Any Freeper Lawyers deal with Criminal Law/Constitutional Issues?

For the past 12 months I've been trying to secure some type of employment, but have been unable to because whenever a background check is ran, I get flagged/disqualified for an outstanding arrest warrant in the state of Delaware.

Here's the basis of the situation. I was a Reservist that did my Reserve duty at Dover AFB for the past 4 years and for a good chunk of that time I was on actual active duty orders. The last time I was on orders (Apr-Sep 2012), I was helping support the AD counterpart for my career field when I came into contact with two females that befriended me (a Civil Service Employee and another Airman). I had nothing but the utmost respect and admiration for both of them and when my orders ended due to no additional funding for FY13, I left on good terms and returned back to my home in FL, which is where I live when I wasn't performing duty.

But after I left is when things went south. I wrote a personal letter to the Civil Service employee praising her qualities and wishing her well in her future professional capacity and also made references to the qualities I had admired her for. Within a week of sending that I was deleted on FB by both her and the other female Airman (who was also her best friend). I was a little confused and hurt and should have let it go right there, but I didn't understand what was going on. It wasn't like I was asking for a relationship or anything, I just felt it was important to point out positive qualities which I saw.

Later, I was back-briefed by my Reserve Leadership that the 2 females told their leadership that they had felt "forced" "pressured" into continuing to communicate with me by a Senior NCO who was afraid that I would leave my orders early, and my job knowledge and talents required was too important to be let go (as a Reservist when one volunteers, there is a lot of leeway about where and how long you want to be on orders, provided funding is available.) The leadership says when the pressed for answers that the 2 girls (25 and 28 respectively), felt "embarrassed that they had been caught in a lie and were just hoping it would all go away, but felt no guilt or remorse about their actions". The Senior NCO who had been accused of "forcing" them to communicate with me flatly denied the accusation and complained that her name had been slandered, but was made the scapegoat of the Unit since she was PCS'ing out of Dover within a month.

When news got back to me, I couldn't believe what I was being told and I was very hurt, angry and felt my work ethic and personality had been taken advantage of and demanded a truthful explanation and apology from the 2 females via email. This resulted in me being told I could no longer go to the Active Duty component where I had been serving on orders before. I also received a call from the Dover PD here in FL trying to intimidate me for the email I had sent demanding such an apology and explanation for the lies, deception, etc. I appealed to my Reserve Unit chain and they opted to do nothing, said it was an "Active Duty" issue and let them take care of it. Because of this lack of support, I requested to leave my Reserve Unit and transfer into the IRR. This all happened in November 2012, shortly after the Elections.

Additionally, I was encouraged by others to file an Inspector General complaint for possible ethics violations with the Dover IG. While they took the time to hear my issue, they stated that even if deception occurred, as long as the AF Mission was being fulfilled, there was not a specific violation they could point to and referred it back to the Unit Commander and notified him to contact me, which he never did. That same Unit Commander also prohibited the Senior NCO accused of the "forcing" from contacting me about the conversation she had with the 2 females. I did not hear from her until she had PCS'd out.

In February, another co-worker of mine from Dover tried to put together a teleconference of some kind between myself, the Unit Commander, and the 2 females that would have brought a resolution to this. Despite the ground rules that were set, the more I read about it, the more I saw that this was rigged against me and I felt that if people were going to lie to me, they ought to have the decency of lying to my face. So I decided to attend the meeting in person. I reported to my Reserve Unit first, which was in a different building. It was my hope that my Chain would accompany me over to the meeting where we would all attend. This conference, which was scheduled in February 2013 was the first and only time I was back in Delaware since coming off my orders in September 2012.

