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I have video/audio evidence of my wife and I talking about a night I got arrested for alleged Dv assault, How should I proceed?

San Diego, CA |

The recording occurs 4 months after I am arrested for an felony assault charge of assault with a deadly weapon, the case got dropped down to a class 1 mis, police report clearly states my son who witnessed the event as saying "mommy tried to hit daddy with a knife".
I will post the link to the audio portion I am speaking of. Also on the same video I get her admitting to multiple false reporting of DV to friends and family, Also her almost killing u sin 2004, and slapping me then lying to to others saying I beat her. I want to put an end to this false reporting BS many men and women face daily. I want to sue my wife since the cops and DA dont aknowledge REAL evidence. My wife is mentally ill I believe the system takes advantage of her fears. I love her regardless. I stand my vows.

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Attorney answers 2

Posted

I suggest you contact Avvo and ask it to remove this information. You are providing simply too much stuff online. Hire a criminal defense attorney to help you.

I am licensed in Pennsylvania. Members of my firm are licensed in various states, including Pennsylvania, New Jersey and New York. We handle cases involving personal injury (car accidents slip and falls, etc.,) medical malpractice, nursing home abuse, workers' compensation and social security disability. This post is not legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in this post. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance.

Asker

Posted

Simply providing too much "stuff" online? I am not looking for a criminal defense lawyer. I looking for a lawyer in CA not afraid of their mentally unstable family court system that hides behind unconstitutional State law that has gone absurdly corrupt. I don't hire lawyers for defens. I can read and write, I do my home work on case holdings that define the laws as written. I already know I 100% loss proof. I am just tired and dying of a disease and my time is less than one year to live. All I want is to civl suit my wife, not destroy her, but to expose the system of lies that I have witnessed and well documented. I claim no conspiracy theory here, I have the records, memory, witnesses and most importantly the puppet "my wife" they use to further their agenda. I can bring her down out of their grasp with a civil suit, she will break, she will then turn on the puppet master whom is a very disturbing group of psychotics here the California dream state. You know the state of NO REALITY. But I did find a neat caveat. California doesn't apply the Union mine workers act. This where I found my salvation that I am about to motion upon. Especially under this... The contrary view, long settled in California, is that a void order is never binding, and that its violation cannot constitute contempt. A party affected by an order may, and usually will, seek some orderly judicial means of setting it aside; but he may also ignore or disobey it at his peril. If he guesses wrong, he may be punished; if he guesses right, the final judicial determination that the order was without or in excess of jurisdiction is necessarily a determination that he committed no punishable wrong in violating it. (See Kreling v. Superior Court (1941) 18 C.2d 884, 118 P.2d 470; Harlan v. Superior Court (1949) 94 C.A.2d 902, 905, 211 P.2d 942; In re Carroll (1933) 135 C.A. 672, 677, 28 P.2d 84; Chaplin r. Superior Court (1927) 81 C.A. 367, 378, 253 P. 954; In re Wren (1957) 48 C.2d 159, 163, 308 P.2d 329 ["it is uniformly held that a constructive contempt can only be predicated on disobedience of a 'lawful' order of a court"] ; Silvagni v. Superior Court (1958) 158 C.A.2d 287, 291, 321 P.2d 15, supra, §120 ["disobedience of a void order made in excess of the jurisdiction of the court does not constitute a contempt"] ; Brady v. Superior Court (1962) 200 C.A.2d 69, 73, 19 C.R. 242, quoting the text; Grant v. Superior Court (1963) 214 C.A.2d 15, 19, 29 C.R. 125; Oksner v. Superior Court (1964) 229 C.A.2d 672, 681, 40 C.R. 621; In. re Berry (1968) 68 C.2d 137, 147, 65 C.R. 273, 436 P.2d. 273, quoting the text; 12 A.L.R.2d 1059; 56 Cal. L. Rev. 1665; and see discussion supra, §232.)

Jennifer L. Ellis

Jennifer L. Ellis

Posted

Hey, whatever makes you happy. I would not be posting these videos online. It is unwise.

Asker

Posted

Basically I am looking for a real human dressed as a lawyer and not dime a dozen just looking to make their way as norm. I mean some one who wants to make some serious law and justice for the many wrongly accused and whom is ready to make bank. Just stop being the judicial systems b*tch for one minute and looks at the lives you have watched been destroyed. You know the ones whom you blame the parties you are hired to fight against or fight for. Or the sick Sheriff Offices running bat sh*t crazy and law less across the land. Do you know that I watched my mentally mom destroy my dad. I am not talking divorce. I am talking about misusing friends in the law enforcement industry to drive him to his death by constant false arrests and warrants for acts I witnessed MY MOM COMMIT on him and in front of me!!!

Asker

Posted

But when the cops showed up my dad had testicles so he was hauled off and my disgusting lying wh0re mom got all the PERKS of being the "victim". I watched my mom kill my dad LEGALLY! I served 7 years in the Navy, 2 years rebuilding NLETS defunct and shoddy network, 2 years supporting community college police officers from everything from shining their boots, cleaning their cars, grabbing them lunch and fixing their PC's when I was a kid. I also spent 6 years in the fire with my first born son Ethan whom died of cancer.

