Jail, Courts, Judges and Constitutional Rights

Pitch a fit here
[Creep]-Tyrant
 
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Well in yet another hard learned lesson in the inner workings of our supposedly fair legal system I have found myself, and my life and what little I was managing to achieve has been completely swept away, destroyed and otherwise obliterated. Constitutional Rights are a joke, don't ever think for a minute that if you ever get in any kind of legal trouble that the system will actually treat you with any compassion, fairness or honor those rights you learned about in school.
The reality is a judge can, and will sentence you however he wants to, based on his own biased, perhaps even prejudice opinion, not on facts, evidence and by objectively examining the situation to issue a just decision.
Guilty until proven innocent, that's how it really works if you are a working class citizen and cannot afford an attorney. Your rights fly out the window without representation, no matter what you can prove, without that lawyer to manipulate the right people, work the system and protect you from injustice and violation, you will go to jail, needlessly, and they do not care if such a thing will destroy the lives of your family, ruin you financially and strip you of anything, indeed everything you own.
Two weeks ago, after installing a sliding glass door in a friend's single wide trailer, I went home and fixed dinner for my son and I, ate and was very tired after a long day spent partly in the rain making sure that door got installed and weather sealed before I left.
5:30 am there is loud knocking on the door, I wake up and go to answer it, police, they inform me that yet again they have a warrant for my arrest for child support, even though the officer is fully aware I have had my children for over 2 years now (as is the Court, Social Services and the Child Support Agency) they arrest me, leaving my son to get himself up and off to school alone.
To make a long story short (or at least attempt to sum it up) the intent was to incarcerate me for 60 days on 2 different charges, one of which is a case where they are making me pay for my ex-wifes public assistance money she borrowed years ago, a case that I have been court ordered twice to pay IN FULL, and I complied with the courts wishes and paid said debt in full, TWICE, the the case remains open and the amount owed has dropped only about $80 even though I have paid over $2100 on that case which was only $940 to begin with. A number of people, including the Clerk of Superior Court have informed me that they cannot make any sense out of my case, that the casefiles don't make any sense, the numbers aren't adding up and they cannot understand why in thier files they have only one case for prosecution but 2 cases for sentencing. What that all means is this, no matter what I pay on either case, the system does not apply the money to the case I am paying, rather in pays on the one case they have listed in their files, distributing the money first to the state, the courts and the prosecution, after that the remaining money is applied to actual child support (even tho I have the kids) then if they feel like it a small, very small percentage will be applied to the $940 public assistance debt. In essence it is a simple little loophole trick they figured out to make sure that the system continues to profit from my misfortune, always getting thier money first, my children second. When they decide I am out of compliance because I continue to try and explain that I have my children (and have thoroughly proven so with witnesses and written statements from numerous people including schoolteachers police officers, neighbors, friends and family members) they will not sentence me to jail for one case, even though they only have one case in thier files against me, somehow it becomes 2 cases when they issue a sentence or warrant.
I spoke with an attorney about this even tho I cannot possibly afford her services she was kind enough to listen to me and give me some answers as best she could, explaining that what they were doing to me is illegal and a direct violation of certain federally protected rights, but that at the state level they continue to do this to a lot of fathers and apparently there are a lot of people fighting this injustice as best they can, but always crippled by a system that has more money, more resources, more power and nearly absolute control over the situation, arresting and incarcerating people daily leaving them unable to really put a stop to thier unjust and corrupt system.
They like the profit they make from this setup and they make themselves look good issuing reports and statistics about the 'deadbeat dads' they bring 'justice' to.
Well my mother, unable to afford to get me out of jail by spending $1400 to pay off the immedaite debt finally managed to get a loan against her house, sinking her further into debt she cannot possibly handle. She got me out of jail yesterday afternoon around 4pm or so, much to my unexepected surprise. Today I am running some errands, including to the local community college to get my GED needed to qualify for my Microsoft Certification classes. Before my arrest I had completed my M$ exams online and apparently passed with what the representaitve said were 'extremely impressive' scores. Anxious to change my life for the better, particularly financially since that always seems to be the biggest major issue for me I am following up on that and doing everything I can to keep the ball rolling and get that damn certification, once certified they have job placement, minimum salary of $65,000 a year, according to the rep, with my scores, if further testing shows that my knowlege is truly what those scores showed (i.e. in a classroom where I can't cheat) I would be looking at a considerably higher starting salary since I scored more than double what thier own 3 year trained techs normally score (haha, I knew us hackzors knew more than them bastards).
So I just ask the community to wish me luck, I felt the need to vent my frustration, and I know I have to pay this court crap off no matter what, I was told no matter if I can prove I had the kids or not, the court is going to hold me repsonsible for the debt they insist I owe irregardless of any further decisions.
The hardest part for me right now, I no longer have either of my children, and I cannot begin to tell you how much that hurts, I found myself last night, 37 years old, grown man, crying like a baby because I am powerless against the abomination that has become our justice system.
I am homeless, jobless, childless and without transportation, with $12 in my pocket, but know this, it is not in my nature to give in to defeat, despite how I feel right now, I know I can get past this, I know I will never win against the system, but if I can survive somehow long enough to get in a position where I can afford to pay this (right or wrong no longer matters, just pay it because they'll make me no matter what) I may be able to eventually get out of this perpetual cycle. My biggest problem right now is it is not econimically possible, even with 2 full time jobs, for me to affford a place to live, pay any utilities and have a car AND pay this debt, no matter how I work the math with the cheapest rent I can find, it's just plain impossible. So for now I must remain homeless, float around and crash where I can, do my best not to wear out my welcome (which friends I have are very nice that way thankfully). It's the only way I can pay the courts and afford to feed myself and have transportation with which to hold down a job.
I'll get online as I can, I know I'll want to socialize, break from the stress when I can and enjoy the company of my WickedNET family that I have grown to love and think of as closely as my real life friends and family, not just e-buddies.

