In Washington, a person is guilty of criminal conspiracy when they agree with one or more persons to engage in or cause a crime. This is defined under RCW 9A.28.040 and can result in up to five years imprisonment and fines. Prosecutors typically charge individuals with the crime of conspiracy to commit, which requires proving that the conspirators agreed to undertake a criminal scheme and took a substantial step in furtherance of the conspiracy.
The Revised Code of Washington defines conspiracy in a way that does not require proof of a specific intent to commit a crime. The elements of a conspiracy case include having two or more persons who intentionally make an agreement to violate federal law or defraud the United States, and the defendant made the agreement with the intent to commit the crime. Any of the persons involved took an act in commission of the crime, and the overt act itself is required.
State and federal courts can prosecute individuals for conspiracy, but they do not need to have a formal plan written with all parties involved. A person who attempts or conspires to commit any offense defined in this chapter is punishable by imprisonment or fine, or both, which may not be applicable to all cases.
In summary, a person is guilty of criminal conspiracy in Washington when they agree with one or more persons to engage in or cause a crime. The legal implications of conspiracy include prosecution, penalties, and the importance of seeking legal representation. It is crucial to seek legal representation to avoid potential consequences and ensure the safety of all involved parties involved.
📹 Falsely Accused? 3 Things That May Save You | Washington State Attorney
Experienced Attorney Lance Fryrear covers the topic: Falsely Accused? 3 Things That May Save You. In this video, Lance …
What are the elements of conspiracy in Indiana?
In accordance with Code § 35-41-5-2, an individual is deemed to have conspired to commit a felony when they enter into an agreement with another person with the intention of doing so. This conspiracy is classified as a felony of the same level as the underlying offense.
What is the conspiracy rule?
Conspiracy law typically doesn’t require proof of specific intent to injure someone, but rather a tacit agreement among group members to commit a crime. This allows the government to charge a defendant regardless of whether the planned criminal act has been committed or the possibility of the crime being carried out successfully. In most U. S. jurisdictions, a person must agree to commit a crime and at least one of the conspirators must commit an overt act in furtherance of the crime.
However, in United States v. Shabani, the U. S. Supreme Court ruled that this element is not required under the federal drug conspiracy statute. Conspirators can be guilty even if they don’t know the identity of other members of the conspiracy.
What is the summary of the first conspiracy?
The First Conspiracy is a book that reveals the secret plot to assassinate George Washington during the early days of the American Revolution. The book begins in Philadelphia, Pennsylvania, on May 10th, 1775, when the United States of America did not yet exist. The colonies were under the rule of Great Britain, and America’s colonial subjects were dissatisfied with this situation. The Second Continental Congress, which met in Philadelphia, was a revolutionary institution with no legitimacy in the eyes of the British. The Congress, consisting of delegates from all 13 colonies, debated the prospect of war with Britain. The book is worth reading for its fascinating and often overlooked piece of history.
What is the conspiracy law in Washington state?
Those who endeavor to perpetrate or engage in a criminal act delineated in this chapter are liable to face incarceration, a financial penalty, or both, with the potential aggregate punishment not exceeding the maximum penalty prescribed for the offense in question.
What is meant by overt act?
It is generally accepted that an overt act, where there is clear evidence of criminal intent, is more compelling than circumstantial evidence. Such actions are carried out in an overt manner and can be inferred, thereby rendering them more compelling than merely circumstantial evidence. It is essential to obtain feedback in order to enhance the BETA Dictionary service.
What are the elements of intimidation in Indiana?
Indiana defines threat as an intention to unlawfully harm, damage, confine, commit a crime, or withhold official action. Indiana residents are subject to various laws to maintain peace and public safety. The law against criminal intimidation is crucial in safeguarding individuals’ well-being and fostering a secure community environment. To understand the nuances of these statutes, it is essential to consult with an experienced Indiana criminal lawyer. In Indiana, there are four ways to be charged with intimidation, starting as a Class A misdemeanor with a maximum penalty of 365 days in jail and a $5, 000 fine.
Is criminal conspiracy a felony in Oregon?
A criminal conspiracy may be classified as a Class A felony if the conspiracy’s object is the commission of murder, treason, or a Class A felony, or as a Class B felony if the conspiracy’s object is a Class B felony.
What is considered a violent crime in Oregon?
A felony is a serious criminal offense punishable by over two years in jail, including murder, robbery, sexual assault, aggravated domestic assault, and aggravated assault. Misdemeanors are less severe, punishable with less than a year in jail and include theft under $1000, DUI cases without death or injury, some assaults, criminal mischief, and disorderly conduct. It is recommended to consult with an experienced criminal defense lawyer before pledging guilty to avoid obtaining a better outcome, such as a charge dismissal or reduction, when the attorney challenges evidence and uses an effective strategic defense to disprove the charges against you.
What are the elements of an overt act?
An overt act is defined as a deliberate action taken by one party with the intention of achieving the desired outcome of a conspiracy, as opposed to mere evidence. It constitutes a pivotal stage in the implementation of the conspiracy and represents a substantial element of the conspiracy’s overall objectives.
What is attempt to commit a crime in Oregon?
An attempt to commit a crime is considered a criminal act if the person intentionally engages in conduct that constitutes a substantial step towards the crime. Such actions may result in a Class A felony if the offense is murder, aggravated murder, or treason; a Class B felony if it is a Class A felony; or a Class C felony.
📹 10 Things To Request Of Your Public Defender / Defense Attorney
10 Things To Request Of Your Public Defender : Defense Attorney Provided by a viewer: @jrsotr271 1 year ago (edited) 1) …
How to you stop the persecutor from stalling the case trying to financially break you into taking a plea deal for a crime you didn’t commit? A person shouldn’t have to beg to go to trial, the judicial system is too corrupt and needs to be disbanded and redone. Don’t even get me started on tribal and family courts.
I was falsely accused and wrongly convicted. I did a lot of work on my case: 40+ hours of service, 12+ hours of anger management, joined a church, helped my community. The prosecutor KNOWS his “victim” lied, yet he is ALL IN on pushing the case. I would like someone to look up TOM SWINK of WILSON COUNTY, TN. Can anyone help me understand why this guy has targeted me so maliciously?