Asker

Posted

Can you at least try to pretend you care before you f**king answer? Did you get your law degree in China?? What is wrong with people? Did your b*lls fall off when your brains got washed by your masters? I have to say lawyers I hired and paid WAY TOO MUCH FOR seemed apathetic and lazy. The average defense lawyer just plays the prosecutions game and hopes not to piss off the Judge , whom practices a great deal of law from the bench my experience. I can't tell you how disgusting it is when I am being convicted for a crime I clearly did not commit, and when I got a State Attorney making cute smiley faces at the Judge whom guards my liberty and life it doesnt matter if cloned and hired 5 Johnny cochrans. Yeah it was a cute scene. But i won in the end. Put them on blast. What I learned was, bullies can only bully a person if someone else is not looking. That is my short and simple view of US Inferior Courts. Its like the mafia. If you ain't a made guy. You better stay inline or else.

Asker

Posted

Well it's not about happiness. I guess I am one the few morons that believes he has a case and just wants show the tip of an iceberg. I have mugshots plastered online for things I didn't do but now my character is forever damaged. Why do they do that? I mean proven guilty happens at arrest now? Seriously.I see you are medical malpractice attorney. Would care to take a look about my case for issue that arose with my family health care physician declining me further treatment due to false allegations made by my spouse and the sheriffs office in my former town of Anthem Az.

Jennifer L. Ellis

Jennifer L. Ellis

Posted

It is because I care that I suggested you take the video down. I am not licensed in CA or AZ. I cannot help you. I only commented because I was concerned about your well-being as related to putting evidence on the web.

Posted

The case was dropped from felony to misdemeanor. If it led to a conviction, you were guilty. You had an opportunity to vindicate yourself but if you were convicted, especially if you pleaded guilty you don't have much of a case.

What is real evidence? Even if you could sue you have admissibility problems because of marital privilege..

.the fact that you want to file a civil suit against your wife and sue the woman you are married is not going to work. What would you want the outcome to be? Legal damages where she pays you money? Or equitable remedy where you live together but you have restraining order to prevent her from false reporting? Exposing some flaw in the system or bringing her down is not a remedy you can get. Neither remedy available is practical.

Your posts indicate you that you have read case law and understand the law but then ask attorneys for help only to denigrate them. If you understand the law that well file the suit pro per and see how far you get.

Your anger is obvious and the attacks you made towards Ms Ellis indicate an anger that needs to be addressed. ...you came asking for help then verbally insult someone who offers some valid advice. You attack legal credentials and character out of the blue.

To put an end to the false reporting , get out of the relationship and file for restraining order and move far enough away that you have quality time with your son without her interfering.

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I am sorry for the hand that life has dealt you especially your illness. But anger directed against others is counterproductive and only makes it more difficult for you.

This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.

Asker

Posted

Ah true..here is more.. I plead not guilty with my lawyer.. at trial when my wife didnt show testify good old reliable Alan goodman of the MCSO rushed bench and started ranting about how I was a alcoholic wife beater and he "knew how to talk to her" so they asked for more. I was shocked... so was my lawyer... after they were granted 20 mins to "try" to get ahold of her. the judge presided and VERBALLY said case dismissed.. then argument with my lawyer and the sate attorney broke out about non-prejudice - prejudice. Judge said prejudice... both MCSO officers and the state att.. rushed the bench again... I mean ran up to the judge and started spouting crazy nonsense. My lawyer looked at me and "I have never seen this before" I said "Well I didn't pay you 3k to tell me that." So after being threatened in open court and after they basically strong armed my lawyer. I was outside the courtroom, supposedly free to go. My lawyer met in private with the state and MCSO dep's for about 15 mins. Lawyer comes out of the conference room over to me. He says Matt, you can walk free, but they convinced the judge to dismiss without prejudice, this guy has a hair up his ass about taking you down, he told me he will arrest you at work if they get the refile. So I asked him how much time do I have to decide? He said you cant walk out with out your choice and court closes in 15 minutes. my wife blew town... she was supb'd and didnt show. I caved in order to protect my kids. I filed for post conviction relief 1 year later after a false probation violation with new evidence. But by then my wife and I parted ways. Divorce, Ro's, really ugly mess. I was allowed to withdraw my plea. Met retrial. State of course played dirty, didnt disclose my "wife" now in a custody battle with me was coming to testify. She showed up, I expected but I got them a-h oles... I motioned to dismiss the divorce 1 week earlier... f-d her up because I knew she was doing all kinds of illegal crap with property and the kids but held off filing contempt motions and just let the divorce sit as a honey pot for her stupidity. So 1 week before the assault Dv retrial.. she gets over ruled on her objection to my dismissal motion, she starts contacting me non stop trying to make deals and was freaking out but also threatening... I gained a order of protection against her 10 months prior. She was violating it. She actually said "I dont f-ing care about your OP". I hung up and she left a bunch of stupid f-d up voice mails. So when she showed up to testify against me, I knew I didnt have to say anything. right after the trial, I was found guilty of course. I testifed to the alleged event knowing I had her on the record. But I was saving it for the custody issues. I filed my right to appeal, and waited to see what she would pull next and oh boy... was it really shallow and by the book. So i waited last minute to file my motion to vacate the judgement on grounds of violation of my OP , witness tampering, witness influencing. I am still awaiting word on that but I always have post conviction releif and the confession. See I am saving that for when it counts. I didnt show my hand for over a year and she went ballistic in her stupid fake DV stories. I can now impeach her testimony at will. Make sense?