Thank you for letting me rant, I feel moderately better now. Gonna finish looking at the new posts sine I've been away and the head out to see what I need to do about that GED or High School Diploma so I can qualify completely for these M$ classes.
Last edited by [Creep]-Tyrant on Mon Feb 26, 2007 2:55 pm, edited 1 time in total.

buzz
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Postby buzz on Mon Feb 26, 2007 2:05 pm

Holy crap dude ... I'm real sorry to hear about all crap you've gone through and mostly about loseing the kids. If someone took away my kids, someone will die - long and short of it. I know we'll get princess and who cares back with all his damn GG wins :)

So where do you stand now in regards to courts? Are you going to have to pay this crap again or is it settled? Who has the kids? Where is the crazy mother in all this? There has to be a lawyer out there that'll help you out pro-bono. I know them fuckers can get expensive.

Is there anything we can do to help? I hate hearing these stories about BAD shit happening to good people - especially when it's in the family.. It just ain't right.

HangOver
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Postby HangOver on Mon Feb 26, 2007 2:06 pm

damn ...

just ... damn ...

[Creep]-Tyrant
 
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Postby [Creep]-Tyrant on Mon Feb 26, 2007 2:18 pm

It's not settled, the lawyer explained to me that the worst of everything is even if I could prove I had the kid for the last 10 years, had DNA test and they turned out to not even be my children, North Carolina law would allow the state to continue to hold me responsible for any debt they currently claim I owe, although such a drastic thing would terminate any further child support amount, I would (and will) owe for the past absolutely irregardless of any future judgement based on the idea that it was court ordered and I did not comply, whether they were wrong or not, the debt was incurred and I therefore I owe the state, period, end of discussion, do not pass Go, do not collect $200.

I have no idea what anyone can do to help me, my bother managed to save a good chunk of my stuff, putting it all in his storage unit and cramming as much as he could into my van and moving it to my mother's property.
At the moment, I am in a quandry, unable to figure out my next move other than following up on that M$ certification. I don't know whether to stay here and hope I can somehow get into a better financial position and create some stablity or just up and leave for a while, buy myself some time somewhere else, get my M$ cert., have a real job and then maybe return better able to deal with this godawful mess.

