ExpertLaw.com Forums

Wrongful Conviction- and I'm the "Victim"

Printable View

Show 40 post(s) from this thread on one page
Page 2 of 2 FirstFirst Previous 1 2
  • 03-25-2020, 06:50 PM
    Harold99
    Re: Wrongful Conviction- and I'm the "Victim"
    Quote:

    Quoting Taxing Matters
    View Post
    While likely true, I think that narrowing exactly what the OP would like addressed would be helpful in focusing the discussion to help her get what she's looking for.

    I'm going to take a wild guess and say she's looking for any advice on how to get her husband out of prison. :)
  • 03-25-2020, 07:24 PM
    Fuzzz
    Re: Wrongful Conviction- and I'm the "Victim"
    Quote:

    Quoting Harold99
    View Post
    I'm going to take a wild guess and say she's looking for any advice on how to get her husband out of prison. :)

    If that is what she is after then she is in the wrong place. Internet forums cant give legal advice on an extremely complicated cases such as this one. The only way to give adequate advice is evaluating all the facts and nuances of the case. And since it went to trial and resulted in a conviction there are specialized rules and filing deadlines for appeals. If she wants advice, beyond general explanations of what happened, that she can actually act on then she needs to take the case material to an attorney who is specialized in appeals.
  • 03-25-2020, 07:31 PM
    RJR
    Re: Wrongful Conviction- and I'm the "Victim"
    Quote:

    Quoting Taxing Matters
    View Post
    You are reading into the rule more than is there. The rule simply addresses when the defendant may waive his right to a jury trial. It does not on its face directly address whether the state has a right to a jury in a criminal case when the defendant has waived his right. Allowing a defendant to waive his right to a jury trial is not the same thing as saying the defendant has a right to a bench trial.

    That said, you happen to be correct that in Ohio the defendant has the right to a bench trial if he/she wants one. Some legislators in 2011 tried to change Ohio law to conform to the law in the federal system and the majority of states that effectively gives the prosecutor a right to a jury. In a legislative analysis provided to the legislature by the Ohio Judicial Conference (OJC), which speaks for the Court system, the OJC stated:

    Good link, thanks.

    I also checked the Revised Code before that post and it coincides with Rule 23. My reasoning was, since there was no language to legally indicate otherwise, the Rule seemed to exclude any provision for what the link provided. I know states differ to varying degrees.

    http://codes.ohio.gov/orc/2945


    I also read Federal Rule 23 and see the difference.
  • 03-25-2020, 08:15 PM
    Harold99
    Re: Wrongful Conviction- and I'm the "Victim"
    On a side note I'd like to make a comment about attorneys.

    There are three different functions of attorneys. Criminal and civil defense attorneys, attorneys that represent civil plaintiffs, and criminal prosecutors. Defense attorneys that represent civilians may know that their client is guilty but it is our right to try to defend ourselves any way we can. If a plaintiff is harmed it is his right to try it before a jury. However, when a prosecutor feels very strongly that a person is not guilty, like in the OP's case, but he either has enough evidence to get a conviction or he knows the other attorney will be ineffective in defending his client, why are they allowed to use whatever is at their disposal to secure that conviction?

    It is ok for us to use whatever available to be acquitted, regardless of guilt, but why is it ok for a prosecutor to do it. Getting guilty people off is not nearly has harmful as convicting innocent people.

    My answer to my own question is because lawyers and prosecutors don't care about guilt, fault or innocence. All they care about is winning. In the OP's case, all the prosecutor cares about is getting a conviction...any way he can. Suppressing witness testimony to get that conviction is disgusting. I saw it all through my trial too...the defense attorney made every effort to gag me.

    Quote:

    Quoting Fuzzz
    View Post
    If that is what she is after then she is in the wrong place. Internet forums cant give legal advice on an extremely complicated cases such as this one. The only way to give adequate advice is evaluating all the facts and nuances of the case. And since it went to trial and resulted in a conviction there are specialized rules and filing deadlines for appeals. If she wants advice, beyond general explanations of what happened, that she can actually act on then she needs to take the case material to an attorney who is specialized in appeals.

    Maybe she thought that there are attorneys here...when actually there a very few. Actually, most here have never even been a defendant or plaintiff in any trial.

    In my case I spoke to countless non-lawyers, before and after the trial. I learned most about my case from non-lawyers. I learned about the heavy bias and shallowness of juries from talking on forums like this one. So speaking on forums is not useless.
  • 03-26-2020, 05:23 AM
    Mark47n
    Re: Wrongful Conviction- and I'm the "Victim"
    Quote:

    Quoting Harold99
    View Post
    On a side note I'd like to make a comment about attorneys.

    There are three different functions of attorneys. Criminal and civil defense attorneys, attorneys that represent civil plaintiffs, and criminal prosecutors. Defense attorneys that represent civilians may know that their client is guilty but it is our right to try to defend ourselves any way we can. If a plaintiff is harmed it is his right to try it before a jury. However, when a prosecutor feels very strongly that a person is not guilty, like in the OP's case, but he either has enough evidence to get a conviction or he knows the other attorney will be ineffective in defending his client, why are they allowed to use whatever is at their disposal to secure that conviction?