Do you have a article on recovering costs and or damages incurred by being falsely accused, such as defense costs, having to maintain a second home if ordered out of your primary dwelling, court and filing fees? Loss of wages due to legal appearances in court or with an attorney, or the loss of ones job because of allegations or time taken off the job to handle matters?
I really need this bro my ex is currently trying to put a restraining order on me and her and her mom has been blowing up my phone saying lies and horrible things and I have never experienced this and I’m not going to lie it scares me that I might not to see my daughter again but after this I really think you answer a lot of questions I was asking my self thank you 💯
This is exactly how things panned out for us. Our accusers were paediatricians in the Bundaberg Hospital who did not have the nursing staff to treat our youngest child. They constructed a narrative that we starved our children but the lies really don’t hold up over time. A year later and the prosecution is backing out of the case, especially after I filed my affidavit to court.
My loved one (LO) is currently in Franklin County Jail, Pennsylvania, charged with kidnapping a minor. However, he intended to help the runaway girl. The girl testified that she wasn’t forced or kidnapped. The girl is free to go out in the store. No parents filed a case; the State of Pennsylvania brought the charges, with the police as witnesses. My LO mentioned that the police fabricated stories and twisted the truth in the news, based on what I told him about the news reports. And now his attorney advised to waive the preliminary hearing? Is this a good decision? My loved one said his attorney never talked to him prior to the hearing or asked him about the case. What to do?
My accuser is bipolar and has caused many others a ton of grief by habitually lying. Then followed by a policeman who lied under oath. I was arrested and denied my medication causing me to have a stroke followed by another stroke (40 hours later) while standing cuffed and chained in a courtroom while everyone else was sitting down. What should I do? Thank you…
Hi Lance. I was recently fired a month and a half ago for a false allegation of sexual harassment. BTW, I live in the at will state of Washington state. I’ve asked my former employer more than once who made the accusation? They didn’t tell me the day I was fired, and they won’t tell me as of yesterday when I called the HR person. I wasn’t given a minute to defend myself. I believe it’s a case of age discrimination on the part of the employer. The new manager had made it known to more than one person that he wanted me out. I’m 66 1/2 years old. Coincidentally, the exact age that I’m eligible for Social Security. I had no thought whatsoever of retiring until I would be 70, and I let other coworkers know it. I’m still in very good health as I have no issues at all. I was NEVER late for work, and I always got my work completed. And I was never written up for anything. I was told early on when I first started working the swing shift, that the company doesn’t pay unemployment compensation. I now know this to be true. I was denied UI compensation. I had to take out my 401k before I wanted to, and I’m now contemplating claiming Social Security, which will be more than $600 less than if I retired at 70 as I had planned to do. I haven’t had any other income other than the 401k. I worked for a Pepsi affiliated bottling company. The company is ‘Noel Bottling and Canning’ here in Yakima, Washington. They don’t want me talking to any current employees at all for fear (I’m sure) that they may say something that would help me.
My husband was falsely accused of something at work buy a 22 year old lady. This is not the first time he’s had a run-in with her when he first started he had to go to the manager the cuts of her harassment and he says that the manager even seen her push him. This time it’s may cost him his job. After 3 years of being a loyal employee this new supervisor has taken it to the Limit. Thank you for this info.
Hi Lance, give you the basic info. I am being falsely accused (started in Aug 2023 police charge me), haven’t been to court at all yet, I don’t go anywhere near my accusers or their home at all, that is certain! They live 12 doors down from my home and now on my home security system I am seeing them lurking at the entrance to my corner property standing, looking in and they stop in their car for a number of minutes clearly looking in to my property. I do not engage at all, I stay inside my home. I do have good legal representation for my situation. Can I get an court intervention order against them for stalking?
Thanks for the article. Anything helps as the mind reels. I made an enemy with a girl, I turned her offer of sex down. She has been spreading lies and rumors about me for about two years now with some joining her because she is just the sweetest little and most innocent girl you have ever met. It came to a head at one AA meeting where I made a new girl laugh, that was my sin. Three people stood up and publicly accused me of being a predator. I tried to live with that, asking for those people to produce a witness and other things. Another girl got a message about me and joined in on the accusations, she called me an old pervert. I left AA as a result, too many friends lost and the liars seem to be happy about it. One of my accusers came up behind me one morning and began to massage my shoulders, I don’t know what that means but it was unwelcome. I have no idea what to do. I have no money to hire a lawyer for a Civil Case of Defamation. It’s a small town and those people have about wrecked me.
False accusations wouldn’t be nearly as stressful if the court system wasn’t weaponized by these evil liars. One simple fix would be to fund the public defender’s side as well as the prosecutor’s, because the prosecutor is not interested in anything but a record of convictions. My question is WHY aren’t public defenders paid like prosecutors? This is the weaponization of this system, to financially, OR OTHERWISE harm A TARGETED INDIVIDUAL.
Hello im going through this right now. My son and i are being falsley accused of very serious crime. I am out on bail but my son has been locked up for almost 2 years. Today my public defender tried to withdraw from the case and he totally lied and the judge believed him but denied for him to withdraw. Im so frustrated i am afraid this attorney is going to get me convicted. He is very mean and ugly to me. I really need some help here im at my whitts end. Ive tried to find help but doesnt seem like anyone will help without a lot of money.
I’m EXTREMELY annoyed right now. I turned myself in and my lawyer didnt notify me of a 24hour hold after booking (34 hours spent in holding) and in my bond conditions, I’m not able to leave the county despite having ZERO priors, house is barely in county lines, and that I work all over the city. I called him this Saturday and asked if we can speak Monday. Why am I paying you a retainer if I’m constantly being blindsided?
I just ordered the transcript of My wife who went into ex Parte to get a DVPO. With a bizarre story and no evidence. The commissioner told her it wasn’t enough for a dvpo and that is was a week petition. The judge then went on to coach my wife, allowed her to fabricate her story in the court room and then hand wrote the statement for her but in her (the judges) own words. When she was satisfied, she said ok now I will grant you a DVPO. Is that legal? I was literally removed from my children, my home, finances, and any evidence I could have used to defend myself.
