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Lot's of reasons. Read the court cases and see why the judges explain it's actually legal to do and see you have no chance of winning. Or read the Prosecution r
by ROTMetro 5y ago
Lot's of reasons. Read the court cases and see why the judges explain it's actually legal to do and see you have no chance of winning. Or read the Prosecution reply briefs where the Prosecutors point out that the convicted felon as part of his plea agreement agreed to not challenge his conviction in any way. If you take a plea (which cuts 20 years off your sentence because of the trial tax (https://www.americanbar.org/groups/litigation/committees/commercial-business/practice/2019/operation-varsity-blues-plea-deals-trial-tax/ https://www.americanbar.org/groups/litigation/committees/com... )) any challenge to your conviction invalidates your plea and puts you at risk of a longer sentence (which for example takes a 4 year bit to 20). I mean, yeah, you have a right to challenge, but it doesn't come without an implied threat and risk of high cost. And of course, going to court involves transport back to your sentencing court, which is basically you volunteering for the previously mentioned diesel therapy. Also, you can't sue the Feds unless you have 'actual damages'. This is a very high bar to overcome legally. Look at the cases of gross medical incompetence in prison. You also have to show actual malice and not just gross complacency or incompetence, again an very high legal bar to meet. Dude, you can only challenge an illegal sentence or one that is in error for 14 days (https://www.law.cornell.edu/rules/frcrmp/rule_35 https://www.law.cornell.edu/rules/frcrmp/rule_35). Go read that link and realize American justice is not what you think. And remember, during these 14 days you are being transferred from a detention center to your place of incarceration, so good luck putting together that Rule 35 motion with no access to legal resources, stability, writing materials.
- kingcharles 5y agoThis man speaks the truth and obviously has a lot of experience with the system. It is hard. Hard, hard, hard. You have to sue yourself, without counsel, unless you are rich. Almost no lawyers will take these cases up on contingency (what you see on TV where the lawyer puts up all the costs with the hopes of making his money back from the settlement) as they are mostly losing cases. The courts HATE prisoner rights cases and will find against you using any method possible.
- ROTMetro 5y agoAlso a lawyer taking these cases is the kiss of death for future cases in a judges court room, which means no future clients will use that lawyer. The judge has all the power, and lawyers can not afford to alienate them. No one ever considers that power dynamic. All a judge has to do it let it be tacitly known a lawyer will not win in his court room and that lawyer is done. I am getting really uncomfortable posting now.