When I arrived, my Reserve Unit was surprised to see me. They actually had the Reserve Wing Commander come down and question me whether I was a physical threat to anyone on base which I flatly denied, as I had never threatened anyone. After that the office made contact with the Active Duty Unit Commander, who deemed me a physical threat and contacted authorities on behalf of the two females. While sitting with my Reserve Leadership in one of my bosses office, Dover PD showed up and I traumatized and intimidated for just being there and threatened with arrest. It was incredibly humiliating and one of the worst experiences of my life ever. After all that, they decided to do the teleconference anyway, where the 2 females read canned-statements which had clearly not been written by them, and I was given virtually no time to challenge the discrepancies in those statements, they were just allowed to stand.

The whole ordeal was incredibly traumatizing for me. After this teleconference, I left Dover immediately, but I did not make it home until 4 days later because I had contemplated hurting myself and wrote a note as such to the Unit Commander that perhaps they would do a better job investigating my death than the "half-assed approach they did pertaining to this". By the time I had made it home, the FL authorities took me to the VA Hosp and Baker'd me and I had to get treatment for about a week before I was released.

Once I got out, I started looking for new employment opportunities. My request to leave Dover Reserve Unit was on hold because I had a pending EPR due. If any of you have AF prior experience, you can only imagine what happened next. For going to the IG and requesting to leave the Unit and transfer to the IRR, my Reserve Unit retaliated against me by writing a less than stellar EPR. Not one comment was made about the incident above because I was never on duty when anything occurred and I didn't do anything wrong. Instead, quantification and stratification statements were reduced or entirely taken out to weaken the report. (Example: While I was temporarily assigned at Robins AFB during the reporting period, I processed over 800 pay transactions with 98% accuracy and got customers paid in rapid time, enhancing customer confidence, but the only statement on the EPR was "Deployed to Robins for 88 days". Some statements on the rater-additional rater were just repeated which is what you normally see on a weak report without much to write about, but I can assure that's not the case with me, as I had plenty of education, leadership, job, and whole-person concept bullets that could have been used. I knew the game they were playing and I wasn't going to let them get away with it.

I demanded feedback IAW the AFI, but was never given any, only a statement by my Reserve Commander that "I had requested to leave the Reserve and to take my complaint to ARPC and that this concludes any communication with the Reserve Unit". Even after going up the Chian and being informed by another Officer that she was required to give me feedback, she did not. This is a separate situation going on at ARPC to get this injustice corrected.

Meanwhile, the 2 females involved got nothing but praise and the whole issue was swept under the rug. I was angry my reputation had been damaged and I had been turned into a monster.

So I created a blog to blog about the incident, and used social network sites such as FB, Twitter, and Pinterest to promote it. There were never any threats. All the blog did was explain the same facts, correspondences, transcripts, etc that I've described here.

The 2 females became angry because I notified others in the office about the blog and what had transpired since leadership was trying to sweep it under the rug. Friends and relatives of the 2 females were becoming aware of the blog and they didn't like that. As a result, they filed another complaint with the Dover Police Department last March, and managed to get a warrant for my arrest on stalking counts under Del 1312.

I had no clue about any warrant until I was pulled over in FL in May for forgetting to turn my lights on after filling up at a gas station at night. The FL State Trooper said something about "aggravated assault and stalking" was out there. I was shocked. He did not arrest me though.

Immediately I tried to get to the bottom of this. DPD did not respond to my calls or emails, and neither did the 2 females or the Unit Commander at Dover. The only person who responded was the Civil Service female's father who said he knew nothing of the charges out there. At the time, nothing showed up on the State of Delaware website. https://pubsrv.deljis.delaware.gov/WantedPublic/

So while this was going on, I tried to find employment. In September, I was hired for a Federal Technician position with the Guard. I was upfront with the recruiter about the incident and not knowing what was out there and she didn't seem too concerned, but the following day I was notified that there was indeed a warrant out for me and that I had been disqualified from the hiring process. This would happen for two additional jobs I applied for. I had already been out of work for some time and the financial crunch was starting to be felt.

