings...somone who could help...they strangled this guy,then locked us down for 72 hours,he was never charged with anything.....no phone calls,no pictures,Well maybe he was photographed when he was released???...but they tried to cover their selves....saying these bruises where hickies....the guy weighed like 95 lbs.
I wish u would see the corruption somewhere in my story..... the strangling,the lockdown,the denial of the phone call,search warrant,the charging me with obstruction,the motives to my wife,the theft of my gun,something...... I need help

However, given the time, the fact you plead out, and the outline of the circumstances, I'd have to say that it looks like an expensive and uphill gamble for you..

I guess i am just screwed,because i dont have that kind of money...it just goes to show that money/power rule all.the average joe doesnt stand a chance,even to defend his own name..i wonder why i was ever taught to love this country when this is how they can treat us and get away with it...
America is best defined by Chris Rock...
America is the uncle who paid your way through college,but also molested you...

i am smarter/stronger than this...but this is the type of thing that could cause somone to snap...to resort to desprate measures.I hate the law,i see no value when this type of thing is going on everywhere.and nothing can be done about it....ahhhh i guess im just rambling...but when i get money,they better fear what i am gonna do to expose this kind of injustice...I guess ill have plenty of time to plan....

 

[j0kerz]

still looking for options,can anybody offer any???I really need help with this....I will not give up....

 

[seniorjudge]

still looking for options,can anybody offer any???I really need help with this....I will not give up....

I believe Carl covered it quite well.