Shoplifting, Larceny, Robbery, Theft I was jailed, convicted of felony theft because I stopped payment on an overpayment

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kayconner

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I am a hurricane victim. i stopped payment on a check of which i overpaid $4,165 to this contractor. my credit union didn't do a complete stop payment. These crooks mananged to turn the check into an electonic item( they committed fraud) and it cleared. i complained to my Credit Union about this. They had me come in an fill out an affadavit of forgery to replace the money in my account. This turned out to be the wrong form. their fault which they amitted, and apoligized for this , however it can't help me now. They should have stopped that check. my life is ruin, I can't get a job, vote, run for office, own a weapon, etc. Dirty politics, The D A didn't even investigate to find out whether these people were telling the truth, just sent a policeman out in Dec. 21, 2008 nand arrested me. I was placed on a 15,000 bond and when I went to my preliminary hearing which never happpened the judge said no probable cause and release the bond obligation, but when they found out I had reported them this turned into a trial of which should have never been in a criminal court because it is a civil matter, even the arresting officer said so. Dirty politics. the state capitalized on that, sayin I deliberately wrote the check saying I said they forged my name for me to to get my money back which is absolutely false, prior to this document bing filed, i filed a stop payment that clearly stated because i overpaid the person. But this contractor used this document to have me prosecuted. The overpayment document was deliberately supresssed at my trial the jury was already preset for me because i had written the D A and the judge up for falsely arresting me and violating my and 6th,4th,1st, 8th,4th amendment rights. The contractors werent licensed and from Mississippi. never finished my home, used old material from my house and didn't supply half the material in their contract. Prior to this I had no criminal history, not even a traffic ticket, I was convicted by a preset jury remanded back to jail on a $25,000 bond, My lawyer supressed evidence, didn't sobpoenae witness at the last minute a set up. Now I have been sentencted to 3 years hard labor,suspended to 3 years probabtion, $10,276.46 restitution for $7.574 check which I severly overpaid. 45 days of community service, $1,200 court fees. Everyone has told me it's the credit unions falult and they should have straighten this out and i should sue them, my life is ruined i can't get a job. i am going to have to appeal pauperis myself i was told today that the judge might not let me appeal. How can that be in America? This is not all of this story but as much as I can post now without breaking down.
 
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You need an attorney.

Your situation is far too complex (if it's true) for a message board.

I believe there is FAR more to this story.
 
It' true! I have had 2 attorneys so far on this case,$3,500. These attorneys take your money and do nothing. They are intimidated by this court, and are basically looking for their own interest, if they have another case in this parish before this court. Bottom line. if a non profit organization don't get involved, and it is too costly to get an attorney from another parish or state that is not in the mix. you just as well precede on your on. Most of these courts in rural Louisiana do as they want,nobody regulates them. And there is nobody to complain to. And believe me I have contacted a lot of them.
 
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Let me take a look at this logically.
The 1st amendment addresses "freedom of speech", "peaceful assemblies", and "religion".
The 8th amendment addresses "cruel and unusual punishment".
The 6th amendment addresses "right to counsel". "speedy trial", "public trial", "impartial jury", "local trial", "be informed of the charges against you", "court appointed counsel, if you can't afford one".
The 5th amendment addresses "indictments", "double jeopardy", "self-incrimination prohibited", "due process".
The 4th amendment addresses "illegal searches".

I don't see where any of those rights were violated in your explanation.
However, you can always assert your right to appellate relief.
If you exhaust appellate relief, you can always bring a state habeas corpus, followed by a federal habeas corpus action.
Habeas is called the "Great Writ".
It will always be heard when it is brought.
No one can stop you from bringing the "Great Writ".
Get this, not even in Louisiana.
 
Let me take a look at this logically.
The 1st amendment addresses "freedom of speech", "peaceful assemblies", and "religion".
The 8th amendment addresses "cruel and unusual punishment".
The 6th amendment addresses "right to counsel". "speedy trial", "public trial", "impartial jury", "local trial", "be informed of the charges against you", "court appointed counsel, if you can't afford one".
The 5th amendment addresses "indictments", "double jeopardy", "self-incrimination prohibited", "due process".
The 4th amendment addresses "illegal searches".

I don't see where any of those rights were violated in your explanation.
However, you can always assert your right to appellate relief.
If you exhaust appellate relief, you can always bring a state habeas corpus, followed by a federal habeas corpus action.
Habeas is called the "Great Writ".
It will always be heard when it is brought.
No one can stop you from bringing the "Great Writ".
Get this, not even in Louisiana.


Now that was funny! :D
 
I was arrested 12-21-2008, arraigned 2-17-2009, went for my preliminary exam, which the judge wouldn't allow my lawyer to present the evidence, and he did nothing. I suspect covering for the D A, who didn't bother to contact me, or investigate to see if this was a valid complaint. I thought that is what the D A 's office is suppose to do. Anyway I went for my prelim. 4-21-09. The Judge wouldn't allow evidence to be presented, my lawyer did nothing. The judge rule no probable cause and released my 15,000 bond obligation. My lawyer said it was going to be dismissed, the next thing I know I'm going to trial and convicted of felony theft, placed on a bond for $25,000. My lawyer really sold me out.
 
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