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Do I have recourse against the town court here???

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unsolved

Junior Member
This complaint is in regards to what I consider to be vast, legal , negligence, at the hands of a judge who is power hungry and biased. The clerk that handle this case in town court I feel also has some blame for this serious series of errors. This judge already has a bad reputation through out the community and many lawyer as being biased and unfair. On April 19, 2002 I was arrested for one charge of delinquency of a minor in my home town of Whitestown. This charge is a Class A misdemeanor according to the New York penal laws. Basically the charge was for giving my friend Anthony Calenda beer while he was under the age of 21. This charge was eventually pleaded down between my lawyer and the district attorney to a simple violation of law and a fine, for something like criminal trespassing.
I was assured by my lawyer that once this case was closed and all was said and done, I should not have any criminal record. From what I know this should be true to this day. However, after being appointed to a civil service job that required me to have a full criminal background check threw Albany, this charge is still showing as an active and open class A misdemeanor case. In other words this case was never closed and my record was never corrected by the town court. Mistakes like this should not be made when dealing with some ones criminal background. This judge and his clerks never sent the right paper work to Albany, where this should have taken place five or so years ago. So for over five years I have this charge on my criminal record unknowingly, a charge I was never really even convicted of. A charge this is a class A misdemeanor.
Now my family and me have been trying to get these records from the court for my employer who wants them as soon as humanly possible. We’ve been asking town police officers, calling town judges, even calling the clerk at home to get these records cause my job that I would really like to keep depends on this. However, no one is willing to help us until Tuesday, the one day of the week when town court is open. It seems like no one cares about me or the great deal of trouble they have caused me or my family. Hopefully Tuesday the day when town court is supposed to be open isn’t to late for me to get this document and keep my civil service job.
Now I’m in fear of losing my great job and am trying to fight my embarrassment among the folks at human resources. That is if I am able to keep the job now! This should have never happen. Because this court never took 5 minutes to send the right documents to where they should have gone my career and whole life is disrupted. Do you believe I have recourse against the judge, clerks or town court???
 


CdwJava

Senior Member
Unfortunately, mistakes do happen. And on a Holiday weekend, you are not going to get anything done at the courthouse. So Tuesday it is.

If you think you have grounds for a suit, consult an attorney. However, unless you lose your job due to their error there may be no loss and thus no grounds for a suit. And even then, if there was no intentional or negligent act on the part of the court clerk's office, the court may be immune from suit.

There is also the possiblity that some portion of the case has NOT been completed ... community service, probation, etc. You may find out that it was a mistake on your end (you or your attorney) that has resulted in the matter remaining open. Often these kinds of defered matters remain as open cases until some motion or action is made to close it.

Have you spoken to your original attorney?

- Carl
 

unsolved

Junior Member
No as with the holiday weedkend he is on vacation. I really hope that I get this paper work Tuesday, I really need it.
 

unsolved

Junior Member
At the least I would like to file a complaint regararding the way this case was handled. Who would I talk to or write to, to file a formal compaint??? Who oversea's judges and local town courts for situations like this?
 

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