Sex Crimes, Sex Offenders habeas corpus and PRP Questions

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brianw

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Jurisdiction
Washington
Hi, I was wrongly convicted of a crime, and am at the end of my appeals process. My only chance left is to file a habeas corpus or a PRP, which most likely will have to file on my own. I've read and watch a few videos about this topic and I've heard a lot a inmates file these on there own from jail. There are some programs that help inmates but you have to be in jail or were in jail or like over 2 years. I only did 6 months time served. What kind of information can be submitted in a PRP ? I Know inefficient console is a one I could claim. But what other info could I claim? My lawyer didn't discuss with me the defense she planned to use, she put the burden on the state. Didn't even discuss with me I had the option of a bench trial, which I would have chosen. At my trial, I had not had a hair cut in about over 5 months, was provided clothes by my lawyer from goodwill, had to wear my work shoes that I was arrested in, I was not aware until after my trial the jury wasn't allow to know I was in jail, but my jail wristband was clearly visible during my trial. I looked guilty, and was very uncomfortable, looking the way I looked. My Speedy rights were violated it took about 116 days to get my case to trial. I was arrested in the area at a busy downtown foot ferry none or the witnesses were in the area at the time of my arrest, and the first time they saw who was arrested was 5 months later. None of the police reports, witness statements that were taken around a month after my arrest were involved in my trial. Basically the officer arrested me, because I matched a very basic description and had been drinking by a 7-11. And assumed I was the man involved although I had been wearing a backpack, which was not in the reports given by the dispatch who reported the suspect. I took a lie detector test that I passed on this conviction, could I submit that in the habeas corpus? The off duty detective who gave me the test, told me to contact a detective. I tried that but they said they said they could not investigate my case. Should I contact the FBI to try and have them investigate my case? I was arrested for sexual misconduct of a minor, and my charge was change to child molestation 3. It don't matter if this conviction is the lowest and has a 3 behind it. Most people just think about the title of the charge and this title is a very hard one to live with. If you can answer any of my questions or give me any advice I'd be grateful. I got a little money but most likely I'll have to do this on my own, last lawyer I talked to said it would cost around 50,000. I even hired a private investigator but he just pretty just took my 400 dollars and told me he was unable to contact any of the 3 witnesses. But any any advice would be good.
 
Hi, I was wrongly convicted of a crime, and am at the end of my appeals process. My only chance left is to file a habeas corpus or a PRP, which most likely will have to file on my own. I've read and watch a few videos about this topic and I've heard a lot a inmates file these on there own from jail. There are some programs that help inmates but you have to be in jail or were in jail or like over 2 years. I only did 6 months time served. What kind of information can be submitted in a PRP ? I Know inefficient console is a one I could claim. But what other info could I claim? My lawyer didn't discuss with me the defense she planned to use, she put the burden on the state. Didn't even discuss with me I had the option of a bench trial, which I would have chosen. At my trial, I had not had a hair cut in about over 5 months, was provided clothes by my lawyer from goodwill, had to wear my work shoes that I was arrested in, I was not aware until after my trial the jury wasn't allow to know I was in jail, but my jail wristband was clearly visible during my trial. I looked guilty, and was very uncomfortable, looking the way I looked. My Speedy rights were violated it took about 116 days to get my case to trial. I was arrested in the area at a busy downtown foot ferry none or the witnesses were in the area at the time of my arrest, and the first time they saw who was arrested was 5 months later. None of the police reports, witness statements that were taken around a month after my arrest were involved in my trial. Basically the officer arrested me, because I matched a very basic description and had been drinking by a 7-11. And assumed I was the man involved although I had been wearing a backpack, which was not in the reports given by the dispatch who reported the suspect. I took a lie detector test that I passed on this conviction, could I submit that in the habeas corpus? The off duty detective who gave me the test, told me to contact a detective. I tried that but they said they said they could not investigate my case. Should I contact the FBI to try and have them investigate my case? I was arrested for sexual misconduct of a minor, and my charge was change to child molestation 3. It don't matter if this conviction is the lowest and has a 3 behind it. Most people just think about the title of the charge and this title is a very hard one to live with. If you can answer any of my questions or give me any advice I'd be grateful. I got a little money but most likely I'll have to do this on my own, last lawyer I talked to said it would cost around 50,000. I even hired a private investigator but he just pretty just took my 400 dollars and told me he was unable to contact any of the 3 witnesses. But any any advice would be good.

Your post encapsulates the kinds of things that one mentions, and argues during a habeas corpus proceeding.

As a young lawyer, heck as a law student, I was amazed at what a habeas petition could achieve.

