why can city attorney violate all my rights when prosecute her

Can prosecutors be held responsible for ethical and legal violations?

Dec 22, 2015 · Criminal Defense Attorney in San Diego, CA. Reveal number. tel: (619) 233-5129. Private message. Call. Message. Posted on Dec 22, 2015. If there was a recording, and the recording is exculpatory (would show your innocence), and the prosecutor has it, the prosecutor must turn it over to you and your attorney.

Are your civil rights being violated?

Holding Prosecutors Accountable For Misconduct and Wrongful Convictions. While there are ways of holding police accountable for misconduct and civil and constitutional violations, it has historically been difficult to do the same when it comes to prosecutorial misconduct, even when that misconduct leads to wrongful conviction, as described in a recent New York Times article.

How can a civil rights attorney help me?

If your civil rights have been violated, you need the best civil rights lawyers fighting for you. The attorneys at Robins Kaplan have a long history of achieving favorable results for victims and their families. Our civil rights team has changed the legal landscape by obtaining record setting settlements for civil rights violations.

Can victims of prosecutorial misconduct sue cities and counties?

part of the attorney and his or her law firm can give rise to illegal and/or unethical action. Conflicts of interest is an area full of land mines for municipal attorneys. Identifying the client of the government lawyer, client loyalty, duty of confidentiality, and dual office holding within the municipality are some

What constitutes a violation of civil rights?

A civil rights violation is any offense that occurs as a result or threat of force against a victim by the offender on the basis of being a member of a protected category. For example, a victim who is assaulted due to their race or sexual orientation. Violations can include injuries or even death.Jun 11, 2020

What can you do if a government violates your personal rights?

If you believe that a protected right was violated, you likely have a number of options available to you including: resolving the matter through informal negotiations, filing a claim with the government, and filing a private lawsuit in civil court.Nov 18, 2019

What are some examples of civil rights violations?

Choose from this list to see example civil rights violations:Workplace discrimination or other employment-related problem.Housing discrimination or harassment.Discrimination at a school, educational program or service, or related to receiving education.Mistreated by police, correctional staff, or inmates.More items...

What happens if your constitutional rights are violated?

When your constitutional rights are breached during the criminal justice process, and the breach contributes to a guilty conviction, you can pursue an appeal based on an error in the criminal procedure or jury misconduct, or file a motion for a new trial.

When can your constitutional rights be taken away?

Each state's constitution also outlines rights for its citizens. If a state constitutional right conflicts with a U.S. Constitutional right, the U.S. right prevails. The state constitutions can add rights, but they can't take away any U.S. Constitutional rights.

What are the 5 civil rights?

Examples of civil rights include the right to vote, the right to a fair trial, the right to government services, the right to a public education, and the right to use public facilities.Mar 8, 2022

What are the 10 civil rights?

Civil LibertiesFreedom of speech.Freedom of the press.Freedom of religion.Freedom to vote.Freedom against unwarranted searches of your home or property.Freedom to have a fair court trial.Freedom to remain silent in a police interrogation.

What is deprivation of rights?

Deprivation of rights under color of law is a federal criminal charge that is sometimes used against the police and other law enforcement officers when they allegedly use their power to violate another person's rights under the United States Constitution.

What are the most typical civil rights violations?

The most common complaint involves allegations of color of law violations. Another common complaint involves racial violence, such as physical assaults, homicides, verbal or written threats, or desecration of property.

What are some modern examples of how the rights of the Constitution are violated?

5 Ways Your Constitutional Rights Are Being ViolatedGovernment Intimidation of the Press. ... NSA Spying. ... No-Fly Lists. ... Absurd Drug Sentencing Laws. ... Debtors Prisons.Apr 7, 2013

What are some modern day examples of how the Bill of Rights are violated?

The following are all examples of civil rights violations:Sex and gender discrimination in education.Housing discrimination based on race or national origin.Workplace sexual harassment.Denial of notice or an opportunity to be heard before having property taken away.

Is violating the Constitution treason?

Treason is a unique offense in our constitutional order—the only crime expressly defined by the Constitution, and applying only to Americans who have betrayed the allegiance they are presumed to owe the United States.

How many wrongful lawsuits have been settled in New York?

Just within the last 10 years, approximately six wrongful lawsuits against the state of New York, for example, have been settled by New York City. And in Brooklyn alone, New York City and the state of New York have already paid more than $40 million to settle lawsuits involving retire detective Louis Scarcella.

Can a district attorney be sued?

