UPDATE:slick cops , bad -- COURT WORSE! help!

[seeker]

All;



I would appreciate any and all help/ideas on extricating my son from BB. Wrong place, wrong time etc -- all cliches apply. to make a long story short, he is now a resident of county lock up looking at a felony charge, with no help. Yes he did all the wrong things under the "I got nothing to hid." motto -- you know how they like to twist words. He was under extreme duress and actually pain medication as he had sustained a head injury after the fact, so anything he did say or do could be questionable. No way I truly want to get one of the suits to defend -- so PLEASE help!!

Was looking for the thread that kggoddposted his experiences and his Mom's tactics. I can't find it -- there was some gold there.

Again my thanks to the outstanding folks on this forum and their willingness to assist and support!

Seeker

[Ice]

More info needed... a "blow by blow"... first, what was his situation... then what caused his incarceration.

[seeker]

okay,



walking with an acquaintance home from a bar, walks to the house the guy is supposedly staying at for the night;guy opens the door and no one is home he's mad; decides to take the tv. My son tells him bad idea, and watches as he tries to carry the tv out -- after he drops it a couple times, my son helps him pick it up, trying to convince him that this is dumb and to take it back inside. Neighbor looks out and see two guys carrying a tv and calls the cops. Other guy takes off and son doesn't thing just letting the tv drop is good idea. (this gets fuzzy as I have not been allowed to speak with him freely) somhow he ends up in his girlfriend's backyard and is jump by some kids (3-5) and one swings a baseball bat at him which catches him in the face. He screams, they scatter -- he goes into his girlfriend's apt and changes shirts and attempts to walk to a buddy's house to take him to the ER. (again, not sure what happened next -- didn't get to buddy's house) Ends up with the cops taking him to the ER and heavy damage to face -- CAT Scans, heavy drugs, spe******ts. Meanwhile cops enters the girlfirend's apt, (without her permission) find the shirt and take it to the witness asking is this the shirt you saw? (lame?). He is released to cops from the ER (no idea where any of his papers from the ER are at -- not in his possession) and taken to copshop where they keep him and badger him to make a statement. Obviously his judgment is impaired, but they keep at him. He tells them the above, and they charge him with residential burglary. Only Tv and VCR out of house, not off of the property. PD tells him b/c it is a felony he MUSt have an attorney -- PD apt and doesn't talk with him that he remembers. Appears before the judge that AM (probably not much sleep the b/c he's in immense pain and they give him two aspirin two times a day. Judge sents bond at 100G -- guy right before him has same charge and a 2500, bond ????

So, a writ of habeas corpus -- but I don't know much about them -- am reasearching this. Kgodd tells me to use Supreme Court law -- and file the writ -- how? With what other info?

Please help I amd complete overwelmed and out of my element here!



Seeker

just file a common law writ of habeas corpus and explain the essence of a crime ( real damaged party), lack of state enacting clauses,etc. get a copy of the district attorney and judge's oath of office and submit with the writ. the writ will be a different case number because you as his mother are starting your own case.

[Ice]

By assisting his "buddy" pick up the T.V. he committed a Trespass. The bond is out of line for sure.



The next time a buddy of his wants to do something stupid... tell him to walk away... FAST. Maybe he should find a buddy that won't get him involved in really stupid stuff.



There may be info in the downloads section regarding writs of H C.

[seeker]

Ice;



You sound like me. I keep telling him -- soon it will sink in. Hopefully without any further damage. Haven't found anything in the downloads.

kgod -- thanks -- I am still confused by this process -- is a common law writ different?

Seeker

[seeker]

Have finally talked with my son -- he actually took the tv back to the house after the other guy ran off. Said he was "trying to do the right thing."

Also, and the cops have not cooperated at all on this, he says the supposed witness is a a common acquaintance with one of his friends and that he had stopped and spoken with him that AM -- before being assaulted. Said he was NOT going to call cops. Not exactly sure what happened or by whom -- no police report -- and they won't release one. They want him in court on Thursday.

Did speak with the "victim" and it sounds like she is being used as much as my son. She is thinking that she would like to drop the complaint. How would she go about this? I am furious that they are denying him medical care. No eyedrops prescribed by the doc, occasional ice packs for his face (which is fractured in four places in the occipital bone) and they are no longer dispensing aspirin for pain. His papers say he is entitiled to medical, dental and legal -- as a prisoner. The gestapo tactics are unreal! Something needs be done about these people!



I have drilled my son about answer no to each query or saying I do not have enough information to formulate and answer to that query at this time. Repeatedly. To claim his sovereign right as a free man upon the land being unjustly detained. To demand the right to face his flesh and blood accuser.

What else can you offer? I appreciate your feedback!



Seeker

[Ice]

If the "accuser" is reluctant to press charges she should produce an Affidavit testifying to your sons innocence in regards to this matter... she can state that it is more than likely that he had "assisted" her in the return of her property and that she does not wish for a "miscarriage of justice" to take place with charges lodged against him.



If she is willing to do that your son should escape those specific charges. If there are any other charges against him or that could be brought against him -- well, they will probably attempt to bring them.



Her Affidavit must be simple and to the point... not too lengthy. Submit the affidavit directly into the case file as evidence and take a copy directly to the judge and prosecuting attorney.



And tell your son to remain silent for the time being (I cannot answer that question without assistance of counsel and I am without assistance of counsel).

[seeker]

Ice;



That sounds fantastic!! Thanks so much for your input.

I will be speaking to her today and will request such a doc. I may go ahead and prepare it for her to look over. I may have to find an after hours notary.



Thanks so much. I have tried to impress upon him that remaining "dumb" is the best course of action right now. Rather than remain mute (acquesience and all that) to just say he does not understand -- the head injury should be enough validation for that remark overall. Do you think I should pursue a Power of Attorney?



Thanks.



Seeker

Seeker:



Waynealan42@hotmail.com would like to chat with you via... personal email.