What is the name of your state?What is the name of your state? TX
Over 2 years ago I was falsely accused of assaulting my wife. At the time we had been seperated for a few months and my son and step-son were living with me. She was doing meth, cocaine and pot, and living with 2 other men at the time, and was unable and unwilling to care for them. The one time she did have them with her for a visit, they were both injured when they were picked up. Reports have been made to every place that handles these cases, with no investigation or results, that I know of anyway. It's all been ignored.
She decided she wanted them back in order to get government money and benefits (easy drug money). I refused so she attacked me then called the police and had me arrested. She lied in order to get a 2-year protective order that banned me from going near her or the children. This gave her sole rights and control of the children and they were handed over to her. This was done with NO hearing or questions asked. I was led in with a line of other guys from the jail, and told to sign the paper, that it was an agreement not to go near HER. They didn't say it would also sever any rights to my children. I was not allowed to call my attorney or to even look at the paper. I didn't get a copy until 3 months later when I got out of jail. All me attorney said was that they "pulled one over on me."
The DA's office was contacted and asked to supervise her, drug test her, something to protect the children. All they said was, "We're not here for the children." They're there to put them in danger, but then take no responsibility.
For over 2 years I've been asking for a trial date, and have been refused. The prosecutor told me if I don't take a guilty plea they'll enhance the charges yet again (to a 20-year felony, and now it's a misdemeanor), plus make sure it's at least another 18 months before I get a trial. They claim they would have to beef the charges up in order to justify the expense of airfare and hotel for the accuser from another state. No, I'm not kidding!
My attorney claims he filed requests for a speedy trial, but there really isn't any such thing. The prosecutor just keeps enhancing or lowering the charges in order to reset the whole thing and start all over again. I've been appearing in court every 2-3 months for over 2 years now on the same charge, just to have it reset for another day.
Also, I had filed for divorce and custody of my son 2 years ago. The attorney stopped the divorce proceedings and said I have to wait until the protective order expires, because no judge will grant even visitation with that in place. Can that be true? Since I don't even know where my son is, and will be jailed if I try to find him, I suppose it is true.
Can I file the request for dismissal myself, due to denial of a speedy trial? Can the state be charged with endangering my sons, or are they immune to being held responsible for the destruction of lives? Do I have any rights to protect and see my son? Do I have any rights at all?
What has happened to our justice system?
Thanks for any advice.
Tired, disillusioned and disgusted in TX
Over 2 years ago I was falsely accused of assaulting my wife. At the time we had been seperated for a few months and my son and step-son were living with me. She was doing meth, cocaine and pot, and living with 2 other men at the time, and was unable and unwilling to care for them. The one time she did have them with her for a visit, they were both injured when they were picked up. Reports have been made to every place that handles these cases, with no investigation or results, that I know of anyway. It's all been ignored.
She decided she wanted them back in order to get government money and benefits (easy drug money). I refused so she attacked me then called the police and had me arrested. She lied in order to get a 2-year protective order that banned me from going near her or the children. This gave her sole rights and control of the children and they were handed over to her. This was done with NO hearing or questions asked. I was led in with a line of other guys from the jail, and told to sign the paper, that it was an agreement not to go near HER. They didn't say it would also sever any rights to my children. I was not allowed to call my attorney or to even look at the paper. I didn't get a copy until 3 months later when I got out of jail. All me attorney said was that they "pulled one over on me."
The DA's office was contacted and asked to supervise her, drug test her, something to protect the children. All they said was, "We're not here for the children." They're there to put them in danger, but then take no responsibility.
For over 2 years I've been asking for a trial date, and have been refused. The prosecutor told me if I don't take a guilty plea they'll enhance the charges yet again (to a 20-year felony, and now it's a misdemeanor), plus make sure it's at least another 18 months before I get a trial. They claim they would have to beef the charges up in order to justify the expense of airfare and hotel for the accuser from another state. No, I'm not kidding!
My attorney claims he filed requests for a speedy trial, but there really isn't any such thing. The prosecutor just keeps enhancing or lowering the charges in order to reset the whole thing and start all over again. I've been appearing in court every 2-3 months for over 2 years now on the same charge, just to have it reset for another day.
Also, I had filed for divorce and custody of my son 2 years ago. The attorney stopped the divorce proceedings and said I have to wait until the protective order expires, because no judge will grant even visitation with that in place. Can that be true? Since I don't even know where my son is, and will be jailed if I try to find him, I suppose it is true.
Can I file the request for dismissal myself, due to denial of a speedy trial? Can the state be charged with endangering my sons, or are they immune to being held responsible for the destruction of lives? Do I have any rights to protect and see my son? Do I have any rights at all?
What has happened to our justice system?
Thanks for any advice.
Tired, disillusioned and disgusted in TX