“I assumed that my innocence was obvious when I reported a crime of abuse to the police. The police did not believe me. The abuser had gaslit the police. The police thus stated that I had lied to the police and had disturbed them for no reason. They charged me. Though I was innocent, I was now guilty. First, I experienced shock and disbelief: I had turned to the authorities whom I trusted for help and protection. That protection had now been withdrawn. The reality of who I was vanished. I was someone else and guilty. This imaginary person was me in the world’s eyes. It was maddening. I fought to restore my innocence – my being – but it was not possible. Everyone believed the authorities, not me. I never thought that something so perverse could happen to me. I realized that there was nothing I could do to make people see the truth, it was all tied up in the dominant narrative (that of the policed society). The lie was the truth as far as society is concerned. Had I not gone to the police, I would have fared much better, merely being abused. I became alienated from society. I began to fear it; I began to fear going out lest someone see me, recognize me, and accuse me. When I did go out, I looked in every direction to see if it was safe. I looked to see if the psychopath that had abused me and then gaslighted the police was anywhere near. He tortured me in my dreams. I became physically ill; sleep was no comfort. I expected to be approached and accused at every moment. I looked to the front door of my house expecting authorities to arrive and arrest me.
Trouble is, defendant’s put their lives in the hands of attorneys and there is no guarantee the attorney is good at his job, or if good at his job, actually does a good job, or worse – cuts a secret deal with the prosecution without telling his client. Prosecutors and defense attorneys are too cosy and buddy buddy from what I have seen. Added to this is some judges are bullies and have ways to frighten the defense attorney. I once saw one defense attorney, being berated by the judge, physically shivering at the bar podium, his fear of the judge so great. His client did time.
I’m dealing with it right now! I’m scared for my family, they wanna put me in jail for 90days over lies. Even tho the WHOLE thing is on camera and audio. My grandmother is on her deathbed and I am the only adult she has supporting her, same goes for my 16 year old nephew. They will be screwed if I go to jail! It’s sad and officer would put our family in that position
This is a bit of concern for me. People think that name + DOB is unique, but I know there are at least 2 other people who have my exact name & DOB. I know this because we’ve had insurance mix-ups. One is n the Midwest and (unintentionally) used my vision benefit; in another case, I got the reimbursement check for a dental procedure in Florida. This is exacerbated by the fact that there are only a few large insurance providers (in my case, United Healthcare and Delta Dental). When I read stories about people held for weeks in jail only to discover they had the wrong person, I get a little scared. Heck, there are three people with my name who have bought cars from Lee Johnson Chevy (discovered trying to pull up the service record for my car). So, yeah … this is an actual concern for me.
I pursued a stolen vehicle which was just involved in a burglary. The Jeep crashed and both occupants fled on foot. I ran after the driver thinking he was the primary target. He was caught and also determined to be drunk, so DWI was an additional charge. He had been an Army Special Forces soldier who got discharged for drug addictions. I’m also a veteran and we got along well. He admitted to the burglary and car theft but insisted he wasn’t driving. I said tough luck, but this nagged me. Several days later I returned to the scene and recreated the chase. I realized he couldn’t had been driving. The DWI charge was my mistake. I told the prosecutor this and asked for that charge be dismissed. She refused. He served two years in prison and died shortly after being released. I was never able to apologize to him. Mistakes shouldn’t be encouraged but are an inevitable part of police work.
What if you’re falsely accused by the police of DUI? I’m a 71 year old male with extremely long hair, piercings and facial hair. I plan to do an around the country road trip later this year. I have personalized California license plates on my Jeep. Everyone hates Californians these days so I expect to be pulled over a lot. The cop will take one look at my appearance and assume I do drugs, or deal in drugs or both. The fact is I do NOT drink alcohol, EVER! And I don’t smoke anything or do any illegal drugs. But do you think the cop is going to believe me? I will refuse any field sobriety tests. At my age with my bad knees there is no way I could pass those tests. I have no intention of providing evidence for the cop to use against me in court. And at this moment, I’m leaning towards refusing to do roadside breathalyzers even though some states punish those who refuse. Those roadside breathalyzers are notoriously unreliable. And even if you blow zero, the cop will then try and claim you’re on drugs. If a cop wants you to do field sobriety tests he already believes you are DUI. So I probably will be arrested even though I’m totally innocent. At that point I will submit to a blood test. I’m just wondering if there’s anything I can do to protect myself to avoid being arrested?
It’s a cinch for wolves to falsely accuse lambs, and consume them. 1 Pet.5:8 and Hosea 4:8 also relates Even Jesus was falsely accused (Mat.27:12)Unlike Jesus, I’m dumb. NOBODY KNOWS my case. The righteous judge ( Rev.19:2) has to take charge of this one. I’m in the Devil’s hands. Satan is called the accuser of the brethren ( Rev.12:10) in the last days (times of the light of the gospel of Jesus Christ going on in the world) before darkness (unrighteousess; the power and authority of Satan through his heads and people/followers) takes over completely in an overwhelming attempt to overthrow the government of God. The world will be worshipping an accusing god > Rev.13:8. Dan.11:32
Well I told public defender I wasn’t taking no charges. Reason being I’m not guilty of anything. She told me people are convicted every day that are innocent. WTH Not the way I was taught. Had a public defender tell me the prosecutor and I know you are a victim, but we are going to convict you any way! 4:36 I call foul! Foul legal system.
My kids and grand kids all live with me. My grandson who is black and his friend both went to this store in town. My daughter was working at this store and the lady who I guess works there called my daughter and said she was fired and that her nephew stole from the store. Just that accusation raised hell in our house. They claimed they had it on article. So I told my other daughter seeing this accusation was with her son I sent her to go see the article. She got there and the owner didn’t want her to see the article until the police got there. Then she saw the article and the kids never stole anything from the store. I told the kids when they talk to the police to let them know they want to file against the store. Meanwhile they held my daughter check and she’s without a job.