    It is ok for us to use whatever available to be acquitted, regardless of guilt, but why is it ok for a prosecutor to do it. Getting guilty people off is not nearly has harmful as convicting innocent people.

    My answer to my own question is because lawyers and prosecutors don't care about guilt, fault or innocence. All they care about is winning. In the OP's case, all the prosecutor cares about is getting a conviction...any way he can. Suppressing witness testimony to get that conviction is disgusting. I saw it all through my trial too...the defense attorney made every effort to gag me.



    Maybe she thought that there are attorneys here...when actually there a very few. Actually, most here have never even been a defendant or plaintiff in any trial.

    In my case I spoke to countless non-lawyers, before and after the trial. I learned most about my case from non-lawyers. I learned about the heavy bias and shallowness of juries from talking on forums like this one. So speaking on forums is not useless.

    This sounds very familiar in tone and content. Very familiar, indeed.
  • 03-26-2020, 04:06 PM
    Fuzzz
    Re: Wrongful Conviction- and I'm the "Victim"
    Quote:

    Quoting Harold99
    View Post
    There are three different functions of attorneys. Criminal and civil defense attorneys, attorneys that represent civil plaintiffs, and criminal prosecutors.

    Well ok. I guess estate planning attorneys, immigration attorneys, bankruptcy attorneys, contract attorney, social security disability attorney, etc. are all just faking it then?

    Quote:

    Quoting Harold99
    View Post
    However, when a prosecutor feels very strongly that a person is not guilty, like in the OP's case, but he either has enough evidence to get a conviction or he knows the other attorney will be ineffective in defending his client, why are they allowed to use whatever is at their disposal to secure that conviction?

    And how exactly are you privy to the information that the prosecutor in this case believes the defendant was innocent? Have you spoken to him? That is a huge assumption to make based on pretty much nothing.

    Quote:

    Quoting Harold99
    View Post
    Maybe she thought that there are attorneys here...when actually there a very few. Actually, most here have never even been a defendant or plaintiff in any trial.

    Whether most of the people here are attorneys or not doesn't matter. If she wants advice specific for her case there is no way anyone can answer that over a forum. It would require her posting a ton of information here including court transcripts, all the filings and rulings, what exhibits or evidence the state used, etc. Someone would then have to pour through all of it to give any sort of reasonable advice. Even if everyone posting here was a highly experienced trial attorney there is just no way to give specific advice on the case in this format.

    Quote:

    Quoting Harold99
    View Post
    So speaking on forums is not useless.

    I never said they were. Just that this situation is not appropriate for a forum for reasons stated above. If she is looking for "any advice on how to get her husband out of prison" as you stated then she needs to contact an attorney specialized in appeals. There is absolutely no way that anyone, attorney or not, can advise her beyond generalized explanations with what little information has been provided.
  • 03-26-2020, 06:09 PM
    Harold99
    Re: Wrongful Conviction- and I'm the "Victim"
    Quote:

    Quoting Fuzzz
    View Post
    Well ok. I guess estate planning attorneys, immigration attorneys, bankruptcy attorneys, contract attorney, social security disability attorney, etc. are all just faking it then?

    And how exactly are you privy to the information that the prosecutor in this case believes the defendant was innocent? Have you spoken to him? That is a huge assumption to make based on pretty much nothing.

    Whether most of the people here are attorneys or not doesn't matter. If she wants advice specific for her case there is no way anyone can answer that over a forum. It would require her posting a ton of information here including court transcripts, all the filings and rulings, what exhibits or evidence the state used, etc. Someone would then have to pour through all of it to give any sort of reasonable advice. Even if everyone posting here was a highly experienced trial attorney there is just no way to give specific advice on the case in this format.

    I never said they were. Just that this situation is not appropriate for a forum for reasons stated above. If she is looking for "any advice on how to get her husband out of prison" as you stated then she needs to contact an attorney specialized in appeals. There is absolutely no way that anyone, attorney or not, can advise her beyond generalized explanations with what little information has been provided.

    Sure, there are tons of different specialties for lawyers. I was referring to lawyers in the OP's and in my case.

    You changed "advice" to "specific advice". I never said that.

    Since you glossed over my point, I said that lawyers are not stupid. They know when their client is guilty but they try like hell to get them off anyway. On the other hand, prosecutors know when the accused is innocent too, and they have a sense when they can secure a conviction against an innocent man if the opposing counsel is a novice. I watched it happen to my friend, he got 45 years. My point is that it is ok when a defense attorney does that but an honest person would have to agree that prosecutors do it too.

