Wednesday, July 20, 2011

Case Fixing Tactics: A Comprehinsive List

Below, is perhaps the most Comprehensive List of Concerns when we are faced in Our Legal System. As the author states: "Feel free to post this list on your Wall and spread it around far and wide. Please send me the comments you receive and thank you for your help in completing this list." I can only add, any statements should be supported with Proof.

Do Review this list and send comments to John, Thanks:

Case Fixing Tactics

I am creating a comprehensive list of case fixing tactics being employed in family law cases and in the criminal justice system, to churn cases for extra profits and to increase federal funding for the states. Please comment with your own observations.
I know about, or have observed, and have a great amount of evidence to show, the following case fixing tactics against fathers, pro se litigants, indigents, and crime victims in Colorado and Minnesota:

Judges:

  1. “Impute” income and jack up child support orders
  2. Dole out restraining orders like candy
  3. Allow perjury and other fraud upon the court
  4. Suppress evidence
  5. Ignore evidence of criminal misconduct
  6. Allow and promote fraud upon the court
  7. Commit fraud upon the court in orders
  8. Deviate from the presumptions of equal custody, decision making, parenting time, etc., without a showing of parental unfitness
  9. Deviate from the presumption of truth in affidavits without cause or reason
  10. Reclassify pro se filings and then provide no reasons for denials or state something like, “To the extent that the father is requesting dismissal (or reconsideration, or…”)
  11. Deny access to the court system
  12. (From Brad Howe): Refuse to enforce visitation orders, but will enforce custody orders

Court Administration:

  1. Deny access to the judicial system
  2. Refuse to file court documents
  3. Throw away or misplace IFP applications and other court documents
  4. Alter the ‘Register of Actions’ when decisions are appealed
  5. Rename or renumber exhibits, or lump several exhibits under one number (so some or all can be withheld in the event of appeal)

Court Reporters:

  1. Refuse to produce transcripts
  2. Alter transcripts when decisions are appealed

Prosecutors:

  1. Refuse to answer discovery requests
  2. Withhold exculpatory evidence
  3. Participate in the altering of exhibits
  4. Openly commit fraud upon the court
  5. Knowingly advance falsities and deceits

Public Defenders:

  1. Refuse to do anything to defend
  2. Refuse to do anything in writing
  3. Refuse to file court documents or just present them in court so the clerks can throw them away
  4. Make only verbal statements in court and only statements that will keep the case going
  5. Participate in the altering of exhibits

Child Support Enforcement:

  1. Refuse to verify facts, review, adjust, modify, etc.
  2. Refuse to credit payments
  3. Refuse to correct accounts
  4. Commit and suborn perjury
  5. (From Jeff Okkonen) Increase support collection, without a hearing, then garnish from paycheck, also without a hearing
  6. (From Brad Howe): Levy bank accounts repeatedly just to increase federal funding
  7. Send levy notices to your bank, but hold yours so you will miss the appeal period

Law Enforcement:

  1. Refuse to look at evidence
  2. Refuse to do investigations
  3. Refuse equal protection
  4. Refuse crime victim services

Guardian Ad Litems (GALs), "Child and Family Investigators" (CFIs), Child Protective Services (CPS), CAFCASS, Custody Evaluators, Psychologists, and other court cronies that help fix cases against the noncustodial parent (NCP):

  1. Commit fraud upon the court in their Reports and Recommendations
  2. Commit perjury on the witness stand
  3. Program children to despise the 'other' parent, the noncustodial parent (NCP)
  4. Coax children to act out against the NCP
  5. Ask the kids leading questions during investigations and misquote them if they say anything endearing about the NCP
  6. Refuse to interview the NCP's witnesses
  7. (From Matt Thompson and Brad Howe) Ignore formal complaints and evidence, and tell the NCP to take their issues up in court; and going along with the custodial parent's lies to the kids and frauds upon the court
Apparently many Private Investigators, Court Watchers, and Parental Rights Advocates, the Press, and others that could make a difference for thousands of broken families if they weren't receiving Hush Money from the Judicial Mafia:
  1. Refuse their services to Pro Se litigants, indigents, desperate parents and other 'Targeted Individuals'
Feel free to post this list on your Wall and spread it around far and wide. Please send me the comments you receive and thank you for your help in completing this list.

