I was not able to bond out because a court clerk error for 7 months of wrongful incarceration. During this time, my public defender never talk to me or visit me at the jail. Seven months later I subpoena the jail Warden who testify on court and admitted there were a issue with my bond and Blaine the clerk. A few days later I was called to go court when for the first time my court appoint lawyer ask me to sign a plea bargain with exchange of my freedom. I broke my hand when I slip and fail on the shower because I piece of broom was left behind. I was on extreme pain, afraid for my life, afraid of a corrupted judicial system who ignored or disregards my allegations of been innocent from the charges. Depressed, my family was suffering financially and emotional unable to help me. I sign the paper work and give me 5 years probation and restitution of $ 32,000.00. Can I sue the government and get my case droop base on Constitutional rights violation?

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Originally Posted by direacsa

Can I sue the government and get my case droop base on Constitutional rights violation?

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Hello d:

If you didn't admit guilt you could, but you did.

excon

Thank you for your answer, but that is something I have hard time to understand. If the law officials broke the law or make a "Human error like they stated" against any one. Who is liability for braking the law "Me or They". I don't know if is too much TV but I believe that if they brake the law, nothing - absolute nothing can count against the individual. They didn't allowed me to Bond out. Period - case need's to be dismiss and law sue should be file for pain ans suffering and the whole nine yard. Do I am mistaking? If I get arrested for something I didn't do and they put me again to the same panic and pain and one day they offer me a piece of paper to sign and get release and be able to fight from the outside, I have no doubt I would do it again and 100 times. Don't you agree?

Yes, first what type of error caused you not to get bail ? Why after two weeks did you not petition for a hearing?

But sorry when you admitted guilt, then there is no wrongful imprisonment.

The Jail Warden after I subpoena him (7 months later), stated on court there was a Clerk Court - No further question was ask from the public defender who I truly believe was in Cajun with Jail officials. I did send all kind of letter, affidavit, habeas, to every one. Judge, Sheriff, Public Defender. No one ever answer - I keep copy of everything.

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Originally Posted by direacsa

and one day they offer me a piece of paper to sign and get release and be able to fight from the outside, I have no doubt I would do it again and 100 times. Don't you agree??

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Hello again, d:

I do agree. But, you SHOULDN'T have signed it, and because you DID, you wound up WAIVING your rights.. When the clerk made the mistake, you did NOTHING, and wound up waiving your rights. I don't know WHY you didn't press your lawyer, but you didn't, and by NOT doing so, you waived your rights.

Yes, your lawyer should have been better.. But, you should have said something, instead of just sitting in jail.

excon

I agree with you about my Right's. I knew it - But when you deal with a corrupted judicial system who do nothing but ignored or disregards your allegations, what you can do? I was called to talk with the Warden 7 times to his office. He course me to droop a Federal Law sue I threat to file under 1983 section. There were witness he got very upset and slam his desk and ask every one to step out his office if they didn't want to be on that mess. I fired my Public Defender but that petition was never answer from the court until the day I threat every one to sue them. Preliminary hearing was not done. Miranda was not done. Phone call was not allowed because they said the Parish couldn't pay for a long distance call (my wife live in TX - I was arrested in Louisiana). They put me in the hold for 7 days with out a hearing because I was racing up the issue of my unlawful incarceration. Broke my hand in the shower because a piece of broom left behind. Medical attention was denied

Hello again, d:

People (judges, lawyers, prosecutors) are sympathetic toward an innocent person having gone through what you did, but NOT a guilty one. Your GUILTY plea ruins everything.. If you only had NOT done that, you might have had some recourse...

Nonetheless, I'd visit an attorney and run it by him. You can't do ANYTHING without an attorney (as you found out).

excon

Seven months? Don't they have a right to speedy trial in Louisiana?

As far as bail is concerned, the feds routinely deny bail to those charged with entire categories of crimes. So it appears that a constitutional right to bail is a dead letter with the courts.

As far as the fact that OP admitted guilt and accepted a plea is concerned, he would have to first get that set aside, arguing duress, it seems to me.

And so Louisiana can't afford long distance phone calls, huh? It's amazing that anybody is foolish enough to pay long distance charges anymore. And even so, it seems like they could have made a collect call. Idiots!

Yes, They do have "Supposedly: Speedy Trial in Louisiana but it seems to me not on my case. Because the lack of contact with the Public Defender I file my own Speedy trial but ignored. As far the bail, I understand what you said however the bail was set since day one of my arrest but Jail officials blaime the court clerk with the Human Error excuse.