So, a woman crashed into the back of me when I went to exchange details she came at me aggressively. I got into my car and as I did she tried to open my car door, I locked it just in time. And drove off and went back home and went to sleep. I woke up the next day to the cops at my door very early accusing me that I had assaulted her-I told them I didn’t do it! They were already treating me like a criminal. it went to court. I went a pleaded not guilty. It was deferred or something I forgot the word they used. The judge was actually nice to me but, said he knew nothing about my case- I wish I said something but, I was so nervous that day. Then my 2nd court day came my father fought with me whilst I tried to get ready for court I was so drained I went to sleep I don’t regret it I slept all day I needed it. So I missed my court date. And got a fine in the mail for unlawful assault- I put the letter under my dads door saying plz help me as in get a lawyer- he ended up paying the fine- so… now I have a criminal record.. so my life is over There goes any job helping the disabled. That I wanted to do. There goes any travel. There goes my life. I’m gob smacked that, that woman stood in court and lied. She will probably use it to get a pay out. And the worst part is; one. I didn’t do it! Two. She lied and got away with it. Three. The way the cops treated me! Four. My dad not helping me! Five. No one cares! Six. I’ve got a charge against my name. Seven. At the same time of this all happening to me I was actually being assaulted by my partner.
About 70 years ago, in NSW Australia, a man was charged and convicted of murder. He was hanged. Several years later, it was discovered he was innocent. Too late. For this reason alone, the death penalty is wrong and should be universally abolished. This event is described in a book written by a top NSW attorney (now passed away) Chester Porter QC – Conviction of the Innocent.
I’m going through a case now. I have evidence that what I’m being accused of never happened and that the date they claim it happened on, I wasn’t even around nore any days close to it. I have the text and conversation proving it but here I am still having to go to trial September and on house arrest for something I didn’t do
I’m in AZ and was convicted for 121 years for something I’d never do to my stepdaughter. My first public defender was trash and now I’m representing myself. Jorgenson and Milke v Mroz double jeopardy arguments. Requests to compel to produce documents, and every step of the way Cops and prosecutors lie and misrepresent the truth. The cops even used my dead dads drivers license to frame me. Learn the law, people. Or be a victim to it. Thank you for this content, Mr Lawyer.
I really need help my fiancee is being falsy accused of a double a felony in north Dakota and his lawyer hasn’t talked to him one time before the preliminary hearing tryed to withdrawal from the case the judge said no he was arrested at my house and all three of my kids got interviewed I haven’t and the monitor never got offered to my mother and my aunt that took them to the Interview when I stated to the arrested officer that I want someone present while questioning
What if the cop fabricated part of the story? I had a black eye and goose egg just above they other eye. My husband hit me across the bridge of my nose with my phone, It was in a leather with my credit cards and ID, and it’s magnetized. He ended up having some health issues and ended up in the hospital. He had the keys to my SUV, so I called the cops to see if they could get them for me. I am a disabled veteran, I have PTSD, anxiety, major depressive disorder, sleep disorder, MS, and a brain tumor. I fought back and was charged with assault. He had no marks on him.
I was falsely accused of shooting someone and spent over a year in jail fighting an attempted murder charge. The charges were ultimately dropped after evidence came to light proving I was across town at the time of the shooting, but the time I spent in jail was some of the darkest, most stressful moments of my life, with the very real possibility of spending more than 20 years in prison constantly hanging over my head. I came very close to taking my own life and as a result of being in jail for so long, when the charges were eventually dropped, I left jail homeless and massively in debt with little more to my name than the clothes I was arrested in
What about challenging unconstitutional state laws? Read Paragraph 38 of “ALMA S. v. DEPARTMENT OF CHILD SAFETY, Ariz: Supreme Court 2018” “¶38 Mother has not argued that the statutes violate the Constitution on their face or as applied. Because the juvenile court considered the state’s rehabilitation efforts and determined that the children remain at risk if reunited with Mother, and because we review that decision only for abuse of discretion, I join my colleagues in affirming the termination. However, the framework for terminating parental rights articulated by the Court here does not provide the “fundamentally fair procedures” that the Constitution requires.” Alma S lost her children because her lawyer failed “diligence” and “competence”. Should the lawyer lose his license?
I had two white British police rocking on my doorstep this week, I am ethnic, they accused me of money laundering and having 7k in my bank account without evidence. I have bank statements to prove my innocence. I am complaining against them or, it affects my DBS certificate in getting a job. They now will be fired, have their DBS certificates tarnished to never be able to work again and they now owe me compensation money for the distress they are causing me. I am currently seeking paid employment and a bad DBS will stop any employer in the UK from employing me. So is why I have launched a complaint against the police.
sometimes, the person is just antisocial and narcissistic and is a pathological liar and just do it to crush a person reputation. An antisocial person sometimes have a vicariant behaviour, that means… if they hear a story from someone, they will make it them… so if they heard someone being abuse, they will tell others that they have been abuse using all the details they know about the other’s story. It is really insane.
This is what happened when you live in a state or a country that is guilty first until proven innocent like washington state. But you don’t get falsely accused in a state or a country that is innocent first until proven guilty as in these state or country, they would need evidence to prove that you are guilty which is a huge burden to prove and words can’t be an evidence.
What if a person is guilty of a sexual offense against children. Then you defend them and make it so much harder for the people abused to be heard. Then lets say the guilty person wins and gets unsupervised visits with those children and then continues to sexually abuse the children. Only this time the children don’t speak out about the abuse, because their abuser won and no one believed them just like they kept saying their reason for the child to not tell sooner.
How do I go about trying to get this new case I have I’m being accused by BPD ( Burlington police department) for 4 felony charges ( Burglary an Theft an burglary an resisting arrest by fleeing on Nov 20, 2021 which is false cause I have photo proof that I was in Seattle that whole day since 2:30 pm till midnight with no evidence at as well only because I have been permanently trespassed from Fred Meyers an I am in a documented data base saying I’m trespassed. Also I am being accused of being arrested for trespassing at said location I am permanently banned from back in September 2021 when I never was an was working at a shell gas station when they alleged I was arrested in September. The case wasn’t filed till Feb 28, 2022 even thought the alleged crime happened in 2021
You know gas lightning… Manipulation and COVID department of health pandemic dealing with series of events…. Trauma bonding in relationship new relationship also three children with no secure professional structure of daily routine… Situation Chao’s agent… Detergents… Represents terms and imbalance scattered location of base formula of misusing power
I dared, DARED to tell a corrupt Lousyana deputy his actions were CRIMINAL so, WEEKS later, he, some judge and DA had me ARRESTED in retaliation !! FIVE DAYS AND NIGHTS IN JAIL WITH NO BOND SET !!! If you were TRULY disturbing the peace and a deputy is STANDING THERE SPEAKING TO YOU, would it not make sense he would arrest you THEN and not WEEKS LATER ?