    True, I do not know if this lady had bruises all over her face and a witness saw her get raped at knifepoint by her husband. But saying folks here cannot offer advice because we did not read the court transcripts is not true. I know what she is likely dealing with because I have seen it before...with my friend and in my case. Courtrooms are full of lying SOB's in suits, including prosecutors.
  • 08-18-2020, 02:28 AM
    Tpatzo2018
    Re: Wrongful Conviction- and I'm the "Victim"
    Any updates on this thread
  • 08-18-2020, 08:41 AM
    flyingron
    Re: Wrongful Conviction- and I'm the "Victim"
    Quote:

    Quoting Tpatzo2018
    View Post
    Any updates on this thread

    People rarely come back here six months after they post. The original poster was probably driven off even wanting to participate by the lunatic fringe who derailed the thread.
  • 08-18-2020, 10:24 AM
    Harold99
    Re: Wrongful Conviction- and I'm the "Victim"
    Ron,
    Or just maybe the OP read this post. Besides, my post was in agreement with the OP that prosecutors are often corrupt. How would that drive an OP off? However, I can see how it would upset many here because it doesn't fit this site's pro-prosecution narrative. :)

    Quote:

    Quoting Fuzzz
    View Post
    If that is what she is after then she is in the wrong place. Internet forums cant give legal advice on an extremely complicated cases such as this one. The only way to give adequate advice is evaluating all the facts and nuances of the case. And since it went to trial and resulted in a conviction there are specialized rules and filing deadlines for appeals. If she wants advice, beyond general explanations of what happened, that she can actually act on then she needs to take the case material to an attorney who is specialized in appeals.

  • 08-18-2020, 11:15 AM
    Mark47n
    Re: Wrongful Conviction- and I'm the "Victim"
    Quote:

    Quoting Harold99
    View Post
    Ron,
    Or just maybe the OP read this post. Besides, my post was in agreement with the OP that prosecutors are often corrupt. How would that drive an OP off? However, I can see how it would upset many here because it doesn't fit this site's pro-prosecution narrative.

    I fail to see what you find so objectionable e about the bolded comment in your post. We are not equipped to provide specific legal advice as most of us are not attorneys and the details matter.Details that the OP may not be in possession of.

    Perhaps you haven't noticed that most of the people that post here regarding criminal matters immediately incriminate themselves here. Many others admit to being in the wrong and subject are are being subjected to legal action. It's not that we are or are not "pro-prosecution" so much as prosecutors are and the simple fact is that a small number of defendants prevail in criminal cases for a plethora of reasons.

    Your need to rant and rail about the members here is neither helpful or productive. You make personal attacks rather that providing alternatives other than claiming that "perhaps you won't get caught" and running on about experience. What we are discussing here is what the law does and doesn't say. yes, we Google it because we don't know the exact verbiage. Oddly, neither do you and you clearly aren't interested.
  • 08-18-2020, 12:44 PM
    Harold99
    Re: Wrongful Conviction- and I'm the "Victim"
    Quote:

    Quoting Mark47n
    View Post
    I fail to see what you find so objectionable e about the bolded comment in your post. We are not equipped to provide specific legal advice as most of us are not attorneys and the details matter.Details that the OP may not be in possession of.

    I don't really. It was Ron that said I ran the OP off when it could have been that post.

    Furthermore, I doubt anyone expects "specific legal advice" here. But for someone to say that he cannot offer anything, nor can anyone else, is simply a far out assumption.

    Quote:

    Perhaps you haven't noticed that most of the people that post here regarding criminal matters immediately incriminate themselves here. Many others admit to being in the wrong and subject are are being subjected to legal action. It's not that we are or are not "pro-prosecution" so much as prosecutors are and the simple fact is that a small number of defendants prevail in criminal cases for a plethora of reasons.
    You may think they incriminate themselves because we are not defense attorneys. Nor do most folks here have criminal defense attorney blood in them. Rather they have prosecutor blood in their veins.

    Quote:

    Your need to rant and rail about the members here is neither helpful or productive. You make personal attacks rather that providing alternatives other than claiming that "perhaps you won't get caught" and running on about experience. What we are discussing here is what the law does and doesn't say. yes, we Google it because we don't know the exact verbiage. Oddly, neither do you and you clearly aren't interested.
    I see bad folks here use this forum to lash out at OP's that admit they did something wrong, and consequently run them off. Jack just got busted for it yesterday yet nobody ever calls him out on it. So, if it is acceptable to for them to bash on OP's then it must be ok for me to do it to them.

    As for expressing my experience, nearly every thread I post on is based on my experience. If experience is downplayed by members here, I'd like to know why? Is it because they base their posts on opinion and Google, and they have no experience with what they say?

    And now look at Ron, He throws his bomb at me and then runs and hides.
  • 10-21-2020, 06:46 PM
    Gamer2.0
    Re: Wrongful Conviction- and I'm the "Victim"
    HEIL Hitler
Show 40 post(s) from this thread on one page
Page 2 of 2 FirstFirst Previous 1 2
All times are GMT -7. The time now is 02:38 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved