Principal knowingly allows false trespassing charges to be filed.

[I'mTheFather]

I found it, finally. My sons case is different in that it was the school (principal) who wanted charges brought (this is in the police report). Again, the confession did not exist but was fabricated. For reasons beyond what I want to disclose on this forum, it was not possible for my son to do what he was charged with.

Eh, that was the case that you posted to support your argument.

Look, the school doesn't tell the authorities who to arrest. Yes, they wanted the miscreants to face charges, but your son was arrested after the police investigated and determined, perhaps erroneously, that he was involved.

The judge dismissed the case against your son because the police chief should have provided a Miranda warning. I doubt the judge said your son didn't confess. The judge probably said that the lack of Miranda warning made the entire line of questioning inadmissible as evidence. Hence, no evidence.

 

[Humusluvr]

Eh, that was the case that you posted to support your argument.

Look, the school doesn't tell the authorities who to arrest. Yes, they wanted the miscreants to face charges, but your son was arrested after the police investigated and determined, perhaps erroneously, that he was involved.

The judge dismissed the case against your son because the police chief should have provided a Miranda warning. I doubt the judge said your son didn't confess. The judge probably said that the lack of Miranda warning made the entire line of questioning inadmissible as evidence. Hence, no evidence.

Exactly what I said from my first post, upon which the OP called me a troll. So, since she's only here to hear what she wants - here ya go:

Oh, your poor little baby, and POOR YOU for being put through this! How dare that nasty mean principal ASK your kid what happened, and your kid TELL the principal that he knew about, and probably entered the room.

How dare the police charge your precious angel with false trespassing when it's obvious that he just trespassed, but didn't leave behind his nintendo like the other deviants.

SUE! I say!!! Sue them all!!! Off with their heads! This grievous malfeasance of justice is the types they should profile on Maury Povich. Maybe, just maybe Dr. Phil would pick up on it, and do an expose to oust this principal of evil.

Happy now, troll?

Next time, don't gripe when you don't hear exactly what you want.

toodles

 

[cyjeff]

Let me give this a try....

Legal fees in a criminal trial are not paid by the losers in that trial as they sometimes are in a civil proceeding. In other words, no refund is going to be forthcoming.

Your option is to lawyer up and sue whomever you believe wronged your son. If you believe evidence was fabricated, you should be prepared to prove that in a court of law. Your attorney will be able to guide you through the process to determine whether or not the evidence you have is sufficient to take before a court.

The problem, of course, is that you will have to pay this civil attorney additional monies to start the case. A good rule of thumb is to talk to several lawyers... if you can't find one that will take the case on contingency (and you won't), then you really don't have a case.

Why won't an attorney take the case on contingency? There are several reasons... one, the amount of the suit isn't worth their time; two, you would have to have some pretty iron clad proof that the principal, for instance, was not mistaken but actively fabricating evidence (it is not illegal to be wrong); and, three, because it is very likely that you won't be awarded enough to cover the NEW lawyer's fees and so the cycle will continue.

Yes, you are upset. You can always call some attorneys. Good luck.

 

[jojajn]

Eh, that was the case that you posted to support your argument.

Look, the school doesn't tell the authorities who to arrest. Yes, they wanted the miscreants to face charges, but your son was arrested after the police investigated and determined, perhaps erroneously, that he was involved.

The judge dismissed the case against your son because the police chief should have provided a Miranda warning. I doubt the judge said your son didn't confess. The judge probably said that the lack of Miranda warning made the entire line of questioning inadmissible as evidence. Hence, no evidence.

The judge wrote, "The court is unable to determine what exactly was said during the interview because it was not recorded."

 

[jojajn]

Let me give this a try....

Legal fees in a criminal trial are not paid by the losers in that trial as they sometimes are in a civil proceeding. In other words, no refund is going to be forthcoming.

Your option is to lawyer up and sue whomever you believe wronged your son. If you believe evidence was fabricated, you should be prepared to prove that in a court of law. Your attorney will be able to guide you through the process to determine whether or not the evidence you have is sufficient to take before a court.

The problem, of course, is that you will have to pay this civil attorney additional monies to start the case. A good rule of thumb is to talk to several lawyers... if you can't find one that will take the case on contingency (and you won't), then you really don't have a case.

Why won't an attorney take the case on contingency? There are several reasons... one, the amount of the suit isn't worth their time; two, you would have to have some pretty iron clad proof that the principal, for instance, was not mistaken but actively fabricating evidence (it is not illegal to be wrong); and, three, because it is very likely that you won't be awarded enough to cover the NEW lawyer's fees and so the cycle will continue.

Yes, you are upset. You can always call some attorneys. Good luck.

Thank you for a civil, intelligent, and respectable answer.

 

[I'mTheFather]

After $3000 in legal fees, the court dismissed the case due to violation of my son's constitutional rights (no Miranda warning when questioned) and no evidence.

Again, the confession did not exist but was fabricated. For reasons beyond what I want to disclose on this forum, it was not possible for my son to do what he was charged with.

The judge wrote, "The court is unable to determine what exactly was said during the interview because it was not recorded."

