The System Is Broken. I Am Done.

[Deleted member 34195]

Firing your public defender before you've even met with them seems like shooting yourself in the fo...

it says on sheet that this is a rule 8 court hearing. Does anyone know what a rule 8 court hearing is?? That is all i know. Then an arraignment hearing is in July. No one is telling me anything than it is a rule 8 court hearing......

 

[Friday]

it says on sheet that this is a rule 8 court hearing. Does anyone know what a rule 8 court hearing...

Okay, you're not even at an arraignment, yet. Rule 8 is purely informing you of the charges against you, and your right to counsel, unless you want to plead guilty right then & there (don't), and to modify previous bail or conditions of release, and to schedule a pretrial hearing (aka rule 11 / omnibus).

Essentially, it's the court version of being arrested/charged with a crime, the court is charging you instead of the police arresting you.

The purpose of a Rule 8 hearing is to advise a defendant again of his legal rights. It gives him an opportunity to enter a plea of guilty or to request or waive an omnibus hearing under Rule 11. At a Rule 8 hearing, the court must inform the defendant of the charge against him and his right to counsel. The court also must ensure that the defendant has a copy of the indictment or the complaint against him. The defendant's bail or other previous conditions of release may be modified or continued at a Rule 8 hearing.

The only plea a defendant may enter at a Rule 8 hearing is a guilty plea. If the defendant does not wish to plead guilty, the arraignment continues until the omnibus hearing. The defendant and the prosecutor must also each choose to waive or demand a hearing. An omnibus hearing must be held no later than 28 days unless the prosecution or defense shows good cause to extend the wait time.

Omnibus Hearing in Minnesota
If a defendant has not pled guilty to a felony or gross misdemeanor offense, an omnibus hearing must be held. The main purpose of the hearing, also called a pretrial hearing, is to examine the evidence offered by the prosecution and the defense and determine the admissibility of the evidence.

A party may cross-examine any witness called by any other party during the hearing. This means the defendant and his or her attorney can challenge the evidence presented by the prosecution. If the defense lawyer can argue the prosecution does not have enough evidence to support its case, the charges could be dismissed.

During the hearing, the court must determine whether probable cause exists to believe an offense has been committed and that the defendant is the person who committed it, according to Rule 11 of the Criminal Procedure. The court may find probable cause on the face of the complaint or the entire record, including reliable hearsay.

The omnibus hearing could include a pretrial conference to determine whether the case can be resolved before trial. However, if the defendant chooses to enter a plea, he or she could do so at the hearing. If the defendant enters a plea other than guilty, a trial date must be set.

A defendant must be tried as soon as possible after a plea other than guilty has been entered. If either party demands, the trial must start within 60 days of the demand unless the court finds good cause for a later trial date. The time period begins on the date of the plea other than guilty.

*** To note: I am not a lawyer. None of this is legal advice. Just having dealt extensively with several court systems I went and looked up the info readily available online through the courts ***

I do have to underscore, however, that firing your attorney, before you've even been formally charged, is not wise.

 

[Stickler]

https://www.justice.gov/crt/addressing-police-misconduct-laws-enforced-department-justice

Okay, Friday's really deconfused me, and this would be why you have not heard from your Public Defender.
I DO still think you should contact the *federal* justice department as there appears to be attempts to cover up for an officer's personal misconduct, based on what you have posted.

There are three levels of government: Local, state, and then Federal.

The Federal layer is the top, and if they decide there has been official misconduct, then anyone who has assisted in covering for the cop who was trying to groom you for abuse is guilty.

The cop himself is almost certainly quite guilty of trying to exploit a vulnerable adult, but whether you can get him charged with that is questionable at best.

 

[Neverthesame]

My public defender has not return any of my phone calls for over a week.

Friday answered this better than I could have.

My heart is hurting..... when I say that-- I have angina pain in my heart.

This is very serious. Go to hospital for this, not even kidding.

There's no point in being a martyr, if no one cares right?

My vision is blurry- I suspect is from lack of sleep, crying a lot, high blood pressure and high sugar levels.

Or hyperglycemia. You said you are vomiting as well?
Increased anxiety is also a symptom of high blood sugar. It's also hard on your heart.

2 am. I was on walking on the tracks-- i saw two police cars go by. I saw this one vehicle go by three times and swing around and then stop and stare and slowly drive again- I don't know if that was under cover cop

Maybe it's was, maybe it wasn't. If it was a cop, you must not have looked too distressed. Or they wouldn't have just stared at you.

Irregardless of all this legal stuff, if that cop felt you were going to throw yourself in front of a train. They would have intervened. Believe me, no one wants to scrape bits of people out of railroad tracks. It's a horrid job.