Don’t say sht unless you have it in writing that the attorney is working for you most times they are working with the police cus almost all the time I bet that people who are falsely accused have hardly solid evidence on them so they are left with lying and manipulating the public to suit there needs and when that doesn’t work they will yes they will break the law to make evidence they will tell the court that the law they broke does not matter cus some kind of loop around like luring you to another state for a court battle that isn’t real to manipulate you and entrap you also they will spread these lies to everyone you know the law has immunity and if they don’t they will use a proxy also you can be convicted without them telling you this is something you won’t see on the internet or Reddit and for the conviction to be complete they will call you and say prob they want to settle a debt or they will take you to court but it’s really just them confirming fear mongering is they thing so by the time ur in custody they have prob done everything they can to make u look guilty and that judge won’t give a fck about ur side it’s pretty efficient then they will give you a plea bargain and try to make u say u did it Evan tho you didn’t basically don’t take the plea bargain unless it’s to dismiss the case and Evan after that u will still be on a list that the public can see I bet again they will use a proxy to do these things or to recruit woman to sleep with suspects sounds insane i know good luck out there and be alert be smart stay alive.
1) request ALL discovery 2) document communication (email) 3) Request Document of plea offer + deadline + score sheet? 4) Request documentation of comm of State v witness 5) request deposition 6) request transcript of deposition 7) request copy of motions + case law 8) Be proactive 9) Request defence of charges 10) Be educated
My sons father took a case to trial and his PD worked against him the entire time. Refused to depose witnesses, never requested evidence and took him to trial without even knowing the entirety of charges against him. He was of course convicted and held to the max. A lot of PDs just do whats easier and work with the state
1. Request all the discovery in your case. 2. Communicate with your attorney via email. 3. Request your plea offer in writing. 4. Inquire whether the state attorney’s office has contacted the alleged victim. 5. Always ask to take depositions, especially in felony cases. 6. Request a copy of the deposition transcript if there is a victim or witness. 7. Ask for a copy of any motion to suppress evidence and accompanying case law. 8. Take an active role in your case by reading through everything and being involved. 9. If innocent, request that your attorney fight the case. 10. Be scared but be educated and involved in your case.
Having dealt with criminal defense attorneys, I have to say this is excellent advice. If you are locked up, authorize a family member or close friend do the emailing and retain the record. He can print it and sent it to you in lock up as long as it would not be dangerous if discovered. Also you wouldn’t want any inmate to see it as there are certainly people there who will lie for the government if they can get something for it.
All fantastic advice. A number of years ago I found myself in a bit of a predicament and a family member referred an attorney who I could “trust”, not have to second guess or babysit. I naively paid him in full upfront and trusted him. I remember sitting in the courtroom on my 3rd appearance, and he hands me a stack of papers, whispering to me “This is the discovery read through it and let me know if anything is incorrect”. About 15 minutes later I was accepting a plea. The outcome of my case was fair so I didn’t feel totally screwed, but I’m certain things were overlooked and as a result, bargaining power was left on the table.
The average American is illiterate regarding the law and how the legal system works. Your advice is spot on, and I’m sure 1 in 10 will GET IT. And fewer still will need it and do it. Preparedness is not how people–too many people–operate, and will be in a situation of culture shock with so many new things happening; they will freeze up and not remember a thing. Peace
Mr.Roger Foley, thanks you for being a Angel. I wished I could have had you for my daughter.Or better educated myself more or even ask questions. It’s sad when you don’t understand what’s going on, and you believe everything being said.. I’m so heartbroken when you have no win or fight from someone you trust to fight for you,But I’m not going to sit here and disrespect anyone,it’s has been a lesson Learnt. A mother with a broken heart.
I accused my conflict attorney of misconduct and she filed for a mental health evaluation and the judge refused to allow a cause hearing to discuss her allegations or substantiate them. I was found competent, months later I reminded the judge of the failure to maintain due process in a couple issues and while I was waiting in court because I thought I was there for a motion to dismiss the judge revoked my pro se right and assigned the same conflict attorney and also ordered a mental health evaluation, after the first one was stipulated without me being present . I feel like this is retaliation.
Get written plea, it’s expiration date, always ask for depositions, copy of transcripts if needed, email defender/pretenders, copy of motions and accompanying case log, tell them if you had enough time with lawyer no then no. Take active role in case, be involved. If innocent always request them fight the case and to work it up. I plead guilty in my past and its ruint my life. Not this time especially since I’m innocent. The logging the defenders requests and getting more time to prepare will be vital this time for me. Be educated! Thank you for this. To old and wisend up to just take this crap this time. Praying eventually I can afford a real attorney this time but will do the best with what I can however I can. Help me help you. Good advice. Wish you were in Southern Illinois lol
Hi i love this because this is what i needed to hear i understand why my lawyer went quite i kn9w now how ti communictae with him i thought i had to wait for him to aak when he needs info . I have lesrnt So much from you today i could not stop perusal over n over so i understand what to di ftom today on. But i am waiting fir a oerlimazary hearing to get my dads lands back . In new zealand an at thr moment
This is great info, I wish it was listed in a bullet format in the article description. However I’m making notes as I go along. Thank you so much for these types of articles. So many of us who obviously have no experience with “the system” and find ourselves in these situations are sometimes at the mercy of our attorney (no offense) and we just have to “trust them” but have no idea if they’re doing what they could or should be doing along the way.
Hello sir what to do when you have received two illegal tickets you reported it nothing happened and you need them out the court due to another court issue… in both cases the officers said incriminating things about the stop..but the now attorney don’t want to pull the article for proof of the wrong of the officer. And the illegal way the tickets was given… one officer didn’t write it up to appear before a judge he just wrote up a made to pay ticket… how do I fix this in my new case..?? I go to court in two in half weeks from today!
