Posted on 12/05/2019 2:06:02 PM PST by CedarDave
Awesome to have your college fund fully funded before graduation.
No recourse? LOL, you are looking at a settlement north of 500,000 if it’s a buck.
Happened in Central Texas last year when a man was accused of sexual assault and it took a month for the defense attorney to get the details of the case because they had been "sealed". Imagine being in jail a month and you can't even get anyone to tell you why you're in jail.
An ex-girlfriend who lived an hour away claimed this guy had attacked her and cut herself up to make it look more convincing. The defense attorney got the date and time of the alleged attack from the cops and the guy told his mother. The mother remembered that day was her birthday and they had all gone to the movies together.
She had uploaded a selfie of the group (including her son) at the movie theatre and the time stamp happened to be the same time he supposedly attacked the woman an hour away. The guy had to be let go and the sheriffs had a lot of egg to wipe off their faces.
Innocence by Facebook photo.
“Sure, but she’d lose. No deliberate misconduct.”
That isn’t the standard. Malfeasance is nice, but misfeasance is just as actionable. It doesn’t take deliberate, careless is just as worthy for a lawsuit. And also, I see you haven’t spent much time in Albuquerque.
Oh, that’s under the old US Constitution. They have moved onto Constitution 2.0
Supposedly in New Mexico there has to be a hearing within 5 days. In the article I read New Mexico is one of the states with a better system for pretrial detention because they have to have a hearing so quickly- as opposed to others who don’t have such safeguards.
This one settled, no trial ...
Another one ...
https://www.miamiherald.com/news/nation-world/national/article212859919.html
https://www.krqe.com/news/investigations/settlements-reached-in-mistaken-identity-lawsuit/
And after a lengthy wait yet again, the City of Hobbs won a motion to dismiss the lawsuit, arguing the Arizona warrant on its face appeared valid.
Correctamundo on time spent an Albq. Been there, that’s about it.
Do you honestly think he didn’t try something like that?
All the school employee has to say is, “They all look alike, to me.”......................
17-year-old Giselle Estrada, the innocent girl went to ABQ High school. The REAL CRIMINAL went to Chavez.....................
“Now, question is, is she legal”?
Really? Do you live in New Mexico? Do you know anything about the history of the state or it’s people?
Estrada is a very common name in New Mexico, it’s also a name common to many of the original Spanish families that settled New Mexico beginning in 1598. That girl’s family has likely been here a lot longer than your family has.
I figured there are lots of legal folks in NM with that name. I just asked the question, because there are also lots of illegals in NM. Is it not a fair question to ask, or was I supposed to be sympathetic to her 5 days in jail? Maybe that’s why she would not speak to the police in the first place?
It’s in your best interest not to talk to the police, it’s also your God given right. And the fact that you’re not sympathetic to an innocent person who spent 5 days in jail says a lot about your character. $50 says you are one of those boot lickers who have a Gadsden Flag sticker right next to a Thin Blue Line sticker on your vehicle.
I did say PS - Never talk with with police without a lawyer.
but seriously, she was in jail 5 days for 'murder' and did not contact family during her phone time? Not judging her one way or the other, but something has been held back on this story.
Reading tis article I am reminded of the proverb “Legal advice is only worth what you paid for it”. In this case it seems that a public defender isn’t even worth that.
At least the girl was smart enough to keep her mouth shut. This sounds like a case where the police would have railroaded her if she said anything and have the nerve to blame her for not saying anything.
The public defender was the one who told her to keep her mouth shut.
The cops were the ones who sealed the case file and the judge sided with them. As someone above said, her college costs have already been paid for.
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