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Incarceration Without Proper Establishment of Probable Cause

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  • 03-05-2015, 11:05 AM
    sonnylove8194
    Incarceration Without Proper Establishment of Probable Cause
    My question involves civil rights in the State of:Florida. I spend 357 days confined to the custody of the lee county jail, in Lee county Florida. 3 days after being release I became aware that the probable cause citation used in support of the criminal charges I was facing, has been tried and prosecuted without my knowledge. The state, the Cout, the Clerk, and the five court appointed attorneys asiggned to the cases were all well aware of the situation. I requested a new hearing on the civil traffic infraction, the civil citation was diimiss at this hearing, after I had enter a plead deal on the criminal charges do to the fact that all the attorneys assigned to the cases refused to do what was needed to defend me. I had filed several motions since I became aware of the situation but the legal system here in Lee county is totally out of control they just do what they want to do. I did not have money to pay for legal representation before but now I do. I also need to know what to do when the court refuses to answer a motion.
  • 03-05-2015, 11:19 AM
    Mr. Knowitall
    Re: Due Process of Law Violated
    Quote:

    Quoting sonnylove8194
    View Post
    3 days after being release I became aware that the probable cause citation used in support of the criminal charges I was facing, has been tried and prosecuted without my knowledge.

    You will have to do a much better job explaining the facts.
    Quote:

    Quoting sonnylove8194
    The state, the Cout, the Clerk, and the five court appointed attorneys asiggned to the cases were all well aware of the situation.

    Then it's pretty much impossible to believe that you weren't aware of the situation throughout the judicial proceedings, as well.

    A succession of five different court-appointed lawyers? There has to be a story there.....
    Quote:

    Quoting sonnylove8194
    I requested a new hearing on the civil traffic infraction, the civil citation was diimiss at this hearing, after I had enter a plead deal on the criminal charges....

    It's not at all unusual for a plea bargain to include the dismissal of lesser charges, and civil citations are much lesser than criminal charges. It's also not unusual for a prosecutor to dismiss lesser charges where the sentence would be subsumed by the conviction in a criminal case, simply to conserve resources.
    Quote:

    Quoting sonnylove8194
    ...do to the fact that all the attorneys assigned to the cases refused to do what was needed to defend me.

    When you choose to raise your right hand, get sworn in, and confess to criminal activity under oath, it becomes very difficult to blame your lawyer for your conviction. I expect that you were offered the opportunity to raise any complaint you had about your lawyer at the time of your guilty plea -- did you choose to tell the court that you were satisfied with your lawyer's representation?
    Quote:

    Quoting sonnylove8194
    I had filed several motions since I became aware of the situation but the legal system here in Lee county is totally out of control they just do what they want to do.

    As we have no information about the motions we are not in a position to tell you if they have any merit, or even if they were filed correctly.
    Quote:

    Quoting sonnylove8194
    I did not have money to pay for legal representation before but now I do.

    Great. There are lots of criminal defense lawyers you can retain to analyze your situation.
    Quote:

    Quoting sonnylove8194
    I also need to know what to do when the court refuses to answer a motion.

    Courts don't answer motions. Answers are filed by the adverse party, which in a criminal case would ordinarily be the prosecutor.
  • 03-05-2015, 03:50 PM
    sonnylove8194
    Re: Due Process of Law Violated
    I apoligized for the confusion cost by my thread because I failed to include the following information.
    RULE 6.130 CASE CONSOLIDATION
    When a defendant is cited for the commission of both a criminal and a civil traffic violation, or both a civil traffic infraction requiring a mandatory hearing and a civil traffic infraction not requiring a hearing the cases may be heard simultaneously if they arose out of the same set of facts.


    However, in no case shall a traffic hearing officer hear a criminal traffic case or a case involving a civil traffic infraction issued in conjunction with a criminal traffic offense.

    Under any of this circumstances the civil traffic infraction should be treated as continue for the purpose of reporting to the department. Prior to the date of the schedule hearing or trial, a defendant may dispose of any non-mandatory civil traffic infraction in the
    Manner provided by this rule and section 318.14 Florida Statutes.

    1990 AMENDMENT
    The rule in case consolidation was amended to include the language from
    Chapter 89-337 laws of Florida, which prohibits magistrates (traffic hearing officer) from hearing civil traffic infractions arising out of the same set of facts as criminal traffic offenses.

    1996 AMENDMENT ENACTMENT
    Enactment of chapter 89- 337 Laws of Florida, necessitated the deletion of all references in the rules to traffic “Magistrates” in favor of the term traffic “hearing officer”


    6.520 EFFECT OF GRANTING NEW HEARING
    When a new hearing is granted, the new hearing shall proceed in all respects as if no former trial had been had.
  • 03-05-2015, 04:05 PM
    free9man
    Re: Due Process of Law Violated
    So are you claiming that your case was presided over by a traffic hearing officer? Cause that is no where in your original post. Your original post makes about 0 sense and your follow up just made things less clear.
  • 03-05-2015, 08:50 PM
    sonnylove8194
    Re: Due Process of Law Violated
    yes, I forgot to explain that the civil traffic infraction was prosecuted by a traffic hearing officer while I was in custody at the Lee county jail. The traffic hearing officer actually violated the rule twice in this case. First she prosecuted a citation that was issued in conjunction with criminal traffic offences, then when I got out on probation and set the citation for a new hearing she once again violated rule 6.130 and rule 6.520 this new hearing should had been conducted as if no former hearing had been had. Meaning, she was required to follow rule 6.130 but she willfully and pursposely decided to disregard the rules again.
  • 03-05-2015, 09:13 PM
    Mr. Knowitall
    Re: Due Process of Law Violated
    I think you are extremely confused about pretty much everything that happened in your case and how the law applies to it.

    Retain the lawyer you're thinking about hiring, and let us know how it goes.
  • 03-06-2015, 12:02 PM
    sonnylove8194
    Re: Due Process of Law Violated
    Chapter 89-337 laws of Florida, which prohibits magistrates (traffic hearing officer) from hearing civil traffic infractions arising out of the same set of facts as criminal traffic offenses. The civil traffic infraction prosecuted by the traffic is described in the probable cause affidavit used in support of the criminal charges. The conviction was illegally obtain by the state, it is really very simple.

    - - - Updated - - -

    Quote:

    Quoting free9man
    View Post
    So are you claiming that your case was presided over by a traffic hearing officer? Cause that is no where in your original post. Your original post makes about 0 sense and your follow up just made things less clear.

    3 days after being release I became aware that the probable cause citation used in support of the criminal charges I was facing, has been tried and prosecuted without my knowledge. I do not understand how can you miss this its self explanatory
  • 03-06-2015, 12:42 PM
    free9man
    Re: Due Process of Law Violated
    Quote:

    Quoting sonnylove8194
    View Post
    3 days after being release I became aware that the probable cause citation used in support of the criminal charges I was facing, has been tried and prosecuted without my knowledge. I do not understand how can you miss this its self explanatory

    That statement doesn't even make sense. You don't "try and prosecute" a probable cause statement. The statement can be attacked at trial, if the defense believes it is somehow lacking, but that is not what you appear to be describing here.
  • 03-06-2015, 01:11 PM
    sonnylove8194
    Re: Due Process of Law Violated
    What?
  • 03-06-2015, 01:18 PM
    free9man
    Re: Due Process of Law Violated
    Quote:

    Quoting sonnylove8194
    View Post
    What?

    My point exactly. Wait, upon reading it a 50th time...I think I might get what you are saying. You are saying that the citation that you got that led to the criminal charge was adjudicated without your presence?
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