Not only are attorneys who work in the district attorney’s office immune from being sued for their mistakes, anyone wrongfully convicted is also prohibited from suing the state unless they can conclusively prove that they are innocent (i. e. it is not enough to have been the vitim of an unfair trial).

Is there accountability for prosecutorial misconduct?

Accountability for Prosecutorial Misconduct. This recent decision is of significant concern, as it could not only make it impossible to hold prosecutors responsible for legal or ethical violations, it could also bar those victims of these mistakes from seeking any financial redress.

Can police be held accountable for misconduct?

While there are ways of holding police accountable for misconduct and civil and constitutional violations, it has historically been difficult to do the same when it comes to prosecutorial misconduct, even when that misconduct leads to wrongful conviction, as described in a recent New York Times article.

What to do if your civil rights are violated?

If your civil rights have been violated, you need the best civil rights lawyers fighting for you. The attorneys at Robins Kaplan have a long history of achieving favorable results for victims and their families.

What is malicious prosecution?

Malicious Prosecution. When an officer wrongly deprives an individual of their 14th Amendment right to liberty, it is considered malicious prosecution. In this type of situation, the officer has no probable cause to go after the victim, but continues criminal proceedings anyway. Excessive/Unreasonable Force.

What is false imprisonment?

False Imprisonment. Any time an individual is unlawfully confined by police, it is considered false imprisonment. This can occur in the back of a police car, in a jail cell, or even in an individuals’ own home. If you have been unlawfully and falsely imprisoned, you have the right to counsel. Malicious Prosecution.

What is a false arrest?

False Arrest. Police officers must have a warrant or at the very minimum, probable cause for arrest. The probable cause must include the belief that the individual in question has committed a crime. False arrest occurs when procedures such as probable cause are not followed properly. False Imprisonment.

Is there a fine line between excessive force and reasonable force?

There is a fine line, however, between reasonable force and excessive force. In all situations, the absolute minimum amount of force should be used to subdue a suspect. Failure to Intervene. Police officers are responsible for protecting citizens from constitutional violations.

When a judge acts intentionally and knowingly to deprive a person of his constitutional rights, does he

When a judge acts intentionally and knowingly to deprive a person of his constitutional rights he exercises no discretion or individual judgment; he acts no longer as a judge, but as a " minister" of his own prejudices. [386 U.S. 547, 568].

What is fraud upon the court?

Fraud Upon the Court is where the Judge (who is NOT the "Court") does NOT support or uphold the Judicial Machinery of the Court. The Court is an unbiased, but methodical "creature" which is governed by the Rule of Law... that is, the Rules of Civil Procedure, the Rules of Criminal Procedure and the Rules of Evidence, all which is overseen by Constitutional law. The Court can ONLY be effective, fair and "just" if it is allowed to function as the laws proscribe. The sad fact is that in MOST Courts across the country, from Federal Courts down to local District courts, have judges who are violating their oath of office and are NOT properly following these rules, (as most attorney's do NOT as well, and are usually grossly ignorant of the rules and both judges and attorneys are playing a revised legal game with their own created rules) and THIS is a Fraud upon the Court, immediately removing jurisdiction from that Court, and vitiates (makes ineffective - invalidates) every decision from that point on. Any judge who does such a thing is under mandatory, non-discretionary duty to recuse himself or herself from the case, and this rarely happens unless someone can force them to do so with the evidence of violations of procedure and threat of losing half their pensions for life which is what can take place. In any case, it is illegal, and EVERY case which has had fraud involved can be re-opened AT ANY TIME, because there is no statutes of limitations on fraud.

What is the difference between a state judge and a federal judge?

A judge is an officer of the court, as well as are all attorneys. A state judge is a state judicial officer, paid by the State to act impartially and lawfully. A federal judge is a federal judicial officer, paid by the federal government to act impartially and lawfully. State and federal attorneys fall into the same general category and must meet the same requirements. A judge is not the court. People v. Zajic, 88 Ill.App.3d 477, 410 N.E.2d 626 (1980).

How long is a person sentenced to death?

Punishment varies from a fine or imprisonment of up to ten years , or both; and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years, or for life.

Do judges have discretion to disqualify themselves?

Balistrieri, at 1202. Judges do not have discretion not to disqualify themselves. By law, they are bound to follow the law. Should a judge not disqualify himself as required by law, then the judge has given another example of his "appearance of partiality" which, possibly, further disqualifies the judge.

Is malice incompatible with the judicial function?

