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In my experience there aren't many cases against government entities that attorneys will take on contingency. A friend of mine was held for nearly 2 years with

In my experience there aren't many cases against government entities that attorneys will take on contingency. A friend of mine was held for nearly 2 years without bail because he was deemed a flight risk (the white collar charges he faced were eventually dropped). He spent most of that time experiencing violent and painful vomiting attacks. He was told he had an ulcer and was given ulcer medication that had no effect on the attacks. Upon his release, he immediately went to an ER where he was told he had developed gallstones and that it had gone on so long that it was affecting his other organs. His pancreas was on the verge of shutting down. He was told that it was good that he came in when he did, as he would have been dead in another month or so. It was eventually revealed that the gallstones diagnosis had been made by the jail doctor approximately 16 months before his release, and that he had recommended a surgery be scheduled. That never happened and he was never told about the diagnosis. At one point during his incarceration, his attorney requested bail based on the jail's inability to properly diagnose/treat the problem. The prosecutor mocked the request in open court, saying he "had stomach pains sometimes too" and the judge denied the renewed bail request because jail staffers insisted that they were doing everything medically reasonable. I helped him contact probably 50 attorneys. Not a single one would take the case on contingency, mainly because there was no permanent injury or death that had occurred. The government got away with nearly killing my friend while he was being held without bond on charges that were ultimately dismissed.

qwerta 13y ago
That is horrible! It sounds like story from Kazachstan or Africa. I hope your friend is better now.
- downandout 13y ago
  He is, this occurred over 10 years ago.
- jtimberlake 13y ago
  Or something that would happen in the Czech Republic or Greece
  - qwerta 13y ago
    I am not saying it could not happen in EU or post-soviet country, but I find it unlikely. Neglect is criminal offense here, he was diagnosed by doctor so there was paper trail. Also approach to medical care is totally different. And maximal imprisonment without conviction here is 1 year. Not so popular ex-politician was held for 18 months on corruption charges and it was national scandal.
    - downandout 13y ago
      Sadly, in our "free" country you are held until the charges are resolved if you are denied bail or don't have enough to post it. He told me someone he was there with had been in for over 8 years fighting his case, and he still hadn't gone to trial. The defendant does have to agree to such extensions, but given that essentially every crime on our books carries penalties up to 30 years, it's not hard to see why people postpone them while preparing a defense.
      - qwerta 13y ago
        I just looked up criminal law in Czech rep. Maximal length depends on maximal length of sentence: * normal crime (under 4 years) such as less violent robbery, bar fight... 1 year * violent crime with death or permanent injury (around 8 years sentence) 2 years * 4 years in exceptional violent cases (over 15 years or life-time sentence). There is also condition that trial must start within first 1/3 of time period.
- downandout 13y ago
  Unfortunately, it wasn't Kazachstan or Africa. It was in the much vaunted Silicon Valley. This occurred in the Santa Clara County jail just across from the San Jose airport.
- madaxe_again 13y ago
  Nope. In kaz, the police are corrupt, and will shake you down for a bribe, but arresting people is way too much effort. I'm far more scared of US law enforcement than I am Kazakh.
  - GFischer 13y ago
    Very likely some sort of bribe could be arranged in most parts of Africa as well.
  - drpp 13y ago
    Coincidentally, I (the author) have had experience bribing police in Kazakhstan: http://www.offsilkroadin.com/2009/11/the-last-hurdle/ http://www.offsilkroadin.com/2009/11/the-last-hurdle/
    - madaxe_again 13y ago
      Likewise. Bet you didn't have to bribe the Russian secret police in kaz, though! Much tougher crowd. Surprised you got pulled up over an expired visa - have seen people get in and out with no visa, just a wad of cash.
growupkids 13y ago
That's awful and shameful that no firm would take the case. I was helped by a reporter friend that published my narrative of what happened to me, which got the word out to a lot more firms. Eventually I was contacted by several, and eventually settled on one that was focused on pursuing cases similar to mine. I guess my two cents would be to not get down and assume no one will help. I was furious about my experience, it really shocked me on a fundamental "I don't trust the system anymore" level. I was pretty close to just becoming more cynical and just deducing to hate all cops forever. I even had some friends say "well you must have done something" to deserves it. It was a terrible blow to hear that. But I fortunately was so upset I didn't want to just get angrier, I wanted justice. I wrote my experience down while it was still raw, and shared it with some friends, one of whom was a reporter. I really did this initially for validation, I wanted someone to know what happened to me, to agree with me that what happened to me was an injustice: because up to that point I felt like no one cared. And I wanted to do something. I had to do something. I wasn't going to just accept what had happened to me as inevitable and just part of the system. It was wrong, horribly wrong. My reporter friend asked if he could publish it, I was frankly surprised he wanted to publish it verbatim but I guess a raw emotional narrative makes better copy than and interview. And from that I started getting emails from law firms. I know how awful it can be to unjustly treated by the police, how helpless you are, how dehumanized you can be, how violated the experience can be when you did nothing wrong. Don't give in. Youre not alone. You're a survivor. Yes, It can be hard to fight back, but it's worth it. It's a positive experience for me now, because you realize you can help prevent this from happening to someone else. That you can get justice. That you're not crazy, that what happened to you was wrong. Just know the process is long, and there will be set backs. The system is overloaded with cases, don't expect anyone to hand victory to you quickly or easily. The cops will close ranks, and lie for each other. The courts will let them, just keep at it. Eventually they'll either settle to make you go away to spare them the continuing costs, or you'll get your day in court.

