Legal research help needed - civil rights violations

amother

Forestgreen

Mon, Sep 18 2017, 7:21 pm

I've contacted several attorneys, they say that though I have a claim the amount of money is not worth their time. I get it. It is worth my time so I'd like to proceed on my own, pro per.

I'm alleging violations of 8th and 4th and 14th amendment rights.

I'm alleging that a law was broken. There is a law that requires there to be "probable cause" in order for an arrest warrant to be issued. I'm alleging there was no probable cause for either of the two warrants issued. Hopefully, in discovery phase I can have a chance to review the defendant's file and prove that to their knowledge there was no probable cause.

I'm also alleging that the defendant committed fraud on the court. They obtained the warrants by fraudulently stating something they knew to be untrue. The discovery process will reveal they made false claims to the court in order to obtain each of the two warrants.

Where can I research the law on warrants and probable cause? I'd rather not do the research cuz my brain is fried. Is there a place where I can find the results of such a research?

I'm in NYC, in the East Village. I'm willing to pay for the right info.

Thanks!

doctorima

Mon, Sep 18 2017, 7:56 pm

Is there a Legal Aid society or some other organization that can provide you with pro bono representation, or at least a free consultation to get you the information and case law you need?

MagentaYenta

Mon, Sep 18 2017, 8:36 pm

The last time you posted I explained a bit of criminal procedure to you. Before you can file against the other party you need to be done with the criminal charges against you. This can be done by the charges being dismissed or going to trial. As part of the criminal trial process a defense atny would normally file a motion to set aside or throw out the warrant. It's SOP.

Since you are intent on doing this yourself and you have access to a computer, start doing your homework online and learning a bit about federal criminal procedure. When you file your motion to dismiss you will need to cite prior criminal law cases that support your claim. I hope you have time to do all of this with the holidays upon us.

Good luck.

amother

Forestgreen

Mon, Sep 18 2017, 8:51 pm

MagentaYenta wrote:

I'm confused, and overwhelmed, by your comments. Maybe because they appear to me to be nonresponsive to my specific questions. It's ok. No worries.

amother

Forestgreen

Mon, Sep 18 2017, 8:54 pm

doctorima wrote:

Is there a Legal Aid society or some other organization that can provide you with pro bono representation, or at least a free consultation to get you the information and case law you need?

There is no pro bono rep for this kind of case. I've inquired. Legal Aid Society, by policy, does not accept these kinds of cases.

amother

Rose

Mon, Sep 18 2017, 8:57 pm

Just a few thoughts:

It sounds more like the 4th, 5th, and 14th amendments you would claim under, not the 8th. Unfortunately police and prosecutors are known to exaggerate at times and to be careless at others. Reading about it online may help guide you through it. Also, know that 80 Centre Street has a public law library you can use.

amother

Babypink

Mon, Sep 18 2017, 8:59 pm

amother wrote:

I'm confused, and overwhelmed, by your comments. Maybe because they appear to me to be nonresponsive to my specific questions. It's ok. No worries.

That's because you are basically trying to get free legal advice here. Ain't gonna happen. Sorry for your situation. Sometimes the world is just not fair.

Miri7

Mon, Sep 18 2017, 9:03 pm

From your post, it sounds as though you are discussing a criminal and a civil proceeding. While proceedings can be related to one another, it's important to differentiate between the two. In any event, it sounds complicated.

You need an attorney to advise you. Rather than do legal research yourself, I'd spend my time contacting legal aid organizations for help.

If you want to explore legal research yourself, most large cities have law libraries that are open to the public, where you can access law journals. There will be numerous articles on probable cause and warrants. However, I do caution you that there is a lot of material and wading through it all to find what you need (based on your jurisdiction and fact pattern) is a daunting task for the uninitiated. You also need to learn the proper procedure given your venue.

Again, I want to emphasize that civil and criminal are different and shouldn't be conflated - it sounds to me as though you're facing charges but were also seeking attorneys to take on a civil matter.

I HIGHLY recommend getting experienced legal counsel.

amother

Forestgreen

Mon, Sep 18 2017, 9:05 pm

amother wrote:

That's because you are basically trying to get free legal advice here. Ain't gonna happen. Sorry for your situation. Sometimes the world is just not fair.

If you read my post again you'll see that I'm not seeking free legal advice. It's ok.

MagentaYenta

Mon, Sep 18 2017, 9:06 pm

amother wrote:

I'm confused, and overwhelmed, by your comments. Maybe because they appear to me to be nonresponsive to my specific questions. It's ok. No worries.

Well they are reality based. You want to ignore federal procedure and move forward in a manner that is acceptable to you, but the reality is you cannot. I see that someone gave you the location of a law library and that is a basic start. I'm guessing you'll need some help in learning how a law library works, that is information you can Google from home.

Once again, I wish you luck, but I have a feeling that you are pretty much clueless about what it takes to represent oneself in Federal Court.

amother

Forestgreen

Mon, Sep 18 2017, 9:13 pm

Miri7 wrote:

it sounds to me as though you're facing charges but were also seeking attorneys to take on a civil matter. .

Not at all. A frivolous case was brought against me and was ultimately dismissed when the right lawyer stepped in. It was a paid lawyer.

I'm now suing them.

amother

Babypink

Mon, Sep 18 2017, 9:15 pm

amother wrote:

If you read my post again you'll see that I'm not seeking free legal advice. It's ok.

Fair enough my bad I see you say you are willing to pay.
.
But I think you can't just pay for the info, you have to pay a lawyer. If they won't take the case then it's probably not worth it. The law isn't always moral or fair.

33055

Mon, Sep 18 2017, 9:33 pm

amother wrote:

Not at all. A frivolous case was brought against me and was ultimately dismissed when the right lawyer stepped in. It was a paid lawyer.

I'm now suing them.

I don't see you are confused between your two cases.

Do you have a legal background at all?

State courts have a legal attorney on staff to advise pro se litagents. My county is covered by the attorney in the next county. I assume the NYC has someone in a similar position as this is in the court's interest to do so.

amother

Forestgreen

Mon, Sep 18 2017, 9:40 pm

Squishy wrote:

I'm not confused by my cases, I was confused by Magenta's response. It flew over my head....

I do not have legal background but I have a fierce desire to ATTEMPT to right a wrong.

I'm filing in the district court. There is no attorney on staff to advise me. I've asked a few times. It doesn't help that there's a new hire at the pro se window who is clueless...
I've inquired prior to the new hire as well...

amother

Forestgreen

Mon, Sep 18 2017, 9:45 pm

amother wrote:

True- it isn't worth it for them. After splitting any settlement bet. myself and the lawyer, meh...
I get it.

The pro se window agent informed me that I may be able to get a pro bono lawyer once my case is accepted. So I need to file my complaint, the county will probably move to dismiss it, at which point the court will possibly grant me a lawyer (upon request).

33055

Mon, Sep 18 2017, 9:51 pm

amother wrote:

Is there a public library near you that can give you access to legal data bases for free? There is only one public library near me that does this. Try to get access to those computers.

amother

Forestgreen

Mon, Sep 18 2017, 10:09 pm

Squishy wrote:

Is there a public library near you that can give you access to legal data bases for free? There is only one public library near me that does this. Try to get access to those computers.

Unthread a poster mentioned one at 80 Centre Street. I will follow up on this lead.