Once I was accused of buying cigarettes for a minor. It supposedly happened during my 15 minute break at work, between 2:00-2:15pm, & they were supposedly bought at a store next to my job. It was also an off-brand of cigarettes I had never heard of. I even went to the store later on my own & asked if they carried that particular brand & that particular type (full flavor 100s) & while they did, they were being discontinued or something & they were only selling the remaining stock…& they did not have any of the “full flavor 100s” left. I mentioned that to my public defender & said that sales records would also most likely prove that no one – let alone myself – bought a pack of those on that day during that time frame. But he wouldn’t even try to!!!! He flat out refused to!!! & I know they CAN do that, because I’ve seen prosecutors & cops use sales records to convict someone before. So I don’t know why my lawyer wouldn’t do it.
When you retire from the bar perhaps you should consider being a motivational speaker! This is spot on not only for criminal proceedings but for life in general. I always get as much as I can in written communication for covering my @$$. You can’t use depositions in CA for the most part on criminal cases though…
What do you think about a plaintiff that initially lied to the police to have a charged placed on a person, currently now the plaintiff has been relentlessly harassing and stalking the innocent defendant while their case is open.. Also say the plaintiff is even harassing and trying to intimidate potential witnesses to not want to testify. Can a plaintiff be charged with intimidation of a witness?
I’ll ask for all the discoveries in my case and I got what they give me but they didn’t give me all the body cam footage that I need such as the canine handlers body cam And I was told that’s all they had and in the body cam footage I got the police officer that arrested me was coaching the canine handler and what to say what do I do about that?
I also tried getting in contact with the DA to give my story but that didn’t work either. The incident happened july 2023. I was just aware January 20 2024 that i had arrest warrant. Luckily getting it tooken care of. Im just frustrated that i just want my voice heard. Stop silencing me. I want my story heard and i want my Public defender to actually explain why im being charged, what plea offers our available? Can i get this in writing b4 i see the judge. I dont wanna get lied into taking one deal and get another .. ive read articles where it has happened. If the event happened July 2023 why did i just find out 6 momths later ? I found out on a background check. 😂. 😮😮
I’m dealing with a public defender that was assigned after 6 months of having another one. The courts switched them all up. He’s not familiar with my case. I talked to him today right before a conference meeting was scheduled. The state hasn’t given us the evidence, the discovery, the status, and he’s trying to get me to not go to trial. Trying to say my stance won’t work with the jury. I got into an argument with him he threatened to hang up multiple times. He obviously wasn’t familiar with how internet and statistics work for a hacked account.
I love this and need it right now thank you so much my public defender is precisely the slob who ignores all my question. I have been looking for solutions but the balif told me she has never seen a public defender be swapped or reprimanded as it relates to poor council. I feel defeated not being able to afford an attorney but not having the slightest clue what’s going on in my case with trial in 3 months.
My cousin is getting railroaded by Mendocino county, CA. Judge, DA and public defender all keep trying to talk him into taking any plea deal that gets offered. Se said he didn’t do, would never do anything like that, will not plea guilt. A girl (16yo / family’s friends) said he raped her and tortured her. Steep accusation. So his mom had to go through all of his messages, friends, family messages, to put together a 3 month time-line to prove he wasn’t anywhere near her. So prosecutor changed the incident dates. Do they had to track down another 3 month period and still, he wasn’t even in the same state for most of the time. Today is 2 months in jail, they said they might drop that case because they can’t get accuser to come in to the meetings. And now they said they have the girls older sister – (21yo, who accused her ex boyfriend of rape and he’s in prison) – she’s saying he might’ve raped her. And they have a picture of a bruise that came from same time period but it’s the next 3 months after first accusation. They previously had a $1mil bail and wanted 9 year sentence for the first one, but, today, now that they’re going to drop that case, they want 100 years for the older sister’s case but it’s only $100k bail. Public defender is a crazy person, wears dirty filthy suits to court, keeps telling him to just plea guilty and work with the prosecutor and hopefully you’ll get a light sentence. Need to sue the county for this woke prosecutor trying to score “me too” points.
Question! I live in Michigan.. but ya I had an incident happen in 7/21. My public defender had not reviewed footage had not got me footage of the incident yet wanted me to accept a deal. He wanted to just go off what the cop said. Uh I was the passenger in the vehicle. The inventory search in which is to secure your belongings and vehicle. The left my windows down sun roof open lights on battery was dead I had to get my car towed out. My keys were on the center console. So the inventory search didn’t happen they used it as a ruse clearly!
Sir, i am so glad to see your article. My case is over. But I need advice or help. I was assigned an IDB attorney here in Webster Parish Louisiana, I could not get ahold of him and I was trying to be very acyive The IDB office, would just give a phone. And when I called the number. The IDB attorney’s uncle Harold would answer and when I would request my attorney Mr Harold would say, go to court house every Monday morning and look for him, (I never met him). They would not give an email, so I typed
I tried emailing my Public defender. He got mad. I just want verification on my plea deal. I want by plea offer on paper b4 I see the judge. I don’t wanna plea to one thing and have it be another. All I asked is my plea on paper.. have to go again next month. I was supposed to plea today but I wanted it on paper b4 I see the judge. I’ve heard someone got lied to by there PD and he ended up getting a worse deal from what was offered.
Thank yoy, my daughter was assaulted by her husband. She had a dislocated hip, he assaulted her, choked her til she passed out, had her maced, then had his friend who did not witness anything, call the police and say she assaulted him. Now he won’t return her assets so she can hire an attirney. The sheriff’s won’t help
I was taken to jail and in doing so the officers violated the Truth to Arrest Act, kidnapped me because I couldn’t tell him what he wanted to know and stood my ground when he cursed at me and became highly aggressive. Used my disability to challenge my manhood and invoked my 5th Amendment. He told the other officer,” Fuck it, cuff him, throw in the car!” I wasn’t told I was under arrest, what I was arrested for or read my Miranda rights although my codefendants were.
