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Botched Case??I live in the state of Mississippi and I need some help...FAST! Here is the short version of the long story: On Aug. 13, 2001, 2 officers from a neighboring county showed up at my house looking for a relative of mine on a possible Uttering Forgery charge. I fully cooperated with the officers during the questioning. However, during the time the officers were here, they questioned 6 minor children without our knowledge or consent (3 are mine, three are not). After they finished questioning us, they refused to leave without a picture of me. I found one in our photo album and gave it to them. They left, only to return 2 hours later. When they returned, I was told that they had a warrant for my arrest because I had been positively ID'ed as being an accessory to the above mentioned crime. When the officers were asked to see the warrant, they refused to show it. I was hand cuffed and put into the squad car (my Miranda Rights were not read to me) I was then taken to some ladies house to be identified. I was not told who this woman was. She never did identify me in my presence. However, the police said she id'ed me. After this, I was taken to the county jail, were I was to be booked in. During the booking process, I was never finger printed, my picture was never taken, I was not allowed to make a phone call, and I had my butt cheeks spread open by a female clerk from the office area during a strip search (her head and face was close enough to my backside that I felt her hair brush me). After this, I was put into a cell to await a bond hearing the next morning. The next morning, the arresting officer came and got me out of my cell for further questioning, (still no Miranda Rights were read to me). After he was through questioning me, I was told that I had to sign the waiver of my Miranda Rights or I would not be allowed to see a judge for bond. So, I foolishly signed it. Aproximately 5 minutes after signing this, the Sheriff walked in. The officer told hime who I was, and that for some reason he "beleived my story" The Sheriff then agreed to release me on a $5,000 property bond. After the sherrif left, the officer stated to me that prior to him coming to my house the day before, he had run a background check on me. (5 years ago, I was convicted of Uttering Forgery when I wrote checks on my legal husband's account and signed his name) Anyway, my mother came to the jail and signed the property bond and was refused a copy of the bond papers she had signed. I was set a court date of Aug. 28, 2001 to appear for a Preliminary Hearing. To this date, I have not seen a copy of what I am being accused of doing (writing a counterfeit check). I have since found out that the woman I was taken to see at the time of my arrest is not even from the store in which I am being accused of passing this forged check. The officer refuses to give my picture back to me. And last but not least, the arresting officer is the one who signed the affidavit, not someone from the store. And with the way the affidavit reads, he is stating that he knows personally that I wrote this check. I have been to different lawyers in this area and have been told different things by each. One attorney wouldn't even listen to the whole story, another said I could get the case thrown other on false arrest and file a civil suit against the county, and yet another, said the outcome of it all would depend on what came out at trial. I don't see where they even have any evidence against me and feel that they are basing the whole case on my past record and the fact that I am related to the person they are looking for. I'm sorry this was longer than I meant for it to be, but in order for someone to be able to help me, they need to know the whole story. My Preliminary Hearing has been post-poned until Sept. 25, 2001. I need to know if what the arresting officer/county did was legal? Can I have the case dismissed based on what I have told you? Do I have any grounds to sue? And out of the three attorneys comments I have told you, should I go with one of them to represent me or keep looking? And if anyone out there knows of any good attorneys in the Oxford, MS area? Thank you so much for reading this, and any help anyone could give me would be greatly appreciated. Brokenhalo |
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