I'm in PA - where the recent "Cash for Kids" scandal took place. Anyway, I do have confidential complaints with the appropriate authorities so I wont mention any names. My case:
While I was in jail for an alleged simple assault and before the preliminary hearing for this allegation, I was charged with Witness Intimidation (W.I.) - This in and of itself lacked probable cause, because there wasn't a preliminary hearing to determine if a crime was committed.
The prelim for the simple assault comes and all charges are dismissed - the state thus asserting that there was no crime. 2 Days later, the prelim for the W.I. comes and is held over for court. The state is now asserting that there was no crime, but this person was a witness.
They then reinstate the simple assault charges, using the Fraudulent W.I. as an excuse - the W.I. didn't constitute new evidence because I was charge with it before the 1st preliminary hearing. The simple assault charges are dismissed again.
I am subsequently held in jail for 7 months based solely on the W.I. charges. I file a civil lawsuit claiming malicious prosecution etc. Right before trial, the state then amends the information charging me with 2 additional felony counts of witness intimidation.
The 1st count was my brother turning off the water to his residence while I was in jail, the other 2 counts was the lights and gas being turned off - while I was in jail. Since, my "x" stayed there they considered this witness intimidation.
I go to trial. At the end of the states case-in-chief, I fire my attorney for ineffective assistance of counsel, and submit a written motion for acquittal proving that they don't have W.I. because there wasn't a crime and the alleged "victim" confessed during trial to stealing over $1,000 from my Bank Acct while I was in jail.
The judge then declares a mistrial, mind you this is a year later. They then destroy my motion for acquittal, remove it from the dockets, and amend the information to terroristic threats - removing all the original charges and adding a new and different charge (PA rule 564 violation). Being financially depleted, I plead to the Terroristic Threats - Now the allegation was changed to a threat to throw a brick through my own window - which is not even a crime, let alone a crime a violence. (Like stated a year after the fact and after I went to trial - The T.T. charge was never at a prelim or anything)
Meanwhile, the motion for acquittal is never submitted to the Federal Courts and the Suit I had going on and this was done to get my Federal Suit dismissed - which it was.
While filing a complaint with the appropriate agencies, they jumped on this like white on rice. What are my chances of proving FRAUD UPON THE COURT and reinstating my federal suit???
While malicious prosecution represents a high hurdle to jump, FRAUD UPON THE COURT represents a steep cliff to climb.
While I was in jail for an alleged simple assault and before the preliminary hearing for this allegation, I was charged with Witness Intimidation (W.I.) - This in and of itself lacked probable cause, because there wasn't a preliminary hearing to determine if a crime was committed.
The prelim for the simple assault comes and all charges are dismissed - the state thus asserting that there was no crime. 2 Days later, the prelim for the W.I. comes and is held over for court. The state is now asserting that there was no crime, but this person was a witness.
They then reinstate the simple assault charges, using the Fraudulent W.I. as an excuse - the W.I. didn't constitute new evidence because I was charge with it before the 1st preliminary hearing. The simple assault charges are dismissed again.
I am subsequently held in jail for 7 months based solely on the W.I. charges. I file a civil lawsuit claiming malicious prosecution etc. Right before trial, the state then amends the information charging me with 2 additional felony counts of witness intimidation.
The 1st count was my brother turning off the water to his residence while I was in jail, the other 2 counts was the lights and gas being turned off - while I was in jail. Since, my "x" stayed there they considered this witness intimidation.
I go to trial. At the end of the states case-in-chief, I fire my attorney for ineffective assistance of counsel, and submit a written motion for acquittal proving that they don't have W.I. because there wasn't a crime and the alleged "victim" confessed during trial to stealing over $1,000 from my Bank Acct while I was in jail.
The judge then declares a mistrial, mind you this is a year later. They then destroy my motion for acquittal, remove it from the dockets, and amend the information to terroristic threats - removing all the original charges and adding a new and different charge (PA rule 564 violation). Being financially depleted, I plead to the Terroristic Threats - Now the allegation was changed to a threat to throw a brick through my own window - which is not even a crime, let alone a crime a violence. (Like stated a year after the fact and after I went to trial - The T.T. charge was never at a prelim or anything)
Meanwhile, the motion for acquittal is never submitted to the Federal Courts and the Suit I had going on and this was done to get my Federal Suit dismissed - which it was.
While filing a complaint with the appropriate agencies, they jumped on this like white on rice. What are my chances of proving FRAUD UPON THE COURT and reinstating my federal suit???
While malicious prosecution represents a high hurdle to jump, FRAUD UPON THE COURT represents a steep cliff to climb.