After this, I went back to the girl's father and told him what I had been told. He attempted to get additional information but did not provide me anything else. Delaware, unlike Florida has some strange rules. In FL, everybody gets sent a copy of the complaint. In DE, that information is kept sealed. I couldn't see what the warrant was based upon, but I suspected the 2 females or the police officer lied to the judge or left out material facts to get the warrant signed.

Eventually, the Civil Service Female was notified that she was PCS'ing back to FL (she's from FL) last October. Prior to leaving DE, she worked with the DPD to have her complaint dropped, and a meeting between herself and myself was planned in November to bring a resolution to this. This meeting took place and I was able to see first hand how she lies to get around situations, but seeing for myself, I came to realize that there was nothing more that could be done, and I felt satisfied that this had been resolved.

However, the other female (the best friend) refused to drop her complaint. Supposedly this drove a wedge between the 2 females where they are no longer friends anymore because the Civil Service female dropped her complaint.

The warrant information disappeared in October, but a month later it reappeared as it looks like they rewrote the warrant with just the female Airman's information, but I cannot tell since I can't get any information behind the warrant.

This has prevented me from getting employment and moving on. Numerous people have tried to talk to the other female and she refuses to cooperate. According to the other female's dad, "she is bitter".

I've spoken with 2 lawyers in DE, both of which have told me that I have to come to DE, get arrested, and only then can I fight the charges. This seems backwards because I was never in Delaware during any of the alleged incidents, and under FL law, I didn't violate any laws. How can DE State Law claim authority over the entire internet? Additionally, when we finally talked to the DPD, they seem to give the impression that I "fled" DE and am hiding out in the State of FL to avoid prosecution. But that is not true. I've read the Uniform Extradition Law and Delaware's wording is based on the Federal Statute. I was never present in the State and never fled, how can I be deemed a fugitive?

I feel my due process and First Amendment rights are being violated. Because of the trauma that occurred last time, I do not want to go to DE and subject myself to their jurisdiction when I feel they don't have the authority for this matter. The Federal law USC 226 was never cited because I never made any threats. It's clear to me someone is lying or withholding information which led to the warrant, but you're telling me I have to go to DE, get arraigned just to be able to fight the warrant or see what the warrant was based on? This sounds like guilty before innocent.

I have also researched Case Law on the matter. The "course of conduct" language used by DE Statute is based on the same wording and definitions from other states and clearly means "IN the Forum State". See Huggins v Boyd https://pubsrv.deljis.delaware.gov/WantedPublic/

Additionally, I found this case regarding Twitter/Pinterest as Bulletin Boards. In my situation, I never threatened anybody, only used them as links for people to decide whether to visit my Blog or not. http://www.pcworld.com/article/246358/twitter_stalking_case_dismissed_by_maryland_judge.html

And although I disagree with state law being used, why is 1312 cited (considered a Felony) and not 1311 (Misdameanor)

This is where I am at now. I have no idea how to proceed. My finances are running low and I still cannot get employment due to a warrant which should have never been signed and is based on false information.

I'm not a lawyer; however, I do read State Constitutions and there are some big irregularities in the goings-on here and what the Delaware Constitution states:

Art I. §4. Trial by jury; composition of grand juries; concurrence in indictment. Trial by jury shall be as heretofore. §5. Freedom of press; evidence in libel prosecutions; jury questions. The press shall be free to every citizen who undertakes to examine the official conduct of men acting in a public capacity; and any citizen may print on any subject, being responsible for the abuse of that liberty. In prosecutions for publications, investigating the proceedings of officers, or where the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels the jury may determine the facts and the law, as in other cases. §7. Procedural rights in criminal prosecutions; jury trial; self-incrimination; deprivation of life, liberty or property. In all criminal prosecutions, the accused hath a right to be heard by himself and his counsel, to be plainly and fully informed of the nature and cause of the accusation against him, to meet the witnesses in their examination face to face, to have compulsory process in due time, on application by himself, his friends or council, for obtaining witnesses in his favor, and a speedy and public trial by an impartial jury; he shall not be compelled to give evidence against himself, nor shall he be deprived of life, liberty or property, unless by the judgment of his peers or by the law of the land. §9. Courts shall be open; remedy for injury; venue; suits against State. All courts shall be open; and every man for an injury done him in his reputation, person, movable or immovable possessions, shall have remedy by the due course of law, and justice administered according to the very right of the cause and the law of the land, without sale, denial, or unreasonable delay or expense. Suits may be brought against the State, according to such regulations as shall be made by law.