8 comments:

  1. Going on for over 20 years Government
    State Sanctioned Kidnappings!
    Could Your Child be next?
    See how and why it happens and
    what you can do to stop it!
    Knowdedge is power! See Documentary .......
    Deconstructing America

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  2. This is exactly what happened to my daughter they did nothing including turning over papers for me to get custody of my grandkids. I never saw anything of the papers because the casworker said she took them with her when she left and said she faxed them back to Jackson County Dfacs.

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    1. Anonymous,
      Not quite sure what you are referring to, but, as a Grand Parent, if you have stated, through the courts, as having interest, you should have been given copies of the proceedings, especially if your daughter requested your involvement.

      Also, here is a State Summary of Grand Parents Rights>>> http://grandparents.about.com/od/grandparentsrights/a/VisitationRightsByState.htm Although this talks of visitation, there is also info about custody.

      I am not a lawyer, but I hope this may be helpful?

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  3. This, in regards to case fixing tactics deployed by judges, occurs quite a bit in Chatham County, GA Superior Court. Well at least between a certain attorney and one specific Judge in particular, quite a bit. This particular judge will dole out ex parte's in modification/ initial divorce actions like candy without ever making an attempt to verify the accusations. Then when the defendants make an objection or motion to vacate ex parte the judge will ignore the motion entirely and allow the defendant to be punished (by way of shifting attorneys fees) to the defendant making the request. Its almost systematic and typical that this certain attorney starts each action regardless of circumstance or without even an attempt to contact the defendants know attorney(s) with an ex parte order placing the defendant in false light of the court and legally and emotionally at an extreme disadvantage due to the loss of custody of the minor child(ren). The orders always recite the "Best Interest and Welfare" language however prove to have anything but the best interest or welfare of the minor child(ren) in consideration totally denying them access to the other parent sometimes for considerably long periods of time to exceed one year. The Judge will allow this certain attorney to delay all hearings as long as possible as well as allow the plaintiff (his client) to hide behind the ex parte order even though GA law states that an ex parte expires as an operation of law if no hearing is held within 30 days of issuing the order. What this amounts to is complete and total abuse of discretion and a direct and obvious display of biased and impartiality of this Judge. It further violates the Constitutional rights of the defendant and allows both this attorney and his client to use the legal system as a sword......... and for some reason nothing gets done about it no matter who you complain to and no attorney practicing within a reasonable distance of the jurisdiction will ever go against it b/c they have to practice in front of this same judge for other cases.........

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    1. Yes, I think you captured the tactics of the current legal court system as it actually exists. Perhaps most importantly, to handle certain issues, they actually need to be presented in two different courts.. ie the alleged allegations of child abuse are addressed in the Family Courts; and the violation of our Constitutional Rights are usually addressed in Civil Courts.
      Although, I know nothing of the particulars, I will say that it is vital that for each and every allegation one must do their homework and make every attempt to get the information on the record via a declaration. This includes the statutes, proof, and even related appeals. Not an easy task but vital.. And yes, stalling is a prime technic, as is a judge, biased by the information given to them by the alleged experts. Plus, the conflict of having lawyers for individuals. When in fact, if they were thinking the importance of maintaining a family unit, perhaps the alleged Best Interest might go in similar direction. (Divide an conquer, is the theme of this last statement and yes very effective for the prosecution)
      Don't have to tell you that the basic tactics are to make the parent and/or primary caregiver to look like the Worst Person in the world. However, in defense, one should take the stand that, we can not change the past, but all of us have learned from our past, and here we are today and it is in ALL of our best interests to maintain our family unit.
      Please note, I am not a lawyer, and can not give specifics. However, and if you seek legal council, whether in Family Court or Civil court, you must clearly present the Who, What, When, Where of you particular situation. And of course, pray that you have the right lawyer that is will to work with you as well as stand up to the agency.

