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Breech of Constitutional Rts

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Rheabird33

Junior Member
What is the name of your state (only U.S. law)? OH

When a legal professional breeches his client's Constitutional Rights, is it a criminal or civil matter, or both?
 


It can be either or both or neither depending on the circumstances .. there are laws that flow from the fed & st constitutions usually.
 

justalayman

Senior Member
what is a "legal professional"

Depending on the situation and what a "legal professional" is, it might not be illegal, either criminally or civilly. Just the same, depending on the definition, there are situations where it could be both.


You need to describe the situation before you can get an accurate answer.
 

Just Blue

Senior Member
what is a "legal professional"

Depending on the situation and what a "legal professional" is, it might not be illegal, either criminally or civilly. Just the same, depending on the definition, there are situations where it could be both.


You need to describe the situation before you can get an accurate answer.
09-16-2010, 04:57 PM
Rheabird33
Junior Member Join Date: Sep 2010
Posts: 4

3rd Party Interferrence Caused My Arrest

--------------------------------------------------------------------------------

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

I stumbled upon 3 horses enclosed in a shack, in stalls so small that 1 of them couldn't turn around. they were in feces upto their hocks and there was not a Single Grain of food, Stick of Hay or ounce of water in the shack, nor were there any signs of grain or hay in the stalls themselves to indicate the horses were being feed. The youngest of the horses was malnourished with hip bones and ribs showing.

Due to the horrific conditions, i went home & searched the internet until I found a horse group who had just had a go around with our local animal control & Humane Society regarding 16 dead horses that ac failed to check on for 3mos.

Anyway, the lady told me to call the police and animal control in the morning and file a complaint. She also advised me under ORC 1313.17 that I had a legal right to enter the property to provide life sustaining support for the horses.

Saturday morning I did just as she instructed. I don't want to go into the corruption of the legal system at this time so I'm going to shorten the 'whole story' to focus on the illegal actions of one man, referred to as "3rd party", that caused my arrest and impoundment of my service dog who's 'in training'.

After going back to feed the horses I contacted a 3rd party person to tell them about the situation with his neighbors. He begged and begged me not to call the media and to give him 24hrs to talk to the owners. So I did.

24hrs later, on sunday, I had not heard from 3rd party, so I assumed the worst and felt I had to followup with the horses to give them life sustaining food and water as animal control had still not shown up to investigate the situation. I was surprised when I saw 6 new bales of hay and one 50lb bag of feed sitting in the shack - neither had been opened or given to the horses!

While i was there, the owners called the police. The same detective I had spoke with the day before to file charges of animal abuse/neglect against the horse owners answered the call. He came waddeling out of his patrol car, throwing his arms in the air and stating ~'I told you to stay out of this yesterday'. (not exact words) He went on to further yell at me that the owners wanted me off their property and that if I came back I could be arrested for Criminal Trespassing.

I ask the Detective to please look at the animals and he refused saying Animal Control would be looking into it 'tomorrow' (monday). I left.

2' o'clock Monday comes around and I STILL haven't heard from animal control regardless of the messages I had left, so I felt it necessary to check on the horses and again provide them with life sustaining food & water to the best of my ability.

After leaving the horses, I stopped by the 3rd party's home and went off on him regarding the lack of care the horses had received regardless of his promise to me. He said nothing!

Approximately 10mins after returning home, the police showed up and issued me a summons for "Criminal Trespassing".

Pls keep in mind that the owners, Defendants/Now Plaintiffs were told by the 3rd party person that I would be made aware of the arrangements he had made with them to provide food for the horses and that I'd stay away. HOWEVER, he NEVER relayed the information to me the Plaintiff/Now Defendant. So when I showed up again, the owners were of the impression that I had been told about the arrangements between them and the 3rd party and I was just being a rebel trying to cause trouble!

When I went to court to plead 'Not Guilty' by ORC 1313.17, I was arrested! Here again, i want to steer clear of the criminal injustice done unto me and my dog by the legal system. So, I will just say:

1 - I was arrested for a ficticous claim of another criminal trespassing
~1month after the original animal abuse/neglect charges were filed.
2 - I was thrown in jail
3 - My service dog 'in training' was confiscated and taken by animal control
4 - My $1000 Cash bond was posted 1day later and both I and my companion
finally made it threw the horrific situation.

Had the 3rd party not involved himself, the owners would have been found guilty of animal abuse/neglect and punished accordingly.

Instead, the 3rd party bribed the owners with money, told them he would inform me of the arrangements and then failed to do so, causing the owners to be of one mindset and myself of another.

By withholding crucial information in a police investigation, he greatly influenced the outcome, which was extremely negative for me and my family.

What crimes has the 3rd party committed and what recourse might I have?

Thank you in advance


Find an Attorney

Posting Hx is a must.
 

cyjeff

Senior Member
Exactly what constitutional right... repeat CONSTITUTIONAL right... do you think you have that allows you to trespass on someone else's land?

Exactly what constitutional right... repeat CONSTITUTIONAL right... do you think you have that has been violated?

Exactly how does a client relationship exist between you and any party mentioned?
 

BOR

Senior Member
What is the name of your state (only U.S. law)? OH

When a legal professional breeches his client's Constitutional Rights, is it a criminal or civil matter, or both?
I looked up 1313.17 you cite later, that is concerning commercial transactions??

Did you even look it up before you acted??

Client?? Were you a persons client??

Nothing you post indicates that?

From my research although "Mistake of fact" is a recognized defense under Ohio law, "Mistake of law" is not.

If you thought the law permitted unathorized entry, you may fail there.

It seems the charge will best be defended by a humanitarian/justification defense, the possibility an animal might have died had you not acted in exigency.

Even the police can act in emergency/exigent circumstances without prior court authority.

Tresspassing is a possible jailable offense, by statute that is.

IF you are indigent and plead not guilty you will be appointed a public defender under Ohio law.
 

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