I cried and cried and cried..... i even saw a couple walk past and no one even acknowledge me as human being...

I don't know many people that would approach a stranger at 2 am. I wouldn't take it personally.

I'm not saying any of this to be mean. If I didn't care, I just wouldn't have said anything.

 

[anthony]

Does anyone know what a rule 8 court hearing is??

Google it...

 

[Deleted member 34195]

Google it...

I just didn't understand what it meant. Someone explained it clearly now to me. Thanks

 

[joeylittle]

@Dylan_Green - are you feeling a little bit calmer/better?

I think, if your mental health records have already been subpoenaed, that probably indicates that the public defenders office is already working on your case.

Some public defenders are crappy and burnt out and jaded. Others are not.

You may be adding on violations of your restraining order by sending stuff to the newspaper - I'm not sure. But you might want to hold off on that kind of stuff right now.

 

[Deleted member 34195]

@Dylan_Green - are you feeling a little bit calmer/better?

I think, if your men...

Why would I be violating orders by letting the newpaper know??? They are not the people who put the HRO over me? The Hro stated that i couldn't communicate to the police through phone calls, public locations, emails, 911 non-emergency calls, and on their social media. They have no suspeona my mental health records yet.... I have good news, the public defender finally called-- she told me if I get suicidal, to please go to hospital-- I have calmed down some- I took Adivan and seeing psychiatrist in 20 minutes. I also saw a friend of mine last night. I might see a friend who is coming out of town today... I hope by letting the local news know is not a violation- they are not associated with the police- the one news station already picked it up based on HRO report by police online--- that would not be breaking HRO.

 

[Deleted member 34195]

Okay, you're not even at an arraignment, yet. Rule 8 is purely informing you of the charges...

The public defender got back to me-- She said she is going to ask for a plea deal thing where she is going to try to get one or two of the charges dropped- I still have a criminal record of two misdemeanors on my record if that was too happen instead of maybe four. Then she said she is going to ask the prosecutor and the judge to please keep me out of jail- because of my mental state-- she said that I need my mental health services and if I ended up in jail, i would lose them- so she said there is high hopes that the judge and prosecutor would not want me to lose my mental health services... there is a high probability I will go on probation or something in which I have to do community services and may payments on fines-- I am so poor- I get $729.00 in social security and i have rent and food to pay for and other bills- I hope I can set up some type of payment plan or do community service that will pay off the fines if that was too happen. I have finally calmed down some. Also, the public defender is going to possibly connect me with another pro-bono lawyer in pressing charges against my local PD for refusing to do a police report on that cop- she is quiet disturbed by it and wants me to bring a print out of the email and FB transcript and I told her in the HRO it will show that I had talked about pressing charges against the PD- and then I got slapped right after that with the HRO- the HRO won't allow me to report to internal affairs like the FBI said-- she told me there is two cases going on-- she said we have deal with the charges the PD put against me- then there is serious case against them as well for doing a cover up and protecting that cop. That is huge news!!!

 

[Stickler]

Aha! So things are sounding much better!

 

[Deleted member 34195]

Aha! So things are sounding much better!

I also got good news from my psychiatrist- he said if needed be, he will defend me in the court of law. he told me that if anyone tries to civilly commit me or court order me to take drugs against my consent, he said he will defend me in the court of law. He also put his notes that I do not need to go to jail and need to keep seeing my mental health services and helpers and keep my apartment. He sides with me over the police- he has known me since I was 18 years old. He is known me the longest. He told me that when I told them that the police stated they fear for their lives- he laughed at it cause he says at that is total BS cause he said you don't have a violent history and you are not a violent person- he said they fear you outing them and telling the truth about that police officer- that is the truth-- the commander said if people knew about that cop that would ruin their reputation and integrity as a police department....... also, he made notes months back about that cop who groomed me-- he said he wrote about him in my notes- I told my psychiatrist about him. It is documented. :-) He also had me sign releases with the public defender and my mental health helper and therapist--he said he put in the notes to keep me out of jail, to continue going to my appointments, taking my meds and to keep my apartment and be in the community. Also, he said if the county tries to civilly commit me, he said he will defend me in the court against them- he said I am not a danger to myself or anyone in the community. I told him everything. I saw my MD medical doctor the other day too- he said I don't deserve to go back to jail. Yes, I made mistakes- they all stated that should not equal jail time.

 

[Stickler]

When we are severely depressed, we often think the very worst is going to happen. That's a characteristic of PTSD too.

It can be true, but...not necessarily. Sometimes things DO work out ok. Hard to remember that.

:hug: