WOW. You have a long list of interesting facts, curious twists, and odd scenarios. It is impossible to tell if you have a case or not on the facts provided.
Couple thoughts occur to me as you move forward:
1. There is not Constitutional right to 911 service.
2. You don't have a Right to be well treated by your attorney (although your attorney should, its not a RIGHT). You do have a Constitutional right to "have the assistance of counsel". Which it appears you did receive—but that’s hard to say for sure on the facts you provided.
3. The eighth amendment says " Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted" that means the GOVERNMENT cannot inflict excessive bail, excessive fines nor impose cruel punishment on CITIZENS. The amendment is not designed to be applicable to custody situations--there are other laws for that.
4. Attorneys do not have to use every single piece of evidence in defense of a client and attorneys frequently make strategic decisions to exclude or include evidence. Not using your pictures may or may not have helped your case, but it sounds like a strategic decision, the kind which attorney frequently make.
5. Many matters have statutes of limitations-if you miss the statute of limitation for filing, the privilege to sue on the matter is lost. Filing against the officers in your state apparently had to be one within a certain time limit--miss the limit and the opportunity is lost unless you can show the court some significant reason you didn't bring suit earlier. Not knowing the statute of limitation is NOT a reason the courts will accept--anywhere.
Recommend you have a sit-down face to face with an appeals attorney in your state and discuss your documents and your options. Many attorney’s offer free consultations. If you can’t afford an attorney, contact a legal aid organization in your state, or many law schools offer clinics where law students under supervision of attorney-professors are authorized to bring suit in the state courts.
I wish you the best of luck.
READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. Addressing your issue does not create an attorney-client relationship and I AM providing you educational information NOT legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.
In every state there are time limits for a person to challenge a conviction by motion or appeal. In some states, you can file beyond those time limits for certain types of legal issues.
If you want to fire a retained attorney, you merely have to have the new attorney show up and replace him, filing an appropriate form. If you want to fire an appointed attorney, you have to ask the judge. If the judge refuses, that presents a reasonable issue to raise on appeal.
If you plead guilty to a crime, that eliminates about 90% of the possible legal issues that you might otherwise have raised. However, if your attorney gave you bad advice, that no reasonable attorney would have given, that caused you to plead guilty, that might qualify as ineffective assistance of counsel, a 6th amendment violation. You could raise that if you are able to file a motion in the criminal case at all, and are not blocked by the passage of time.
You talk about your lawyer not calling all the witnesses which is confusing, since if you pled guilty you would not have a trial at which witnesses could be called. An attorney at a trial must decide which witnesses to call and not to call. On appeal, those decisions can be challenged as ineffective assistance of counsel. They will be found ineffective only if the attorney acted as no reasonable attorney would have, and if the failures were likely to have changed the outcome of the case.
Only prosecutors can file criminal charges. Neither you, nor a child, nor anyone else except the prosecutor, has the right to have a particular person prosecuted. If the prosecutor chooses not to file charges that you want charged, you have no remedy at all, except to go to another prosecutor. Sometimes the state attorney general, or a federal prosecutor, will take action when a local prosecutor will not. However, if you did plead guilty to a crime, this is reasonably likely to be treated as an admission by you that you were the one at fault.
If you were convicted at a trial, the jury (or judge) is not required to believe your version of events, and can believe the other witnesses, even if you say they were lying. If there was a fight, the prosecutor can decide who to charge and not charge. Despite the prosecutor's decision, you will not be convicted and sentenced without pleading guilty, or being found guilty at trial.
There is no constitutional right to have access to a 911 service. You have no constitutional right to raise the constitutional rights of others. If it is not your child, you can complain to the government about the way the parents are treating the child, but it will be up to the government to decide whether the child is being mistreated or not, and if child protection agencies should get involved. I have trouble understanding how the child's "right" to call 911 has been infringed by the government, when the only person trying to make such a call was apparently you, and not the child.
In places where a 911 service exists, you can call them to report an emergency situation, but if the government believes you lied when making such a call, they can prosecute you for that.
The 8th amendment protection against cruel and unusual punishment allows a person to challenge punishments imposed by the government in a criminal case. You did not specify what punishment a judge imposed against you, nor did you even tell us what you were convicted of. It is hard to find an 8th amendment violation without knowing what crime you were convicted of and what punishment the judge imposed.
Actions or inactions by parents or guardians of children are not covered by the 8th amendment, even if the parent or guardian is punishing the child. The 8th amendment regulates only punishments imposed by government, not punishments imposed by private individuals.
Contact me at 248-399-6930 for a free consultation. You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.
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