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Q: Specific organization or lawyer which helps the wrongly accused. ( No Answer,   3 Comments )
Question  
Subject: Specific organization or lawyer which helps the wrongly accused.
Category: Relationships and Society > Law
Asked by: q1w2e3r4t5y6-ga
List Price: $100.00
Posted: 17 Feb 2006 15:09 PST
Expires: 19 Mar 2006 15:09 PST
Question ID: 447095
Our family business went under and we were unable to complete
contractual agreements.  Unfortunately, one of our clients was a law
enforcement officer and even though we lost everything he took it
personally and after being rejected by one law enforcement agency he
went to another and got our entire family indicted on felony fraud
charges.  During their investigation no one ever came to us to ask us
even one question! And to this day never had a chance to tell our side
of what happened except to our lawyers.  The state refused to drop
charges against me or our daughter unless my husband plead out, which,
being a good husband and father, he did.  We wanted our day in court
to exonerate ourselves as we are not guilty of anything and still have
the records to prove this, but we couldn?t take the chance of going to
court with our 21 year old daughter.  We kept saying if it could get
this far with us not being guilty, then anything is possible and we
just could risk her!  They dropped the charges against me and gave our
daughter 6 months probation but my husband had to go to jail for 6
months and now is on probation for ten years. That?s 10 years of
living in fear of violating probation and being taken away to jail
first and they ask questions later.  Also, they want him to pay over
$300,000 in contract amounts, even though we never even received that
money!!! And included in the $300,000 is approximately $100,000 in
their investigative and court fees!!! So every month he winds up back
in court regarding how much he should be paying.  All of this might
not seem like a big deal if you?re guilty of something, but if your
not, it makes you very bitter about our country and our judicial
system, in fact, in life in general.  My question is this, since we
never had our day in court, which we feel is unfair, (in fact, we
never should have even been charged in the first place,) is there
anything we can do to reverse this now that our daughter isn?t
attached any longer and not at risk. Is there any agency that helps
people who are innocent and have the records to prove it. Are there
any attorneys that help people in our position; innocent and wrongly
accused and fallen between the cracks? I don?t know how much longer I
can take the stress from all this.  It has been going on for 5 years
now since this started, but he?s only one year into his probation.  I
know about the agencies that help people who are wrongly accused but
have DNA proof of innocence, but I know of no one who helps innocent
people who have other proof other than DNA.
I guess if you play, you expect you may have to pay and are prepared,
but if you're innocent, this is emotionally, not to mention,
financially draining! Any information about where we can turn would be
so very much appreciated by me and my family. Thank you!

Request for Question Clarification by weisstho-ga on 17 Feb 2006 15:26 PST
Where are you?  In what court were your pleas entered?

weisstho-ga

Clarification of Question by q1w2e3r4t5y6-ga on 17 Feb 2006 16:31 PST
broward county, Fl, Circuit court

Clarification of Question by q1w2e3r4t5y6-ga on 17 Feb 2006 17:21 PST
By the way, he did not plead quilty, he plead no contest and
ajudication was withheld.

Request for Question Clarification by weisstho-ga on 18 Feb 2006 16:23 PST
"adjudication was withheld"?  Can you explain this, please?  Does it
mean that upon successful completion of his probation (which you had
stated earlier was a terribly long ten years), that upon successful
completion of his probation that the charges will be dismissed?

And, how old was he at the time of sentencing and how old his he now?

Thanks.  weisstho-ga

Clarification of Question by q1w2e3r4t5y6-ga on 18 Feb 2006 17:32 PST
He was 41 when it happened and will be 47 this year. A withheld
ajudication means that he was not actually adjudicated guilty. 
Therefore, he did not lose his right to vote and after probation will
have all his rights restored.  Whereas, in contrast, if he had been
adjudicated guilty, he would lose his right to vote or to ever carry a
firearm, etc. However, the charges are not dropped, even after
probation is completed.

Clarification of Question by q1w2e3r4t5y6-ga on 21 Feb 2006 10:09 PST
Please read additional info below under comments.
Answer  
There is no answer at this time.

Comments  
Subject: Re: Specific organization or lawyer which helps the wrongly accused.
From: diagonal-ga on 20 Feb 2006 22:44 PST
 
You could try http://www.justicedenied.org.
Subject: Re: Specific organization or lawyer which helps the wrongly accused.
From: taxmama-ga on 21 Feb 2006 05:36 PST
 
Did you call the Bar Association to ask for a recommendation. 
They often have lists of attorneys that do pro bono (free)work.

Also, I don't understand, under the US Constitution, you were
supposed to be provided with an attorney - even if it's from
the public defender's office. Were you never offered an attorney?

Your family may have a strong defense on constitutional grounds. 

Why don't you call your local public defender's office? 

Good luck!

Your TaxMama-ga
Subject: Re: Specific organization or lawyer which helps the wrongly accused.
From: q1w2e3r4t5y6-ga on 21 Feb 2006 10:09 PST
 
In response to "diagonal-ga" and "taxmama-ga":
Thank you so very much for your feedback, it truely is appreciated. My
understanding is that "justicedenied" is a newsletter and it is
primarily for the wrongly accused on deathrow or with DNA evidence,
neither of which apply to our case.  Also, as I mentioned above we do
have an attorney! His hands are as tied as ours are.  It's a rude wake
up call when you wind up in our judicial system and you find out all
the limitations.  You get caught up in a web and there's no way out. 
From the beginning I wanted to talk to the prosecuter and tell our
side and show our evidence but we were told by our attorney "That's
not the way the system works"!!!!! The only way we could have had our
side heard was to go to court and as I mentioned above, my husband
would not risk our daughter and me.  Because if it could have gotten
this far with us being innocent, anything is possible.  Also, we
wanted to go to court to prove our innocense in the beginning, but our
attorney kept telling us anything is possible, it doesn't matter if
you're guilty or not. He said if we lost we would't be the only
innocent people in jail.  How in the world could we risk that with our
daughter!!! We tried to get the cases separated but they wouldn't
release us from him until he plead out. They knew he wouldn't risk
taking his family to court.

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