Criminal Defense Archives

2 years ago

⚖️Congratulations to 2024 Advisory Board Member, Attorney Roshun S. Shekarriz in CA!

Roshun S. Shekarriz, specializes in personal injury and product liability litigation, handling both state and federal court matters. She advocates fearlessly for clients who’ve experienced catastrophic losses like traumatic brain injuries, spinal cord injuries, workers’ compensation claims, and wrongful death. Roshun is well-versed in mass torts and multi-district litigation, particularly in product liability cases.

www.bestattorneysofamerica.com/item/roxy-s-shekarriz-2024-advisory-board-member/

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To the Honorable Court Comes now the Defendant, an American-born citizen, invoking the full protection of the United States Constitution, the Bill of Rights, and all applicable federal and state civil rights statutes. The Defendant respectfully moves this Court for immediate dismissal of all charges, full restitution, and the initiation of a federal inquiry into the unlawful alteration of arrest records ~ acts that constitute a direct assault on constitutional law, civil rights, and the integrity of the American justice system. I. Statement of Facts The Defendant’s arrest records were unlawfully altered, amended, or falsified on multiple occasions. Up to nine (9) separate instances ~ without judicial authorization, due process, or the Defendant’s knowledge or consent. These alterations occurred within official courthouse systems, representing a deliberate and systemic act of tampering with public records, a felony under both federal and state law. This misconduct deprived the Defendant of liberty, reputation, and due process, violating the Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution. Neither the Defendant nor counsel was ever permitted to appear before a judge. The entire judicial process was subverted, replaced by falsified documentation and administrative deceit. These actions were not clerical errors. They were calculated violations . A coordinated effort to manipulate the record, obstruct justice, and conceal misconduct. The Defendant asserts that this pattern of falsification constitutes a constitutional crisis, undermining the rule of law and eroding public trust in the judiciary. II. Constitutional and Statutory Violations A. Fourth Amendment The unlawful alteration of arrest records constitutes an unreasonable seizure of identity and liberty. By fabricating or distorting the factual basis of prior proceedings, state actors effectively seized the Defendant’s legal identity and replaced it with a false narrative, violating the right to be secure in person and record. B. Fifth and Fourteenth Amendments (Due Process and Equal Protection) The Defendant was denied procedural due process when records were altered without notice, hearing, or opportunity to contest. Equal protection was violated through selective and discriminatory treatment. These acts deprived the Defendant of the fundamental fairness guaranteed by the Constitution and created a two-tiered system of justice . One for the protected, and one for the silenced. C. Sixth Amendment The Defendant’s right to a fair trial and accurate recordkeeping was destroyed. Altered records directly affect defense strategy, credibility, and sentencing considerations. The falsification of judicial documents renders any subsequent proceedings constitutionally void. D. Civil Rights Statutes Under 42 U.S.C. §1983, any person acting under color of law who deprives another of constitutional rights is liable for damages. The Defendant reserves the right to pursue civil action against all responsible parties, including law enforcement agencies, clerks, prosecutors, and any third parties complicit in the falsification of records. Each alteration constitutes a separate and actionable violation of civil rights. III. Legal Argument for Dismissal and Restitution Fruit of the Poisonous Tree Doctrine Any evidence derived from falsified or altered records is inadmissible. The foundation of the prosecution’s case is therefore tainted and must be dismissed in its entirety. The doctrine mandates exclusion of all evidence obtained through unlawful means, ensuring that justice is not built upon corruption. Violation of Brady v. Maryland (373 U.S. 83, 1963) The suppression or alteration of exculpatory evidence constitutes prosecutorial misconduct and mandates dismissal. By concealing or distorting material facts, the prosecution deprived the Defendant of a fair opportunity to present a complete defense. Judicial Integrity and Public Trust The Court has an inherent duty to preserve the integrity of its records. Allowing prosecution to proceed on falsified documentation undermines the rule of law and erodes public confidence in the justice system. The judiciary must act decisively to correct and condemn such violations to maintain its legitimacy and moral authority. IV. Damages and Valuation of Harm The Defendant seeks restitution and damages commensurate with the magnitude of the constitutional violations and the systemic corruption exposed. The following categories of harm justify a valuation exceeding $2.5 billion USD, reflecting both compensatory and punitive damages: Loss of Liberty and Due Process ~ The unlawful deprivation of freedom and denial of judicial access. Reputational and Emotional Harm ~ Two decades of stigma, psychological trauma, and social isolation. Economic and Opportunity Loss ~ Destruction of career, income potential, and professional standing. Punitive Damages ~ To punish and deter future misconduct by state actors and institutions. Institutional Accountability ~ Damages for systemic corruption, falsification of public records, and erosion of public trust. Public Interest Damages ~ Compensation for the broader societal harm caused by the corruption of judicial integrity. This case represents not merely a personal injury, but a national constitutional breach — a precedent that, if left unpunished, endangers every citizen’s right to due process and equal protection under the law. V. Relief Sought The Defendant respectfully requests: Immediate dismissal of all charges with prejudice. Expungement of all falsified or altered records. Independent forensic audit of all arrest and court records associated with the Defendant. Referral to the Department of Justice Civil Rights Division for investigation into systemic misconduct. Award of compensatory and punitive damages totaling $2.5 billion USD, subject to adjustment upon discovery. Public acknowledgment of wrongdoing and formal correction of all judicial records. VI. Conclusion The Defendant stands as a sovereign American citizen whose rights were not merely violated but erased. The unlawful alteration of official records is not a clerical mistake. It is a constitutional crime. It is the theft of truth, the erasure of identity, and the corruption of the very system sworn to protect it. Justice demands not only dismissal but restitution, reform, and accountability. The Constitution cannot defend itself; it relies on citizens and courts of conscience to do so. This motion is not a plea for mercy . It is a demand for justice, truth, and the restoration of the rule of law. Respectfully submitted, Sign: ~ {Jeremy H. Hars} ~

Best Attorneys of America

2 years ago

⚖Welcome to 2024 Best Attorneys of America Member, Attorney Steven Hilst in CA! ⚖
Attorney Hilst is proud to have been recognized for his work in a wide range of personal injury areas. These include, but are not limited to, product liability and brain injury cases. He has also developed a reputation for his prowess at trial, presenting cases in front of juries. www.bestattorneysofamerica.com/item/steven-hilst-personal-injury-lawyer/
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