After arguing a bout a dozen habeas petitions myself, and assisting in the preparation of at least 300 more; I've become very jaded.

First of all, I've only personally seen one habeas successfully being achieved.
That was the third one I argued.


I've seen, heard, and read about 15-25 other successful ones, however.

All I can say is that once a person is convicted, the person stands a greater chance of being struck by lightening, getting caught in a tsunami, hitting a national lottery, or becoming a successful movie actor.

Its sad but true, our society isn't concerned about rehabilitating former felons.
That was different about 100 years ago, maybe even 50 years.
Sadly, society seeks protection via punishment.

There is talk of reform.
If it happens, it'll take 20-50 years to take effect.

You can forget using a polygraph result.

Your petition should be based ONLY on issues related to you not receiving a fair trial, not just the fact a jury member might have seen a jail wristband.

Besides, you can't prove any juror ever observed the wristband, or even if one had, that he/she would know what they observed.

Your appearance at trial, that isn't going to be persuasive to the appellate bench.

You have an argument about IAC, so think that through nore completely.

Obtain the trial transcript.

Read it about ten times, carefully noting anything unusual.

Once you've become familiar with the trial transcript, culled unusual events and rulings, that's when you begin building the brief.

Don't be discouraged about not being able to hire an appellate lawyer for $50,000.

I know a few people who did and failed to receive the ruling they sought.

Take your best shot, just know its about 100 to 1 against you.
 
Hi thank you for the reply, yes I do have the transcript and have read it many times , but there is not much to read, I was offered one year of treatment and time severed in a meeting with the prosecutor and my lawyer before the trial. But I turned it down , and told the prosecutor that bus driver who called the incident in to dispatch most likely knew me because I had rode the buses for years and most likely knew the suspect involved. I wrote the bus company and told them my situation and about a suspect that was in the area also at that time. But the prosecution used only the veg description of what I said I was wearing from the like 7 page letter in the trial, and left out the part of me wearing a backpack. This is how my lawyer handled the key bus driver witness who knew me and I wasn't the man involved. The bus driver was the first witness, and was the prosecutors witness. I told the prosecutor everything that I knew happened the day of my arrest. Which was very dumb on my part but I had never been in a situation like that and didn't think I could lose, considering what I knew. But the driver could only answer the questions she was so carefully asked. I still wonder about how she prepared the driver before taking the stand. If you read this notice how the driver doesn't point me out in the courtroom in front of the jury as the other 4 witnesses did. But instead talks about the letter I wrote to the bus company. Two of the witnesses were cops who carefully lied there asses off and there was an 18 yo girl who the girl involved knew from juvy who stated in the trial everything happened around noon but the call wasn't made to dispatch until 3:30, I was arrested after 4 pm. And the girl involved who I was told was in juvy at the time of my trial and is special needs. And none of them were in the area at the time of my arrest, only the arresting officer and they were in seperate cars. The other took the girl to her house. I only needed and asked my lawyer taylor to ask one question to the driver, was I the man she saw at the bus stop that day. But she didn't ask even one question she , she had some guy she said she was training I met a week earlier ask only one question, worded very carefully.
 

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One more question I have recently talked with the girls mom on facebook and she said she would talk with my private investigator, if I get information from her or the victim says I wasn't involved or something something to rise some doubt. Could that be submitted in the habeas corpus and how would it be. I know private investigators are often hired to help with a habeas corpus.
 
I have seen the template of the habeas corpus but can you also submit along with the petition new evidence, I remember my appeals lawyers saying something about that issue, that I can do that in that kinda petition
 
I have seen the template of the habeas corpus but can you also submit along with the petition new evidence, I remember my appeals lawyers saying something about that issue, that I can do that in that kinda petition

You shouldn't make any contact with the victim, or the victim's family, EVER.

If you have a neutral third party, that person could reach out to them.

A Habeas hearing isn't to argue evidence NOT admitted at trial.
In some special circumstances, evidence at trial can be challenged, scientifically, for example.

If DNA was presented at trial purporting to be yours, for example, yet your scientific testing reveals it wasn't your DNA; that can be argued during your Habeas hearing.

I'm sorry, it's unethical for me to day more than I have.

Not to rain on your parade, but the Great Writ ain't what it used to be, mate.

I've seen a very few throughout my legal career.
All of those were issued by federal courts.
I've never argued before a state court.
Among many of my defense bar friends, only three have ever received a positive result for a client.

That amounts to one each, out of hundreds of Habeas arguments.

Theirs, however, were all granted by Texas state courts.
 
so maybe contacting the fbi might be a good be a good thing to do, so the police and lawyers involved won't be able to do this to someone else?
 
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