qwerta 13y ago

That is horrible! It sounds like story from Kazachstan or Africa. I hope your friend is better now.

downandout 13y ago
He is, this occurred over 10 years ago.
jtimberlake 13y ago
Or something that would happen in the Czech Republic or Greece
- qwerta 13y ago
  I am not saying it could not happen in EU or post-soviet country, but I find it unlikely. Neglect is criminal offense here, he was diagnosed by doctor so there was paper trail. Also approach to medical care is totally different. And maximal imprisonment without conviction here is 1 year. Not so popular ex-politician was held for 18 months on corruption charges and it was national scandal.
  - downandout 13y ago
    Sadly, in our "free" country you are held until the charges are resolved if you are denied bail or don't have enough to post it. He told me someone he was there with had been in for over 8 years fighting his case, and he still hadn't gone to trial. The defendant does have to agree to such extensions, but given that essentially every crime on our books carries penalties up to 30 years, it's not hard to see why people postpone them while preparing a defense.
    - qwerta 13y ago
      I just looked up criminal law in Czech rep. Maximal length depends on maximal length of sentence: * normal crime (under 4 years) such as less violent robbery, bar fight... 1 year * violent crime with death or permanent injury (around 8 years sentence) 2 years * 4 years in exceptional violent cases (over 15 years or life-time sentence). There is also condition that trial must start within first 1/3 of time period.
downandout 13y ago
Unfortunately, it wasn't Kazachstan or Africa. It was in the much vaunted Silicon Valley. This occurred in the Santa Clara County jail just across from the San Jose airport.
madaxe_again 13y ago
Nope. In kaz, the police are corrupt, and will shake you down for a bribe, but arresting people is way too much effort. I'm far more scared of US law enforcement than I am Kazakh.
- GFischer 13y ago
  Very likely some sort of bribe could be arranged in most parts of Africa as well.
- drpp 13y ago
  Coincidentally, I (the author) have had experience bribing police in Kazakhstan: http://www.offsilkroadin.com/2009/11/the-last-hurdle/ http://www.offsilkroadin.com/2009/11/the-last-hurdle/
  - madaxe_again 13y ago
    Likewise. Bet you didn't have to bribe the Russian secret police in kaz, though! Much tougher crowd. Surprised you got pulled up over an expired visa - have seen people get in and out with no visa, just a wad of cash.

growupkids 13y ago

That's awful and shameful that no firm would take the case. I was helped by a reporter friend that published my narrative of what happened to me, which got the word out to a lot more firms. Eventually I was contacted by several, and eventually settled on one that was focused on pursuing cases similar to mine. I guess my two cents would be to not get down and assume no one will help. I was furious about my experience, it really shocked me on a fundamental "I don't trust the system anymore" level. I was pretty close to just becoming more cynical and just deducing to hate all cops forever. I even had some friends say "well you must have done something" to deserves it. It was a terrible blow to hear that. But I fortunately was so upset I didn't want to just get angrier, I wanted justice. I wrote my experience down while it was still raw, and shared it with some friends, one of whom was a reporter. I really did this initially for validation, I wanted someone to know what happened to me, to agree with me that what happened to me was an injustice: because up to that point I felt like no one cared. And I wanted to do something. I had to do something. I wasn't going to just accept what had happened to me as inevitable and just part of the system. It was wrong, horribly wrong. My reporter friend asked if he could publish it, I was frankly surprised he wanted to publish it verbatim but I guess a raw emotional narrative makes better copy than and interview. And from that I started getting emails from law firms. I know how awful it can be to unjustly treated by the police, how helpless you are, how dehumanized you can be, how violated the experience can be when you did nothing wrong. Don't give in. Youre not alone. You're a survivor. Yes, It can be hard to fight back, but it's worth it. It's a positive experience for me now, because you realize you can help prevent this from happening to someone else. That you can get justice. That you're not crazy, that what happened to you was wrong. Just know the process is long, and there will be set backs. The system is overloaded with cases, don't expect anyone to hand victory to you quickly or easily. The cops will close ranks, and lie for each other. The courts will let them, just keep at it. Eventually they'll either settle to make you go away to spare them the continuing costs, or you'll get your day in court.