Unauthorized Practice Of Law Or Harassment?
In the year 2000 I had two sons in jail. They’re both home now and doing fine. As their mother I would have attended every hearing but discovered they were not having any. What was and still is going in the DeSoto County Courthouse are plea deal hearings held behind closed doors inside 12th Circuit Judge James S. Parker’s chambers. The public is not allowed. The closed door hearings are being conducted through audio visual and, at times, an inmate is physically taken there to be threatened. If an inmate is offered a plea deal and does not take it then he/she remains in jail until they are offered another deal, months later. The longest time the accused have remained in the DeSoto County Jail is 3 years. My research has revealed the longest time the accused to remain in a county jail is seven years in Miami, Florida. These detainee’s cases are continued without their knowledge or permission and they remain in jail, “incognito” until they are called for the next plea deal hearing. No defenses are being built in 100% of the cases, if you are arrested you are guilty. This system encompasses the entire United States. Because my story has gone out over the internet I now receive letters from all over the country from inmate...that I am not allowed to answer.
I reported in writing about the closed doors hearings to the 12th Circuit Court Administrator in Sarasota, the Judicial Qualifications Commission, the Attorney General of Florida (Charlie Cris at that time) but no corrective action came about as the results of my letters.
So I took decided to form the FPB, Florida Pro se Bar. A certified paralegal drafted an EMD, “Emergency Motion to Dismiss”, a 5 page document demanding the release of the prisoner due to speedy trial violations by the court. Prisoners could simply write their case numbers, their attorneys names, how long they had been in jail along with their signature then mail it back to the FPB. Included with the EMD was a waiver that with a signature was acknowledgment by the inmate that the FPB were non lawyers but could assist them in filing their “pro se” pleading. No fee was required or accepted.
The Emergency Motions to Dismiss were mailed to 55 inmates that had been held over 180 days in the DeSoto County jail. The EMD document contained US Constitution, Florida Constitution, US Supreme Court case law, Florida case law, Florida Statutes, rules of procedure etc regarding the right to speedy trial. Those that signed the document were suddenly demanding their speedy trial rights or be released. These inmates were immediately offered sweet deals to move them. This interrupted the courts regular flow and commerce.
Several months later, June 2006, I was arrested and charged with UPL (Unlicensed Practice of Law). All I had been doing was mailing documents and filing them at the request of the accused person. During my first appearance in jail 12th Circuit Judge James S. Parker told me I was not allowed to talk to any inmates or inmates family members about anything going on at the jail or courthouse. Bond was set at $50,000. Case # 06 CF 335
During the next 14 months my case continued with an incredible amount of fraud and deception by the officials involved. I will write about that later. In August 2007 I had a mock trial. The jury never heard the "law" I was charged with violating. Florida Statute 454.23, says if you hold yourself out to be an attorney and/or charge for your service, you're practicing law. I did neither. To get around this the prosecutor Donald Hartery prepared “the State’s Special Jury Instructions” just to fit my case. I had to be found guilty. According to the “States Special Jury Instructions, for example, it is considered practicing law if you file a document for another person.
|The More Things Change... |
Chain Gang of Black Youths In America circa 1903
A month later, September 2007, I was sentenced to 15 years probation. The conditions of my probation are: I am not allowed to contact prisoners directly or indirectly. I was fined $33,600 even though there were no victims. My “criminal” score sheet reflects, “Victim impact 0”. I am not allowed to file “pro se” any lawsuits and must have a Florida Bar attorney to represent me. I have a perfect driving record but my license has been suspended, even though this was not a motor vehicle related case. My license will not be reinstated until the entire $33,600 is paid. (Since 2003 I’ve been the chairperson for a PAC, (Political Action Committee) registered with the Florida Division of Elections, called the Judicial Accountability Initiative Law, the common acronym is JAIL4judges. See floridajail4judges.org To work J4J’s I was traveling to different counties collecting signatures on petitions, so I am assuming this is why the court took my license. Since I am on probation like all probationers I have to submit to drug testing and have to get permission to leave the county. My monthly payment on the $33,600 is $236.18 to Florida Department of Corrections.
After my sentencing I filed a federal racketeering/extortion lawsuit. I was re-arrested February 23, 2008 and charged with violating my probation, even though during my sentencing (the new judge on my case) Judge Lee Haworth stated that they had no jurisdiction over what I did in federal court. I was sentenced to 6 months in jail and served 4 and 1/2. On July 1, 2008 I was released. I’ve remained quiet till the outcome of my appeal, which was denied, “per curium affirmed” on November 13, 2009. I wrote a letter to my public defender for the appeal asking he request an Opinion. His motion is still pending. Case # 2D-07-5083
|Not Yet Part|
Of The Solution
During my trial 17 inmates were brought from around the state of Florida to testify against me. Not one of them did. Their testimonies were all the same: They all knew I was not an attorney and did not charge; their cases were continued without their knowledge or permission, and they were held with no hearings until they were offered the deals. In many of them they were threatened with 40 years for each count or life sentences if they didn’t take the plea, ‘right now!’ In 100% of the cases no defenses were prepare. They were all offered sweet deals after they filed their EMD and their attorneys became more attentive to them. In fact, they admitted I helped them. The court never responded to the EMD that were filed by the inmates.
If you are arrested you are guilty. The only way to get out of jail is accept a plea deal to serve a short sentence in county jail, be put on probation or go to state prison. The plea deal system has created our huge prison industry because the criminal justice system is racketeering.
|Justice Triumphant, 1730|
Be seeing you.