Arrest, Search, Seizure, Warrant Falsely accused, malicious prosecution, Corrupt legal system

[corruptsystem]

I'm looking for people who have had the same or similar experience as I with being victimized by this corrupt legal system. A woman lied to the police to have me arrested and put in jail. They charged me with something they had absolutely no proof or evidence of and was the very charge that forced the judge to put me in jail. I was devastated that this psychopath was capable of doing something like this to me as well as the stress and suffering of being in jail. I was dragged through the mud for 7 months until the DA finally offered me an ACD. My attorney kept telling me that I could press charges against her but that the DA would not go after her because she was there witness even though it was not a real case due to her malicious lies.

Our legal system is corrupt and worthless. There is no concern for truth or justice anymore and it is accepted collateral damage for the innocent people who, along with there rights, are seriously abused. District attorneys process cases like widgets on an assembly line with absolutely no regard for the lives of the human beings they are abusing.

If this is not the most appropriate forum for this please redirect me.

Thanks!

CS

 

[FlaRiptide]

This forum helps people by offering advise regarding legal issues. It is not a place to soapbox your individual dissastification of the legal system.

Do you have a specific question you would like answered?

 

[corruptsystem]

Sorry...I do have questions

Sorry... I do have questions:

1 - Does anyone know of a forum or place to discuss what happened with others who went through something similar?

2 - What is the statute of limitations on malicious prosecution in New York state and when does that period start?

3 -I was told that a person cannot start a civil suit until the criminal leg of the case was concluded. Is this true?

4 -Is the district attorneys office and the assistant DA above the law or can they be sued?

5 - Is there any process, action or higher authority that can "force" or encourage the DA to prosecute, if you present absolute proof that someone committed the crime of lying on a sworn deposition, thus creating a false crime and sending someone to jail for it?

6 - The police charged me with a felony burglary with no evidence or proof of any thing stolen, or any wrongdoing or maliciousness. A judge told the DA's office there was nothing to substantiate that charge and asked what my crime was. Even the woman's lies did not substantiate this charge. Would this be a a good case against the police for false charges, false arrest and wrongful imprisonment?

7 - If a woman has an order of protection against you and forces herself in your presence by opening your car door while you are backing up to get away and sitting on the door step for hours, a crime of criminal solicitation or anything else?

8 - The day I saw someone from the public defenders office, she told me to make sure I call her that day between 2 and 4 which are the hours you can contact them from the jail. The correction officer on duty refused to let me make the call. This was a part of why I was not able to see or talk to an attorney for 4 days and why I ended up in jail for 8 days. Their handbook says inmates have the right to make calls to their attorneys. Was this a violation of my rights that could be pursued in litigation?

Thank you!

CS

 

[army judge]

Sorry... I do have questions:

1 - Does anyone know of a forum or place to discuss what happened with others who went through something similar?

There are many prison and prisoner abuse forums on the web. Just Google a term and see what pops up before your eyes.

2 - What is the statute of limitations on malicious prosecution in New York state and when does that period start?

It is either two or three years.

3 -I was told that a person cannot start a civil suit until the criminal leg of the case was concluded. Is this true?

That is not true. Filing a civil suit has no relationship to a criminal prosecution. Some attorneys would rather the criminal case be concluded, before bringing the civil matter. It isn't case law, however, it is preference.

4 -Is the district attorneys office and the assistant DA above the law or can they be sued?

Yes, you can sue elected officials, including the DA.

5 - Is there any process, action or higher authority that can "force" or encourage the DA to prosecute, if you present absolute proof that someone committed the crime of lying on a sworn deposition, thus creating a false crime and sending someone to jail for it?

A DA can not be forced to prosecute a case. A special prosecutor can be appointed, usually by the governor. In some states, citizens can initiate criminal prosecutions.

6 - The police charged me with a felony burglary with no evidence or proof of any thing stolen, or any wrongdoing or maliciousness. A judge told the DA's office there was nothing to substantiate that charge and asked what my crime was. Even the woman's lies did not substantiate this charge. Would this be a a good case against the police for false charges, false arrest and wrongful imprisonment?

A good case is one that you can win. You won't know until you litigate the case.

7 - If a woman has an order of protection against you and forces herself in your presence by opening your car door while you are backing up to get away and sitting on the door step for hours, a crime of criminal solicitation or anything else?

That doesn't make sense. You should have called the police, if that occurred. They would have remedied the problem. Self help remedies, USUALLY get YOU in trouble.

8 - The day I saw someone from the public defenders office, she told me to make sure I call her that day between 2 and 4 which are the hours you can contact them from the jail. The correction officer on duty refused to let me make the call. This was a part of why I was not able to see or talk to an attorney for 4 days and why I ended up in jail for 8 days. Their handbook says inmates have the right to make calls to their attorneys. Was this a violation of my rights that could be pursued in litigation?

I doubt it. But, this is the USA, and anything is possible. They could say that you weren't allowed to make the call because of jail security. It might not be true, but if they utter the magic words at the right time, they eliminate problems. They know the magic words. Magic words are very helpful to learn.

 

[corruptsystem]

Thanks for the detailed response!

On the first question, I meant people that had a woman deliberately lie to cause you to go to jail, false arrest etc. I would like to see how other people faired if they pursued this legally. I did do a number of searches on the internet but have not found anything appropriate yet. I thought someone might just know from experience.