      Plus, and most important, before one can even start a case relating to the Civil Rights (Constitutional) they must resolve their issues in Family Court. Both not an easy task.

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  4. Can u help me figure out what to do with my case. I could put a check mark on 75% OF THESE in your list. I am totally helpless I feel. I cant let these people defeat me for my childrens sake. Cps has done enough damage. When can we be reunified so we can move on with our lives as a unit.

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  5. To tell you the legal specifics on what to do, since I am not a lawyer, I can not. On our Freedom Talk Radio show every tues., had as one of our guest, Shawn McMillan in CA and a top Civil Rights Lawyer, I asked him that question.. ie when is it considered giving legal advice? His basic answer, at least in CA, it is a gray area. However, to consider a client, they must clearly describe the Who, What, When and Where of their particular situation. Something, that, my self, and my affiliation ask everyone to do. We call this step creating your law book, and one of the first issues discussed in "Reason for a Law Book">> http://nfpcar.org/Shadow/#Reason_for_Law_Book_

    I am mentioning this point since it will become the foundation for your Declaration to present to the court and hopefully get your side of the story on the record?

    However, and unfortunately, too many go to court unprepared and actually don't understand the level of Proof needed in court. Hopefully, your lawyer as well as you are very familiar with this. The level of proof in court is called "Preponderance of Evidence", which to some means for either side to win their case all they need is 51% proof.. Noting, that in order for TPR to occure, and in most states, it must be Clear and Convincing.. Which you might say is on a sliding scale or somewhere above 51%.

    To understand what I am talking about, please go to this discussion in our online Legal Terminology Page>> http://nfpcar.org/Legal/legalprint.htm#Preponderance_of_evidence

    However, and unfortunately, many do not have a basic understanding of the Family Court system, and/or obtain a lawyer, who may understand, but is reluctant to stand up to the agency in their clients behalf.. Hate to say this, but probably a reason I have called to many lawyers, idiots :).

    It is vital for anyone accused for allegation, must do their homework, plan their defense, know the state statute summaries, particular to their concerns, know the other player's attitudes, biases, etc. before they go to court. I would love to help everyone put this all together.. But in my case it took me over three months to research and organize this information. Here is an index on State Statute Summaries that I put on our site, but is from the Child Welfare Information Gateway, perhaps the key web site to research for an answer>> http://nfpcar.org/States/Summary/

    Finally, from one of my blog posts, here is an example of what one of our members did, when assisting this mom>> "Basic Example of a Great Defense". It has all the elements needed for a Proper Defense. Link: http://defend-yourself-go-pro-se.blogspot.com/2011/11/basic-example-of-great-defense.html

    And heck yes, it is frustrating, since you may do all this, but even then the agency, may win their case against you. Like I said, this is not an easy task, we must never give up, and the only positive feeling we may have is that in our hearts we knew we were right. Please note, I have been in this movement for over a decade, and actually, over time, the children have returned to their parents/guardians after they aged out of the system.. Yes, sad, but rewarding to a family when this happens.

    May you find strength in Your Higher Power,
    Granpa Chuck
    Keeper of the webfiles for http://nfpcar.org

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    1. Well I have 3 boys. my oldest son is 7. my two and a half year old, I was positive for meth. they took them from the hospital at 2days old. I since then have been clean. I jumped through their hoops. Promptly. Did what they asked of me. the promised me then they would return my boys. currently I gave birth to a boy who is 11 months and he's home with me. they gave my oldest to his biological father in which he was never in his life. they changed him for responding to an interested party. he committed perjury to do so leaving my middle child with 2 females gay couple... gal took a brieb. our lawyers are hired by cyfd contract. in which they do not represent what we perso,nally think don't file paperwork, never provide us with all the information and court proceedings. advised us to just take a plea. the list goes on and on and on and on. the judges of changed 3 times. haven't been notified about court dates properly. lawyers weren't there for FC M. foster parents intervene. never let grandparents intervene. separated siblings. and much more. not to mention giving my newborn a flu shot in which he's allergic to eggs. Help lost 2 pounds at 7 months. .....

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