Abuse of Process?

[ajsquaredaway]

What is the name of your state (only U.S. law)? Idaho

I am approaching the one year mark on a continuing criminal action (two separate complaints). There may be evidence of official misconduct. It would be more comfortable for me to discuss this issue via email.

 

[Indiana Filer]

What is the name of your state (only U.S. law)? Idaho

I am approaching the one year mark on a continuing criminal action (two separate complaints). There may be evidence of official misconduct. It would be more comfortable for me to discuss this issue via email.

If you want help here, you're going to have to put your situation here.

 

[Antigone*]

What is the name of your state (only U.S. law)? Idaho

I am approaching the one year mark on a continuing criminal action (two separate complaints). There may be evidence of official misconduct. It would be more comfortable for me to discuss this issue via email.

If you are uncomfortable discussing your situation, then my suggestion is that you hire an attorney.

 

[ajsquaredaway]

Okay. Fair enough. BTW, I have hired a lawyer, although being declared indigent by the Court should have caused that remedy to become unnecessary.

First Complaint: Exhibition of a Deadly Weapon. Public Defender motioned to withdraw and withdrew as Court-Appointed counsel prior to second pre-trial conference. Did not waive any of my Rights. Went to trial representing myself and found Guilty. Sentence stayed (except fines/Court costs) pending Appeal to District Court.

Discovery documents reveal existence of potentially libelous and defamatory written statement of third party submitted to Prosecutor's office 6 months prior to incident/criminal complaint.

Second Charge: Trespass. Issued citation by LEO on my property. Alibis abundant. Arraigned and pre-trial / trial set. Filed Request for Discovery two weeks ago. Also filed Demand for Sworn Complaint at that time. Nothing so far.

Summoned for Jury Duty this past week. Jury pool approximately 40 persons. My name drawn for number 5 of 14 (six person jury). After being Sworn, "Voire Dire" performed and I declared prior knowledge of case/details. Entire jury pool present. Excused by Judge and (I think) mistrial declared.

Perhaps I should be making my inquiries in the Civil Law section?

Thank you.

 

[tranquility]

Huh?

I'm not understanding what the problem is.

 

[ajsquaredaway]

I believe that my current situation shows a clear pattern of harassment, abuse of the legal process, malicious prosecution, libel, defamation, etc.

Just trying to perform a little legal due dilligence before I make my next move.

 

[tranquility]

Harassment? You were arrested and found guilty.

You were arrested a second time (cited), and you are in the legal process.

You were in a jury pool and were excused for cause.

How have you been harassed?

 

[ajsquaredaway]

I'm finding it difficult to be concise in my posts so please bear with me.

I'm probably asking questions more appropriate to Civil law, although issues such as "Libel" are considered criminal in some cases, yes?

Regarding the first complaint (exhibition), I was not arrested or cited. In fact, the Sheriff responded and made contact with me personally. All he had for me was a "Thanks for your cooperation." and a hearty handshake. The Criminal Complaint was sworn and served approximately 4 weeks later. One of the primary witnesses for the State is a personal friend of the Prosecutor. This same witness is the "reporting party" for the latest charge (trespass).

Proof of corruption seems to be a daunting task.

 

[Zigner]

I'm finding it difficult to be concise in my posts so please bear with me.

I'm probably asking questions more appropriate to Civil law, although issues such as "Libel" are considered criminal in some cases, yes?

Regarding the first complaint (exhibition), I was not arrested or cited. In fact, the Sheriff responded and made contact with me personally. All he had for me was a "Thanks for your cooperation." and a hearty handshake. The Criminal Complaint was sworn and served approximately 4 weeks later. One of the primary witnesses for the State is a personal friend of the Prosecutor. This same witness is the "reporting party" for the latest charge (trespass).

Proof of corruption seems to be a daunting task.

You still make no sense. You were found GUILTY on the first offense.

Maybe we're approaching this wrong. Maybe we misunderstood your question. Are you actually trying to figure out if you are committing some form of "abuse of process"?

 

[tranquility]

You were found guilty in the first instance. There will be no malicious prosecution there.

You have not resolved the second. If it resolves in your favor, you have to show there was no reason for bringing the charges. This is a high hurdle. Once the DA charges you, it breaks any liability of people before unless you can prove they lied. It is very hard to prove something like that without documentation.

The jury issue is most likely unrelated--unless you have some reason to believe it isn't which you haven't disclosed.

Is there something here? I don't think so. But, you're not coming across like a crank who goes nuts when someone disagrees, so I can't be sure. What I am sure of is that you have a long way to go before you should start thinking of suing someone. At the very least, you need to start winning the criminal cases against you.

 

[ajsquaredaway]

It certainly wasn't my intention to waste anyone's time. There are numerous factors involved with my situation and I failed to appreciate the amount of information that might be required before any knowledgable advice might be offered.

There are 9 separate issues of appeal on the first charge/conviction, ineffective assistance of counsel being the first one. Nothing can happen until that conviction is reversed, I understand that.

The latest charge (trespass) seems to be frivilous and malicious. I'm hoping to eventually convince a jury of that assertion.

The only reason I mentioned the Jury Duty thing was to suggest that if the Prosecutor harbored an intense dislike for me before this spectical, then I'm sure he just loves me now.

 

[Zigner]

It certainly wasn't my intention to waste anyone's time. There are numerous factors involved with my situation and I failed to appreciate the amount of information that might be required before any knowledgable advice might be offered.

There are 9 separate issues of appeal on the first charge/conviction, ineffective assistance of counsel being the first one. Nothing can happen until that conviction is reversed, I understand that.

The latest charge (trespass) seems to be frivilous and malicious. I'm hoping to eventually convince a jury of that assertion.

The only reason I mentioned the Jury Duty thing was to suggest that if the Prosecutor harbored an intense dislike for me before this spectical, then I'm sure he just loves me now.

Heck, I'm with the prosecutor on this one. Ziggy-out!

 

[tranquility]

Winning on appeal is not going to help unless you get a prosecutorial misconduct decision.

I accept there is more going on as, again, you are not coming across like a crank. Yet, there is nothing in what you have said so far which makes me believe you have anything resembling a case.

 

[Antigone*]

Tigi thinks this one is a good candidate for the tin foil hat society

 

[tranquility]

But, the "hatters" tend to be mad. With the lack of support shown by our posts so far, most would already be sputtering with rage and telling us how his attorney has already won the case since he first posted, the check is in the mail and we're all stupid.