In your first post, you said "Miranda warning," in a subsequent post you said the confession was fabricated, and above you say that the judge dismissed because the confession wasn't recorded. That is not the same as saying the confession was fabricated or did not happen.

Thank you for a civil, intelligent, and respectable answer.

Huh. You've actually received quite a few of those from quite a few people.

Ooh, the bolded part of your post above could be an important point in your favor, depending on what it means, but I'm not asking and I don't want to know. I'm done.

 

[tranquility]

To a statement from the OP:

For reasons beyond what I want to disclose on this forum, it was not possible for my son to do what he was charged with.

it was said:

Ooh, the bolded part of your post above could be an important point in your favor, depending on what it means, but I'm not asking and I don't want to know.

How so?

 

[jojajn]

In your first post, you said "Miranda warning," in a subsequent post you said the confession was fabricated, and above you say that the judge dismissed because the confession wasn't recorded. That is not the same as saying the confession was fabricated or did not happen.

Huh. You've actually received quite a few of those from quite a few people.

Ooh, the bolded part of your post above could be an important point in your favor, depending on what it means, but I'm not asking and I don't want to know. I'm done.

You are not reading closely. I never wrote that the judge dismissed because the confession wasn't recorded, I wrote the judge wrote, "the court is unable to determine exactly what was said during the interview because it was not recorded."

The case was dismissed because my son was not given his Miranda warnings and there is NO OTHER EVIDENCE. Therefore, they have no case. The judge wrote other comments regarding the circumstances of this investigation in his 10 page court order regarding the dismissal. All of the judge's comments are suggestive of a "shoddy" investigation.

 

[Humusluvr]

To a statement from the OP:
it was said:
How so?

I was thinking, since mom insinuated there was some reason that kid COULDN'T have been in the little room at the top of the stairs, or crawling into the room from the roof, that the child may have been handicapped.

Unless her child is in a wheelchair, then he got off on a technicality. I'm pretty sure everyone here can understand that KIDDO CONFESSED, principal agreed that charges should be filed, mom went ape-shoot, and lawyer got kid off on a loophole.

I can't see how it's possible to be any other way than I described it, unless mom comes back after 4 pages with *the* chunk of info she's been leaving out for so long.... rrrrriiiiiiigggggggggggghhhhhhhhhhhhhtttttttttttttttttt**************

 

[Humusluvr]

You are not reading closely. I never wrote that the judge dismissed because the confession wasn't recorded, I wrote the judge wrote, "the court is unable to determine exactly what was said during the interview because it was not recorded."

The case was dismissed because my son was not given his Miranda warnings and there is NO OTHER EVIDENCE. Therefore, they have no case. The judge wrote other comments regarding the circumstances of this investigation in his 10 page court order regarding the dismissal. All of the judge's comments are suggestive of a "shoddy" investigation.

so, the confession is out. Your kid did it, and confessed, but it couldn't be used in a court of law.

You've taught your son how to "play the game."

Heck of a winner you got there, mom. Heck of a family.

 

[jojajn]

so, the confession is out. Your kid did it, and confessed, but it couldn't be used in a court of law.

You've taught your son how to "play the game."

Heck of a winner you got there, mom. Heck of a family.

My son never confessed. What don't you, or anyone else, not understand about that? This policeman has several complaints filed against him and is on probation for falsifying police reports, coercion, etc.....

Seems people on this forum are more interested in a witch hunt than due process and our legal system. The "free legal advice' here is definitely what I Paid for!

You all must have had a stroke when Casey Anthony was found not guilty! Surely, you would rather live in a Mideast country where you can convict on "just because."

 

[cyjeff]

My son never confessed. What don't you, or anyone else, not understand about that? The police has several complaints filed against him and is on probation for falsifying police reports, coercion, etc.....

Seems people on this forum are more interested in a witch hunt than due process and our legal system. The "free legal advice' here is definitely what I Paid for!

You all must have had a stroke when Casey Anthony was found not guilty! Surely, you would rather live in a Mideast country where you can convict on "just because."

Oh just stop.

Just because we only work with what you give us doesn't mean we are stupid.

You don't like the folks here, leave. You got your answers.

Feel free to never come back.

 

[Proserpina]

My son never confessed. What don't you, or anyone else, not understand about that? The police has several complaints filed against him and is on probation for falsifying police reports, coercion, etc.....

Seems people on this forum are more interested in a witch hunt than due process and our legal system. The "free legal advice' here is definitely what I Paid for!

You all must have had a stroke when Casey Anthony was found not guilty! Surely, you would rather live in a Mideast country where you can convict on "just because."

Ah, yes.

When in doubt, bring up Casey Anthony.

Throw in the Middle East if you know for sure you're full of it and have nothing more to do than deflect.

For the trifecta? Come on, you missed it. OJ isn't just a beverage, after all!

 

[stealth2]

Pro - you owe me a new monitor. The OJ crack made me splurt.

 

[Proserpina]

Pro - you owe me a new monitor. The OJ crack made me splurt.

I'm going to blame Vincent Bugliosi.