The presence of malice and the intention to deprive a person of his civil rights is wholly incompatible with the judicial function. When the state is one of the perpetrators and violators, there can be no expectation of just, indeed any, relief from it.

Is it a crime to act under color of law?

This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S. This law further prohibits a person acting under color of law, statute, ...

What is a civil rights attorney?

The civil rights attorney you choose as your legal advocate will be knowledgeable in this type of law. They will evaluate all details of your case to show how your civil rights were violated and apply the law effectively to help you obtain the justice you deserve.

What are some examples of civil rights violations?

Some examples of civil rights violations include: Unreasonable searches and seizures. Cruel and unusual punishment. Losing a job or being passed over for a promotion due to discrimination. Abuse by a public official. Any discrimination based on a superficial quality or belief.

What is the right to petition the government?

The right to petition the government. The right to procedural due process. Freedom from discrimination for protected classes (sex, race, and national origin) Unfortunately, some people are mistreated based on characteristics such as race, gender, religion, or disability.

Why do some government officials abuse their power?

Unfortunately, some large companies or government officials abuse their power because they believe they are immune to the law. If your own civil rights were violated, you should know how to go about seeking justice and compensation for what you have been put through.

How long does it take to file a civil rights complaint?

This must be done within 180 days of ...

What happens if someone wrongfully sues you?

If someone has wrongfully sued you or prosecuted you for a crime, you may have a valid malicious prosecution or abuse of process claim.

What happens if a defendant has no reasonable grounds?

This means that the plaintiff in a malicious prosecution action does not necessarily need to prove that the defendant had an improper purpose . However, if the defendant can prove that he or she had a proper purpose, the plaintiff will not win.

What is malicious prosecution?

Malicious prosecution and abuse of process are related types of civil lawsuits where one person (the plaintiff) sues another person (the defendant) for, in a prior case, trying to use the legal system against the plaintiff in an inappropriate manner. The prior case can be either criminal or civil in nature. This article discusses the elements of ...

What is a civil proceeding?

A civil proceeding is typically where the plaintiff is not a governmental entity —although the defendant might be—and the plaintiff is suing for money damages or an injunction.

Can a plaintiff sue for abuse of process?

A plaintiff can sue for abuse of process when a defendant starts legal proceedings with the intention of obtaining results for which the process was not designed. A plaintiff can sue for malicious prosecution when a defendant "maliciously" prosecutes a criminal case or uses a civil proceeding against the plaintiff when the defendant knows he ...

Can you sue someone for malicious prosecution?

In other words, if a person was convicted of criminal charges or had to pay damages in a civil lawsuit, he or she probably cannot sue for malicious prosecution based on that criminal or civil legal action.

Is a legal process a lawsuit?

A "legal process" can be any part of a lawsuit, not simply the entire lawsuit. For example, a defendant's personal injury lawsuit might have been legitimate, but the use of a particular deposition or other smaller, discrete aspect of the lawsuit may not have been. Even though the lawsuit was valid, the plaintiff can still sue for abuse ...

What does the judge say about CPS worker sightings?

The judge typically sides with the CPS worker sighting things such as "they are mandated by the state to tell the truth, so they must be telling the truth.". Boom - the judge orders the child into foster care where it is virtually impossible for the parent to get their child back into their own home.

What is the right to be secure?

The Right to be Secure. Under the Constitution of the United States of America all Americans have the right to be secure in their persons, houses, papers, and effects against unreasonable search and seizure.

What happens when a CPS agent removes a child from his/her home?

However, parental rights are terminated when the CPS agent removes their child from his/her home. The Parents are then denied the right to be present at interviews and examinations and in many cases are not allowed to speak with their children.

Why is CPS stealing children?

CPS is able to steal children simply because American's, for the most part do not understand their rights.

What is the right of parents to be free from threats?

Parents are subjected to threats, duress, and coercion by CPS Workers when they are told they will never see their children unless they confess.

Which amendment protects the right of parents to make decisions concerning the care, custody, and control of their children?

The Due Process Clause of the Fourteenth A mendment protects the fundamental right of parents to make decisions concerning the care, custody, and control of their children,including medical treatment decisions. However, parental rights are terminated when the CPS agent removes their child from his/her home.

Do CPS workers have to have an attorney present during a private interview?

Likewise, it is total disregard to the child's right to have a parent or an attorney present during questioning. CPS Workers do this "private interview" kind of questioning in order to put down on paper, things the child never said. Reasons to tell the judge the children should be taken.