On the statute of limitations I'm getting conflicting info. I heard 1 year and 2 or 3 years. Do you know when that period would start? Would it start at the time the charges were pressed/filed or on the indictment date, conviction/dismissal date or when the sentence, if any, is over? The charges were brought against me in April 2009, indicted on criminal trespass in August and given an ACD in November which expires in May.

As far as seeing what the DA will do, how would I go about initiating this? Do I have to go through the police or can I go right to the DA? Aren't they responsible for at least looking into the allegations and reviewing any evidence and proof?

Criminal solicitation...
I did have my finger on the 9 on my cell phone ready to call 911 when she forced me to stop. She was begging and pleading for me to let her talk. I thought I might be able to convince her to drop the charges which would have made sense given the point of the encounter was to let me know she wanted a relationship. But she never made any effort to drop them. If you want a laugh: When she pleaded to talk to me I told her that I can not be in her presence or talk to her and that I did not trust that she would not call the police and lie to them again telling them I approached her. After all the low life, despicable things she did to me lying to the police, she said "Oh...after all these years I can't believe you don't know me better by know".

She forced me into an unlawful position against my will. The "gun to my head" was the order of protection and unfair power they gave to her over me. There is nothing in the law that prohibits her from going against the order of protection. So I thought this might technically be criminal solicitation.

Thank you!

 

[thompson_v]

When does Statute of Limitation begin on Malicious Prosecution (Michigan)

I have an attorney that found out I had evidence linking him to the CEO of the Defense in my Federal Case.

When he discovered this, he filed a written petition containing false information, "ex parte" then later lied to a County Judge in direct contrast the a letter wrote to me by firm letterhead, e-mails he wrote to me, and a Notarized Declaration of the mediator in what was a "forced settlement" (i.e. settle or I will quite; which was not within any general rule of withdrawal).

The Judge knows his 17-year long partner on a personal basis and admitted so in court which is on transcript. The attorney also admitted my chances on my case were "good" in direct opposition to the agreed to personal mediator.

MY QUESTION on the Above Circumstances is this:

(a) I was under the impression the Statute of Limitations on Malicious Prosecution were 2-years (which they are in Michigan) and that they began when the PPO was filed. Does the statute of limitations begin when the PPO was filed or when its 1-year term ended?

(b) Does malicious prosecution, as I have researched it in Michigan, require that he lost his PPO. He won it, without any room for argument by me. His petition and discussion of about 15-20 minutes to the Judge was in one domain, the Judge, when I held up evidence and told the Judge it does not belong in that domain (that he had no evidence whatsoever of any threat and this was a preemptive move), the Judge took it in an entirely different direction (i.e. Separation/ending with the Firm), yet the attorney oddly interrupted the Judge and said no this is for me not for the firm.

The Judge had to pause for a moment because he had guided everything, after cutting me off, not allowing me to even speak for more than I would say a minute or less, and eventually just closed the matter saying "You have a chance to redeem yourself" (from what I don't know, but if I cannot file malicious prosecution, OR Defamation which I've yet to research, could I take it to the local offices of the Department of Justice, since this was a Federal case [I would take the evidence of criminal behavior during discovery proceedings and threats when I resisted settlement as the D.C. Court of Appeals remanded my case to the 6th Circuit in favor of me regarding Federal grounds and left open the Unjust Enrichment case for my state).

The case was exactly where it needed to be and my attorney thwarted it, when I have a Firm Letter promising to go through appeals back to the District Federal Judge whom I have wrote and has told me to get an attorney to seek remedy.

 

[MHSQ]

I agree with you. I am the victim of a series of attacks by another female. To name a few, she attacked me and cut my face up with keys. She also filed a false police report against me and I am currently being maliciously prosecuted by the Queens DA's office. The girl who is doing this to me is a neighborhood drug dealer who has an arrest record that dates back to at least 2008. I am a Preschool teacher and I am trying to go to graduate school in the fall so that I can work for the DOE. I have been to court 3 times and they refuse to drop the charge against me. I am totally innocent of any wrong doing, but no one will listen. There are two open cases against her for what she has done to me. The incident where she cut my face with keys has been dropped due to the fact that she had her friends lie to a grand jury. I am currently spending my time working and staying home due to the fact that I am afraid that she will attack me again or file another false report. I am scared and in need of immediate protection from this girl, but it seems that the DA's office has no conscience or desire to protect me. Finally, they are going to destroy my career, my life, and my future due to the fact that this girl claims that I scratched her hand. I refused an ACD because not only do I have witnesses to the fact that the incident never happened, but I also have a witness to the fact that she has tried to file a false report in the past. Finally, she was seen all morning on the day that she claims I scratched her hand and it turns out that she had been playing handball. I have also learned that this girl has been a mental patient for years and she gets some type of disability checks.The prosecuters know all of this and yet they are still pushing me into a trial. It's so "unjust" and I am suffering everyday because of this. Not only do I have a crazy girl trying to kill me, but I have the Queens DA's office helping her destroy my life and potentially making sure that I will never become a teacher or have any type of decent career if I am wrongfully convicted. This situation makes no sense to me and the only way to explain it is that the system is totally corrupt. An advocate group should be established ASAP!!

 

[allisonymca]

Hi
I understand how you feel. I am a victim of 3 false charges

 

[cbg]

Do you realize that this thread is from 2010 and the poster is long gone?