Can they have a trial behind your back

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Metal_Man
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02 Apr 2010, 10:56 pm

There can be no criminal trial conducted behind your back and without an attorney representing you. That is a violation of the US Constitution. Even the most conservative Supreme Court would never allow someone to be convicted in a criminal trial that violated the most basic tenants of the Constitution. Criminal sexual conduct charges also have a statute of limitations. If the crime was something you did in your teens there is a good chance that enough time has passed where you cannot be tried for any crime.


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Deinonychus
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02 Apr 2010, 11:45 pm

trial absentia it is called and they can under cercomstaces of you knowing that you have a trial and dont show up. or if you go to the precedings and leave. they can continue the trial. I havent been informed of the trial exept after the fact. I wasnt given an opertunity to waive my rights to being present at my trial because I was never informed. They still say that I have been convicted of somthing. I heard not only at work but at home that they are finished hearing my case and that means the trial is over. I dont know how it is that they waived my rights to be at my trial.



Metal_Man
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03 Apr 2010, 12:21 am

Yes you can be tried in absentia but only after they have made every possible attempt to find you. That usually only happens when someone has fled to a non-extradition country and in that case they have no legal means to bring you back to the US. It doesn't sound like you would be that hard for them to find. How long ago were the crimes committed? If it was 10 or more years ago then the statute of limitations would most likely apply unless the crime was 1st degree murder.


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Deinonychus
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03 Apr 2010, 12:39 am

I think they tried me over sexabuse charges seeing that is what I have heard them say. the statute of limitations persists for until any underage person is 24. I dont how hard it is to contact me. there where no phone messages. there where no letters in my mail. there was noone dinging on my doorbell. how could they have a trial without even contacting me.



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Deinonychus
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03 Apr 2010, 12:46 am

listen I just want to make this clear I was a stupid teen that made mistakes I didnt think I was doing anything wrong at the time. Now I am getting rosted by the state and I cant nomatter how hard I typed for people tapping my computer to listen get anybody to talk to me so how is it they cant contact me whene I am begging them too. Ive been begging them to talk to me and they havent not once contacted me. not once. I made mistakes yes but not fourty years worth of mistakes. I dont understand this. it makes me upset. I want things to be allright but I cant get them to talk to me.



Claradoon
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03 Apr 2010, 12:59 am

Hi again - sorry I fell asleep from my painkillers. I forgot to write them down and I get them mixed up if I don't. The painkiller is every 4 hours and the penicillin is tied to meal times.

Anyway, HelloMed, that set me thinking of you - could you gather up all your meds and write down when you're supposed to take them, and tick them off when you take them?

Celexa and Risperdal sound okay but I'm not sure if they'll help you out of this misery.

As for whether that man is really there, I have to go back to my cousin, who always saw a man who wanted to kill her. It was my very wise Mom who said to her, "Do you know that I can't see him?" And cuz said Yes. And that opened the way for us to to get real with it. Mom told if there was anything we could do, we would - and cuz said we could shut all the blinds so we did. But we could do these things with respect because we understood each other. I was horrified when Cuz said the man was about 4 feet away, in Mom's house.

The thing is, it didn't matter at all whether *we* could see him. We accepted that Cuz could see him and hear him. Then we could talk to each other in practical terms.

Suppose you're sitting with somebody and another person comes in and says, "I don't see him." So what? You see him, you hear him - who is to say which one is wrong? Or if you believe a situation that others don't - it won't do any good to say that it can't be true because it's not true in *my* world. You saw A Beautiful Mind? Like that.

And ultimately there was only one thing that could help my Cuz, and that was her meds. But it doesn't help to take one or two - when my brother drove her home he helped her gather the bottles. Later she phoned Mom and together they figured it out.

HelloMed, do you have a pill box?

(((((((((((((((((((((HelloMed)))))))))))))))))))))



Metal_Man
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03 Apr 2010, 12:59 am

If you are now 29 and were a teen when the crimes were committed then it is most likely the statute of limitations has run out and there is nothing they can do to you now. If a bench warrant was issued for your arrest and you failed to show up for trial then the police would have come to your door and hauled you off to jail to stand trial. If you have been convicted of a crime then you also have the right to appeal. If this trial has indeed happened as you say there is no way that any appeals court is going to allow your conviction to stand. Anyone with even a minimal knowledge of the law can see that is is clear violation of the Constitution.