Thank you sir, sounding sensible, helpful and clear. What if the oppressors have worn one down, stressed one sick and sleepless, ad the state attorney didn’t defend one, and one was too sleep deprived and stress exhausted to do good work of reading, learning, understanding, checking, co-working and self-defending as well as one could have with sleep and a truthful and helpful attorney? And what when the courts ignored the points I did make? F ex that the notary was sick and the repkacement didn’t write down the actual dialogue. but igbnored my protest. As I called he court of appeal that I didn’t have an attorney (I finally cancelled the immoral one, fearful of his possible measures against me), the person ignored it by telling me I had to fix one myself. But didn’t know how to, was too tired and don’t have such means. They have made my health amd life much worse than it ever was. Can I have the false guardianship cancelled several years after the fake trial? And can I request a fair damages, for all the years of my life that many pofessionals have made hell unnecessarily, and even torturous? Thank you, I hope for answers, if possible.
I had 3 attorneys, all of whom denied me, fail to argue constitutional violations. The judge refuses to hear anything I have to say. The Court used an alcohol monitor on my leg for 19 months, costing me $7000 during that time. This caused physical pain, mental torture, and loss of much needed defense money. How can they use these SCRAM monitors during pretrial? That’s like finding someone guilty before a trial.
Unfortunately I found this after the fact I was charged with grand theft for 3000.00 the victim would not agree to a diversion program and then offered me a misdemeanor theft guilty which I said no. So when I took the grand theft and adduction withheld they waited till the last minute and charged me with organized fraud . I was so tired I went with it. Now it’s hard to find employment ect. That was excessive for it unpaid restitution and. Completed probation. Is there any complaint I can file?
Wish you were in Texas.. we are looking for a good defense attorney as we are on attorney #3 and waiting for another trial date and not real confident with the one we have as we had a trial date but I got covid and was out of quarantine 2 days before trial but they put it off and the the next hearing date isn’t until 2022 to hopefully get a trial date but we are glad we didnt go to trial as our attorney didnt have some records we needed and had talked to us about the trial. So frustrating.. can you recommend any attorney in the dallas-ft worth area in texas?
Wondering if you could offer insight .. DV Case where the culpable party causing harm has manipulated the courts and with no proof the innocent victim is now pending criminal violation. The victim has a plethora of evidence CPTSD, LAS, & really distrusts everyone for the complicit deception. Should the victim seek the prosecutor so appropriate accountability can be sought from the culpable perpetrator?
Liked the dialogue, and truer words were never spoken.. BUT, the best person to get for representation is yourself. With all the knowledge at the touch of a key there is no reason to have a fool for a client.. I’m a retired construction whore that has a tendency to get a ticket every so often. I found out a long time ago that talking to an attorney is bullshit, simple fact is I was tired of being the smartest person in the room. Most times all it takes is to start filing motions, and keep filing motions. I want telemetry from the police car. Shit, I filled a motion once to find out what the cop had for lunch. Discovery, discovery, discovery… If denied? Word it different but same intent.. in the end comes down to one thing. GO TO COURT PREPARED!!. Don’t stutter, stand up straight, say yes or no, not a-ya or nah, nice clothes a must, look at who you are talking to, and look them in the eye, and visa versa. So much truth in the eyes. Your secret weapon is, your power, is tell the truth. It is empowering.
I was out for a drive I had smoked like 35 45 mins prior. I seen a roadblock so I pulled into a driveway to find my wallet and driver’s license. I couldn’t find it so I looked up on Google if avoiding a roadblock was legal. It said as long as I did so without infraction or breaking the law. By this time ten mins had went by and I had a line of cars going towards the checkpoint. So the only way I had was back the way I came. So I turned off my caution lights and pulled back out and went back the way I had came. As soon as I did I was pulled over immediately. I was honest with him because I was scared I was so scared I was shaking and jittery. With it being my first time I really didn’t know what I could refuse or what I couldn’t. I was charged with DUI possession of marijuana and failure to present drivers license he said I wasn’t wearing my seatbelt but that was a lie. Do I have a good case for a dismissal? I did a little research I found that- In 2005 terry vs Ohio 1968 the U.S supreme court deemed suspicion isn’t enough of a probable cause to stop a motorist. They have to articulate a crime or infraction to have reasonable suspicion. So if that’s true that while avoiding a roadblock is suspicious it’s legal if done properly. So then what grounds if any did that state trooper have to pull me over to begin with. Also the trooper conducted field sobriety test on me in the middle of a small road. But that is against there policy. It clearly states that KSP has to do so at a safe location for the officer and arrestee, away from the flow of traffic.
What do you do if your Ast Public Defender refuses or pushes you off not to obtain your reports and what transpired..i have emails with my requests asking for this information b4 my next court hearing and he keeps saying he will talk to me on the day of the case….. I told him I was there to assist him and Have received the same response- that he will talk to me directly b4 we appear
Does the discovery apply to a federal indictment as well? Our public defender said all evidence qould be submitted in 10 days. Its been 5 weeks and public deffwnder said theres no evidence but theres a file he cannot access that may have? In the meantime the defendent is incarcerated without bond in federal prison
I wish you practiced in MA! I had a public attorney and he said a lot of things and yet couldn’t even return my calls, or my mothers for that fact. He answered one time and said that he would call me back and I never heard from him again and I was simply calling to ask him what time I had court and whether it was on Zoom or in person. Needless to say even the clerk of courts office couldn’t, or wouldn’t answer my questions. Hence why I was asking him. In fact the court appointed attorney, finally texted me on the day of court, ten minutes before. To tell me that it was on zoom and that I needed to sign in. By then I had already borrowed money from my son for a criminal defense attorney, who literally sold me a pitch and when it came down to it, he just wants me to plead guilty…although I am innocent, so he can take his money for doing nothing to help me. I suppose? I could have done that all by myself and I wouldn’t owe my son money. This attorney even told me after speaking with the court appointed attorney (a product liability attorney) that this shouldn’t have even been brought to court and that both of them agreed to that fact. As it’s my narcissistic abusive ex boyfriend who lied about everything, in order to have me charged. My ex who knew the officer that had came to my apartment the night I fled and knows my ex, as well as the dispatcher for the town and he also knows the other police officers and chief of police in town and he talks to them every morning at the coffee shop, with the old timers he hangs out with there.