As such you have a lot more here to bolster your case than under the US Constitution; moreover, you say that they are using State Statute against you — so it would be better to address the situation with the State's own Constitution.

1. See if you can find a lawyer in your area who is with a firm that has a Delaware office or who is admitted to the Bar in DE.
That would seem cost-effective and you may be able to avoid an appearance in DE. It would seem even be better to find a local firm that has a DE office that has an attorney with experience in the field (you do not want just any attorney). You want your heavy hitter to be in DE; again, cost-effectiveness, there is no reason to incur travel expenses for a local attorney and a qualified DE attorney should have local contacts/experience. It will probably expedite your first contact with the local firm to ask to speak to the managing attorney. You chief concern at this point is to learn what the firm can do for you and the credentials of the attorney that proposes to do it.

2. In any event, the attorney you want is currently very busy. Recommend you prepare an Executive Summary of the key facts in the neighborhood of 6-8 sentences. Make every effort to keep it short. What you did, what they did, the result and the relief you desire. Use that summary as part of a brief cover letter or email. Include as an attachment all details in a format that follows the points in the ES. The attorney may be encouraged to at least hand it to a paralegal for analysis. Avoid acronyms on the first usage of a term, the paralegal may miss something.

3. Meanwhile, if you have not done so already, prepare a file with copies of all relevant documentation that follows each point in your attachment, and the names of all involved with contact information. Do not forward the file until you are asked for it.

Hope this helps.

The Blog was already taken down once the agreement of the meeting in November was made. As previously stated, there is NOTHING in there that states threats of any kind. The only thing it lists is the documented account/transcripts/correspondences, etc. Additionally, NO private information was ever published on the Blog. All information that was listed referred back to another public website and was appropriately cited.

Define “good”

Thanks, this was already done.

I sent all of that information to an Attorney in DE that I was referred to from here in FL.

There was supposed to be an initial consultation. Prior to that I sent the information you stated. It was clear when I talked with her that she reviewed none of it and had no clue as to the people involved, facts, etc. I was charged $250 for 10 minutes of what nothing helped.

Our request was to see if based on reviewing the facts and the situation if she could talk to the remaining complainant to get it dropped. After all, negotiation, mediation, arbitration, I thought this is what Attorneys get paid to do. She made it seem like I was asking her to Blackmail the complainant into dropping the complaint which was not true.
The Attoney said she could get in trouble for “intimidation”. I have never heard anything like that of the sort. Additionally, the Attorney told me that even if I hired her, she would be unable to see the information behind the warrant issued until I turned myself in. Seriously, nobody can see the information supporting a warrant in Delaware? There is something wrong with this process.

These were not feminists, on the contrary.

This is more along the lines of lack of social interaction-social awkwardness type of thing and not knowing how to properly deal in social settings or realizing the effects your actions have on others. Couple that with designed lying techniques to cover up these weaknesses and that’s what you have with these two.

Thanks, this was already done.

Not quite.

I sent all of that information to an Attorney in DE that I was referred to from here in FL. It was clear when I talked with her that she reviewed none of it and had no clue...I was charged $250 for 10 minutes of what nothing helped.

So you are back to square one, with wasted time and out $250. You got hooked up with a flaky attny in DE and apparently have no leverage over the FLA entity that referred you.

Good luck.

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