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pumibel
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03 Apr 2010, 3:07 am

HelloMed- Metal_Man is absolutely right. Now that you know that no one can be coming after you, do you think it may be posiible that you are experiencing hallucinations? They will seem very real, but they are not real. The people saying these things to you are not there. Will you please trust your family to take you to get proper care?You wont be harmed, you will get therapy and the right medicine to make these awful things go away. I can t imagine what it would be like to go through this, but I know it must be terrifying.



JoelsufBass
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03 Apr 2010, 8:12 am

Hi HelloMed.
May i start by pointing out, you said it yourself and we all agree, it is not possible for them to have a trial behind your back and there is no way you would be sentenced to 40 years. Period.
You say that you're in contact with your mother, perhaps you could show her this thread and she will then talk to you? Maybe print out a copy and sit down with her and a nice hot cup of tea and talk about it. It may also be prudent to take it with you next time you see your psychologist/psychiatrist
We all care for you and your situation, please keep us posted on how you are going



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Deinonychus
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03 Apr 2010, 4:26 pm

but what if they think they did somthing sufficient to contact me and I didnt get it? what if that is the case. then they think that they correctly had my trial behind my back



Claradoon
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03 Apr 2010, 4:56 pm

Would you tell me whereabouts in the world you live and/or where you were when the events that trouble you may have happened? Legal procedures in USA are not the same as Malaysia, for example.



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Deinonychus
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03 Apr 2010, 5:20 pm

Claradoon wrote:
Would you tell me whereabouts in the world you live and/or where you were when the events that trouble you may have happened? Legal procedures in USA are not the same as Malaysia, for example.
oregon USA sthelens



Claradoon
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03 Apr 2010, 5:37 pm

You are living in the healthiest democracy in the world. Go to the Court House and ask to research a name in criminal records. They will make available to you the research materials and show you how to use them. My guess is that some will be computer and some will be the system before computers were brought in. And then you will know.

But you won't accept it. You'll remain stuck where you are now, with "what if this" and "what if that." I'm not rejecting you. But I believe that you can't walk away from this, no matter what proofs of your innocence you may find.

I'm asking you to see a psychiatrist. That's an MD with specialization mood disorders and the like. A psychologist does not have the power to prescribe. A family doctor does not have the specialization.

I think the way it might go would be for you to see your family doctor and ask for a referral to a psychiatrist. Then make an appointment with the psychiatrist and don't forget to bring the referral. Once the psychiatrist has sorted all this out, you'll go back to your own doctor once a month, and the 2 docs will keep in touch to make sure you're okay. You should not have to suffer like this!

btw, a psychologist is also a very good idea, but I think you've got an emergency in the doctor's area.

You don't have to do all of this at once. Do you think you could phone the doctor for an appointment?



Metal_Man
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03 Apr 2010, 5:41 pm

They would have issued a warrant for your arrest and the trial would not begin until they had you in custody. That is also assuming the warrant for your arrest had been issued prior to the statute of limitations had expired. Once those have expired they cannot issue a warrant for your arrest. The only way a trial would be conducted in absentia would be if you committed an extremely heinous crime and fled the country. It doesn't sound like the crimes you committed would be on that level. The US criminal justice system is far from perfect but your rights are clearly defined when it comes to arrest, trial and conviction.


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Can't get it right, no matter what I do, guess I'll just be me and keep F!@#$%G up for you!
It goes on and on and on, it's Heaven and Hell! Ronnie James Dio - He was simply the greatest R.I.P.


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Deinonychus
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03 Apr 2010, 7:05 pm

I keep praying and praying for it all not to be true. I keep feeling that god has forsaken me. I dont know what his plan is. I just know that people are saying that I am going to prison and that my trial has already happened. I dont know what to do. Ive been to a psycologist and he prescribed to me the meds. and I am not on risperidone, or celexa anymore I am on invega and clonazepam. I still say that I am not hearing voices. I still also say that I havent done enough to go to prison for fourty years. I made mistakes as a teen but not that bad. I made mistakes and I learned from them and havent made them again why cant they understand that I am not a habitual offender. I am reformed. I made a mistake as a teen and I would have never done the same ever again. I am taking the pills that they want me to and still they are going after me. Why is it that they are still going after me? why? I am sorry I made a mistake



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Deinonychus
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03 Apr 2010, 7:08 pm

to add to that I took the risperidone all the way through and that shows that I was willing to go throught with the ball shriviling I had a problem with the celexa. Why couldent they talk to me. why.