Damnit I really miss my kids, I want to scream at the world today, I want to curse god but I don't belive he exists, certainly not when stuff like this happens, not to me, but to my children, for no good reason. I am tempted, VERY tempted to just move somewhere else for a while, it would buy me enough time away from the N.C. system to get myself financially stable without this snake in the grass always biting at my heels. Part of the reason I had thought of moving to Fla. is because of how the law regards me in Fla. vs. NC is different, since Fla. stripped me of my parental rights and the kids have been adopted by the Mother-in-law they will not enforce child support against me since I am not legally responsible for them by thier laws, as well I would have no legal grounds to have any rights to them either.

Honestly, I just don't know what the hell to do.
I need a stable job, fuck construction, at least the way they run things here anyway, after working 20 years building and getting to where I could farily earn $25-$30 hourly or bid my own jobs, things have gotten so bad that a person with my experience can only make up to about $15/hr, no insurance, no benefits, no holidays, no vacation time, no sick days, and pay taxes like a contractor even though I'd be hourly, that translates to about $8/hr after taxes, not enough that I could afford to rent a place to live nevermind the expense of tools, workman's compensation for myself, a vehilce, gas, utilities, and food.
Not to mention the work itself is so unstable, no consistency, work 3-4 months, then nothing for 3-4 months. Just can't survive like that and I am over it, my back is so screwed up, my whole body has taken such a toll from the years I just don't have the strength and stamina to keep it up anymore, at my age with the time I have put in I should be making decent enough money to live without killing myself physically, running a crew rather than being the backbone of it. That's just not going to happen and I have finally realized I have to give up the idea that it will ever work out into a successful business. So now I hunt for a regular job, I know the money will be really low, but at least with benefits and taxes taken out like a normal job and a consistent paycheck I can budget something, at least enough to live in my van and pay the insurance and child support, but it would be nice to have a home.


/me = lost
Last edited by [Creep]-Tyrant on Mon Feb 26, 2007 2:27 pm, edited 1 time in total.

phr33k
 
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Postby phr33k on Mon Feb 26, 2007 2:26 pm

yes ty, are thoughts are with you. my gf too is at the mercy of courts for child support. which is a never ending cycle of money owed no matter if you have your children in your custody or not. of which she doesn't now but your best bet like you said is just get set finacially and pay whatever you can pay. We do miss you around here cs:s isn't the same without ty in it..

keep your head up.
this to will pass.


phr33k

[Creep]-Tyrant
 
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Postby [Creep]-Tyrant on Mon Feb 26, 2007 3:59 pm

Update, I should have my high school diploma by Thursday of next week, assuming I pass the whole 3 tests they have.

Somehow, I don't think I will have much trouble there.

My First M$ Seminar will be 1 week from that Thursday, from there I will know what my options are as far as getting my M$ certification.

ElPresidente
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Postby ElPresidente on Mon Feb 26, 2007 4:39 pm

wow.

that is a shot to the pills man. i wish you the best of luck there.

<3 :cry:

Azriel
 
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Postby Azriel on Mon Feb 26, 2007 7:28 pm

How the hell did you get out of my basement?

lol, buzz said pro-bono....giggle


Someone should make a movie about this shit, then you would be loaded.


Doesnt the Court HAVE to appoint a lawyer to your case by law? And even if they dont, try going to a local universitys law school (Duke, UNC, NCS, if your still in NC (im not sure if all of those schools have law programs)) and asking for representation. Alot of schools that have law programs will represent people at no cost because its more of a benefit for them than it is for you. I know they do that here anyway.


Keep on, keepin on man.