I was stopped in a well to do town in nj. Pd says they were told theres no dash cam in the k9 car that began perusal me and subsequently stopped me. Cop says i switched lanes which is a violation which is not then said i did some kind of swerve or jerk which i did not and then told me he pulled me over because wife had grabbed baby when i stopped for the stop. He also reports he began perusal and investigating my vehicle when he saw me at front of hotel although i made no contact with anyone nor exited vehicle, detailing that theyve had a problem with online sex and drugs. I had the same feeling about the hotel which is why i decided against that hotel for the other down across the street. Theyve rescheduled my motion to supress for unlawful stop 3 times. I believe he had a dashcam. I know i didnt swerve or anything. How to help pd deal with this motion theyre trying to get me to take plea instead of follow through w motion or plea changes if we dont win that. Any recommendations
What can a defendant do when ADA informes their court-appointed defense attorney that Discovery material CAN NOT be physically given to the defendant…only “permitted” to view info, but not have? (specifically in relation to bodycam footage) BTW, the question is relative to a case in Texas, if that makes a difference.
I agree with a lot of this advice, but some of it would only apply in certain jurisdictions. Not all states allow for depositions in criminal cases; even felonies. Discovery disclosure rules can be weird. For instance, in some states, anything recovered via subpoena duces tecum cannot be disseminated to anyone, including the defendant. You can show the defendant the subpoenaed material, but you cannot give him a copy. This also applies to grand jury transcripts. Banking on a ‘missing witness,’ including a missing victim, has serious limitations. Depending on the severity of the case, some prosecutors offices will move heaven and earth 🌍 to get a witness under subpoena to testify. If the witness refuses to testify even after being served with the subpoena, they request that a warrant be issued for the witness, and the judge grants it. I have never seen, or even HEARD, of a felony getting dismissed because the victim didn’t show. Where I work, setting a felony for trial because you think/hope the victim won’t show up is a terrible strategy; not only will it not work, but it’s guaranteed to make your offer worse. The ‘point system’ thing sounds like it is unique to Florida. With that being said, you should know what the penalty range is for your case, and I agree that getting it in writing from your lawyer is a good idea.
Ty. I’m studying. I been charge for stealing a wallet I found outside of the supermarket. I return next day A year later I h didn’t know I had a warrant for stealing a wallet n $450 inside if this wallet. I go to court next week. First time ever first time offender. Disable n no funds fir a lawyer. Pray for me guys. Infinity blessing
I was stopped in daytime for my daytime running lights, the state police arrested me impounded my private vehicle he made up 4 charges, interfearing with gov operations, resisting arrest, led violation, no d.L. he didn’t even have probable cause to stop me, at trial the judge said his opinion is that i violated auxilery driving lights and sent me to jail 12 months interfearing, 6 months resisting, i am out on appeal bond, jury trial july 21st, i hired attorney and he said i will most likely be found guilty due to the officer thought i was in violation, this is in henry co.Alabama, the police even put on police report my condition was on drugs so i had a hair drug test done that went back 90 days it was negative, this is crazy to have to put up with this abuse by public servants, i think my attorney is trying to throw me under the bus.
I wanted to ask you if you knew the law in Texas regarding requesting my sons court appointed to provide us a copy of the whole discovery, he responded that “I am prohibited by statute to give anyone copies, 264.408, Family Code” have you ever heard of that? The case is out of Travis County Texas, and he never has time for us to go into the office to discuss anything ( the one time we did go to his office to discuss the case he tried to rush us out in 10 mins or less). What can i do to try to help my son? We dont have the $ to pay a private attorney. I thought the court appointed attorney was obligated by law to do everything in his power to defend my son? His attorney is just saying my son should plead guilty and accept whatever the prosecutor is offering, but he hasnt even told us what type of deal that prosecutor is offering my son if any! My son says he isnt guilty and it is a very serious charge he is facing! I told my son if he is innocent then He should take the case to trial But my son’s afraid to especially since His attorney doesn’t act like he wants to defend him. He just wants him to make a plea deal So it doesn’t go to trial But this is something that will affect my son for the rest of his life and hes looking at 10 to 20 years in prison. Is there any way that we could request politely request a different court appointed attorney?
I’ve asked for all this and have it documented but my public defender said she thinks I’m guilty and refuses to do anything for me, won’t even return my phone call. the charge is arboring a dog without a vaccine and not only do i not own any dogs, but I’m also homeless. they know i can’t afford a lawyer and are going to railroad me right to prison. and the judge threatens me with contempt every time i try to speak up in court.
What happens if the defendant is in Jail and can’t call his attorney? Mt Husband has been in Jail and the attorney has gone to see him 2 times since August. He was in a car accident and is being charged with murder. An this all happened in a different state then we live in. I don’t know what to do for my Husband ?!
My PD was horrible! I had to object to his version of what happened to me because he just made some shit up!! Im a 100% disabled mentally from fighting in Iraq & stuff & they took my meds away upon arrest & I had no shot at defending myself. I wish I knew then, what I know now because my life is FUBAR from now until death. He never even told me I was entitled to civilian clothes! Instead I had to get hauled in looking like Charlie Manson in orange with no shave or haircut. I felt like a freak every time.
This public defender I’m dealing with does not seem on my side. This was a well check, and then the cop ran my plates. Then, when nothing came back, he came into the store and said I was not leaving without giving him my keys to search my car. Since he let his dog sniff my car while I was in the store. He told me it was his probable cause was the dog. Then on his report uses a statute for probable cause, in use, or using. I was only using my phone.The lawyer said he is not an attorney and probably would amend it. She was an assistant procecutor and is now a public defender. Also, she procecuted my son, and then she was his public defender. I’m not the smartest tool in the shed, but that can’t be right. Integrity these days seems more of a decoration on a wall, then an action word as it should be.
What do you do if the the accused is a severely schizophrenic patient in the “civil” state mental hospital who was expedited there because they were a danger to themselves or others and while hospitalized, unstable hit DCF staff resulting in multiple felony assault charges? After being taken to jail, became suicidal, found incompetent and now is in the forensic state hospital. How can the patient do any of the things you suggest? Should the family be gathering this information? The public defender is not even told where they sent the patient until they receive a report from the facility. Patient needs to remain in treatment at a secure mental hospital and not punished or isolated in a prison or jail. The family did meet with the asst state attorney who also wanted patient to receive treatment and not punishment as well, they say the judge is empathetic but everything is out of our control. He gets bounced back and forth between the legal system and DCF.