Can human and constitutional rights be violated and, ignored?

Asked about 1 year ago - Beverly Hills, FL

Undeniable evidence exists proving I was framed, for a crime which never existed, by members of the local Sheriff's Office. The initial complaint submitted by a member of the Sheriff's Office was falsified, the arresting deputy conspired with the complainant to produce false/tampered evidence, I was arrested without Miranda. By way of misrepresentations from my attorney, I was coaxed into a plea deal in spite my contending 3 times it was believed to be an admission of guilt. The judge used intimidation to likewise get me into the plea deal. The judge denied my change of plea, documented. All of the aforementioned is documented in Court transcripts/documents and documents generated by the Sheriff's Office. This county has tried for over 20 years to use revenge against me and my family due to the fact we "bucked" their system to have our home, in the interest of major land owners and developers. The judges, circuit and county, have done all within their powers to inflict all they can to cause us hardship, in my opinion to further the attempt of getting us off of our property. Appeals recommendations from the Florida Supreme Court were denied by the lower courts, documented. Habeas was denied by lower court, documented. The Circuit Judge committed perjury on the bench, documented. Complaints to the Sheriff's Internal Affairs of the felonies committed were covered up/blown off, for lack of better terms. My case stemmed from this undeniable conspiracy committed 8 years ago, my DL has been suspended due to inability to pay fines and costs...for a crime which no one ever committed. The Courts, local State Attorney, local FDLE have denied recognition of this tyranny. There are State and Federal Statutes which this Sheriff's Office violated, documented. The Courts did all they could to keep me from having a jury trial and everyone else has hid behind their cloaks. In my opinion to prevent me from recouping damages from the Sheriff's Office for false arrest, violation of my human and constitutional rights. Everything stated herein is fact based and documented...generated by the very people committing the violations. My latest efforts have been two letters to the State Attorney, the last one certified to be mailed Monday, demanding why I continue to be punished for a crime which never existed and why have they not prosecuted those who committed the crimes against me. The corruption in this County is deeper than anyone outside can imagine. Does the reader subscribe to corrupt law enforcement and government? Does this State in fact support the activities to the point of people being treated like trash, to be thrown out, ignored, and neglected?

Attorney answers (3)

  1. Thomas J. Wagner

    Contributor Level 19

    2

    Lawyers agree

    1

    Answered . I am going to address Issues of Federal Constitutional Law which are suggested by your narrative. First, the reading of Miranda Rights are required because of a decision of the United States Supreme Court Miranda v. Arizona which requires police officers who wish to question someone who is in custody to advise that person that they have the right to remain silent and if they choose to speak that anything they say could be used against them in a court of law and that they have the right to an attorney to be present during custody and that if they cannot afford an attorney one will be provided for them free of charge. Thus as a matter of practice, many police departments and individual police officers provide that warning upon arrest. It is not required unless and until they question a suspect while that suspect is in custody. Unless you were questioned by police while in custody the fact that no Miranda warnings were given is meaningless in terms of your rights. Second, you pled guilty and then tried to withdraw you plea. To be valid, the constitution requires the plea to be knowing and voluntary. In most states that means that the person entering the plea must understand the elements of the offense to which he is pleading guilty (that is, what the state has to prove for him to be found guilty) and the maximum possible sentence. He should also know and understand the rights he is giving up by pleading guilty vs. going to trial such as the fact that he may have a right to a jury trail that he can participate with his lawyer in picking a jury, that he is presumed to be innocent unless and until the state proves him guilty beyond a reasonable doubt. There are many other rights one gives up by pleading guilty. In my county in PA the court uses a written guilty plea colloquy which the defense attorney goes through with his client and the client acknowledges with is initials each and every right he is giving up as well as the elements of each crime and the maximum sentence and fine. If such a document exists in your case, then it would be very difficult to argue that your guilty plea was invalid. Even if it doesn't exist, there is likely a transcript of your guilty plea proceeding which will reveal whether or not the elements of the crime were explained to you and whether your rights were explained.. You should take whatever you have as documentation of these matters to an attorney, possibly one out of the county you are talking about.

  2. Rixon Charles Rafter III

    Contributor Level 20

    2

    Lawyers agree

    Answered . WOW. I am sorry this is happening to you.

    Yours is a very long post, one of the longest I have ever seen, yet it contains almost none of the facts needed to assess your situation. Since you have apparently been through the entire court process there are court records that need to be examined in addition to the three foot stack of other legal document you undoubtedly have.

    Recommend you hire an attorney to review everything you have and make an assessment of what, if any options you may have.

    Couple other thoughts:

    Miranda rights are not required--TV myth. Only required if the State intends to introduce evidence they obtained from you during a custodial interrogation.

    No way to answer your specific question what you mean by 'human rights' is unknown and it does not appear any Constitutional rights were violated---but let the attorney you hire make that assessment after a full review of ALL the documents.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER... more
  3. David Herman Hirsch

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . I agree with Mr. Rafter that you need to have an attorney review the facts and circumstances of the series of events you discuss in your posting. You mention that this occurred 8 years ago, so statutes of limitations may have run, and its also generally not possible to successfully sue judges due to the immunities they have. Still, given your ongoing complaints, you should find a civil rights attorney who can asses your situation. If a civil rights attorney believes there is merit to your case and you have a chance of succeeding, they typically would take it on the basis that when a party prevails in a civil rights action the court can award attorney fees... Best of luck to you...

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. . That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,184 answers this week

2,918 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,184 answers this week

2,918 attorneys answering