[Creep]-Tyrant
 
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Postby [Creep]-Tyrant on Mon Feb 26, 2007 8:01 pm

Oh yea, the 'Court appointed attorney'
You fill out a form, state your income and expenses and the judge decides if you're approved for court appointed representation, if not you just go to trial without a lawyer. Conveniently he has never once approved me for court appointed attorney, even though I was able to show that the expense of supporting the kids plus everything else easily and legitamtely outweighed my income, leaving me in the red every month, I still made too much to qualify.

So I get tried without a lawyer, as do many other guys every time. Always found guilty, made to pay money no matter what they can prove. Only the people who can afford good representation every get anything resembling justice.

awp-killer
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Postby awp-killer on Mon Feb 26, 2007 9:32 pm

http://caselaw.lp.findlaw.com/data/cons ... endment06/

U.S. Constitution: Sixth Amendment
Sixth Amendment - Rights of Accused in Criminal Prosecutions

Amendment Text | Annotations

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. (emphasis mine)

...

Gideon v. Wainwright .--Against this background, a unanimous Court in Gideon v. Wainwright 211 overruled Betts v. Brady and held ''that in our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him.'' 212 Justice Black, a dissenter in the 1942 decision, asserted for the Court that Betts was an ''abrupt break'' with earlier precedents, citing Powell and Johnson v. Zerbst. Rejecting the Betts reasoning, the Court decided that the right to assistance of counsel is ''fundamental'' and the Fourteenth Amendment does make the right constitutionally required in state courts. 213 The Court's opinion in Gideon left unanswered the question whether the right to assistance of counsel was claimable by defendants charged with misdemeanors or serious misdemeanors as well as with felonies, and it was not until recently that the Court held that the right applies to any misdemeanor case in which imprisonment is imposed--that no person may be sentenced to jail who was convicted in the absence of counsel, unless he validly waived his right. 214 The right to the assistance of counsel exists in juvenile proceedings also. 215 (emphasis mine)

"Gideon petitioned the Supreme Court that his sixth amendment right to have assistance of counsel, should not depend on his wealth (emphasis mine), or anything else." Gideon won his appeal, and "the Supreme Court invalidated his conviction, ordered a retrial, and required that a lawyer be appointed to defend him. At his new trial, with the help of a lawyer, Gideon was acquitted of the crime." ---The Supremes' Greatest Hits: The 34 Supreme Court Cases That Most Directly Affect Your Life, page 52.




Unless that piece of paper you signed says "I agree to waive my right to representation", they cannot take that away from you...for any reason. If it does say that, I wouldn't sign the paper. You could probably retract it too, claiming your rights weren't made clear to you (that's a whole other court case). After all, if they are telling you only people below a certain income level can get an appointed lawyer, this is contradictory to what the Supreme Court says.
Last edited by awp-killer on Mon Feb 26, 2007 9:54 pm, edited 1 time in total.

Router
 
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Postby Router on Mon Feb 26, 2007 9:46 pm

As I said before, I feel your pain man! is this all just from one judge or is the entire court system there like that?! Someone should file a complaint with the Bar. My situation has not nearly become like yours (and hope never will!!) If you want some place new try southwest Georgia, there seems to be a lot of work here.

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Postby w4rrior on Mon Feb 26, 2007 11:32 pm

holy crap tyrant, that is rough. I'll pray for you man (even though you don't believe in god lol), meh, its all a guy like me can do right now. I hope everything will turn out okay, it'll be rough but i know you can do it. we believe in you! one day, you'll look back on this and know that wickednet supported you all the way. good luck!!

MaDSpartus
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Postby MaDSpartus on Tue Feb 27, 2007 12:54 am

alberta man,

mcdonals pays 15 an hour out there...we import workers on temporary lisences from china

Tiberian_Son
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Postby Tiberian_Son on Tue Feb 27, 2007 12:59 am

Join the army and get their lawyers to help you?

awp-killer
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Postby awp-killer on Tue Feb 27, 2007 1:13 am

Tiberian_Son wrote:Join the army and get their lawyers to help you?


Shit man, have you heard of the many returning injured soldiers are getting screwed over because they can't even qualify for disability? He may be better off with the McDonald's job (even if it is $15/hr in monopoly money).

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