--- Legal Issues & Court Cases Affecting Sex Offenders ---


--- Attorneys ---

REASONS FOR NEEDING AN ATTORNEY: If you are needing an attorney for something to do with marriage or divorce or child support, then depending on your financial circumstances, you will have to contact either a private attorney or your local legal aid. For these consult your local phone books.

For criminal matters, including issues such as "failing to register" whether you are right or wrong, again depending on financial circumstances, either your local phone book or you may ask the court to appoint one for you.

Next, to assert constitutional issues related to your state sex offender registration, you may wish to contact your local chapter of the ACLU. There are times when it may appear to be a criminal matter, but you wish to assert that registration is unconstitutional in your case, it is wise to talk to your local ACLU chapter. For a list of those chapters see our LINKS PAGE at the very bottom of the page.

THE GREY AREA: Lately this area has been expanded because of registration issues. ex: if you are facing eviction proceedings, because you are a sex offender or some issue related to registration, check with your local ACLU to see if they will handle the case. However, if you are facing eviction because of some rule violation, unrelated to being a sex offender or a family member of a sex offender, then you will need to seek private counsel or legal aid.

Then you can check our Court Cases Pending page there might be an attorney fighting a case now in your area.

For other grey area matters you might want to try the Pro Bono lists below. If they cannot help you ASK FOR A REFERRAL TO ANOTHER ATTORNEY -or- SCAN YOUR PHONE BOOK FOR AN ATTORNEY REFERRAL SERVICE.
Pro Bono ATTORNEYS/LAW FIRMS: Pro Bono Attorneys are those that take cases and do not charge for their services. These attorneys/Law Firms have not been checked to see if they still provide these services, so when you call make certain that you ask if they do Pro Bono work before you sign any papers with them.

Further, this listing is no more than a listing, and should not be construed to be a recommendation, we do not recommend attorneys, you must talk to them and see if they fit your circumstances, then decide whether you want them to take your case, before you sign any papers/agreements.

Pro Bono List 1
Pro Bono List 2

AARP: Free & Low Cost Legal Services AARP is an organization for older Americans, generally 50 and older.
Attorney Referral Service Always ask if they know of attorney if they cannot help!
The Bluhm Legal Clinic: Generally, clients are low income and reside in the Chicago metropolitan area. !
Maryland Legal Aid Bureau.
New Jersey Legal Aid for the Poor.
Tennessee Bar Associations, Legal Aid Services, and Professional Organizations.



In matters related to, the police -or- the state, you should consider the following article, and make your own decisions as to its applicability to the situation you find yourself in at any moment!

We are of the opinion that, an attorney is the only one to seek advise of, and not until retained! i.e., working to protect your rights.

THE POLICE CONTACT: SILENCE IS GOLDEN

By Carl F. Worden

I have debated writing this article for months.

I am a strong supporter of law enforcement, and I have an extensive background in law enforcement. Even now, I have a number of conflicts which cause me great concern with how the information I am about to impart to you will be used. I do not want to enable the criminals in our society to thwart justice, but I am committed to protecting the innocent from what appears to be an explosion of police abuse. In a case like this, I choose to protect the citizens.

I will start with law enforcement contacts with regard to traffic stops for suspicion of driving under the influence of alcohol or drugs.  The Fifth Amendment of the Bill of Rights states that we are not to be forced to incriminate ourselves. The actual wording is that you cannot be "compelled" to be a witness against yourself. If you are stopped for suspicion of DUI, these are your rights, regardless of the laws of your state.

First, you are to deny having consumed any alcoholic beverages whatsoever.  You are never to admit to having one or two drinks. If you admit to consuming even one drop of alcohol, you open the door to probable cause, allowing the police officer to search your vehicle for open containers.  Next, you are never to submit to a field sobriety test. You are to refuse to do so. They cannot make you walk the line, balance or anything else. If arrested, you are to refuse to allow a blood or breath test, regardless of what state law requires, such as revocation of driving privileges for a period of time. That is an attempt to compel you to be a witness against yourself. Supreme Court decisions in this area are quite specific with regard to your rights as follows:

Lefkowitz v. Turley: 94 S. Ct. 316, 414 U.S. 70 (19 73). "The Fifth Amendment provides that no person shall be compelled in any criminal case to be a witness against himself. The Amendment not only protects the individual against being involuntarily called as a witness against himself in a criminal prosecution but also privileges him not to answer official questions put to him in any other proceeding civil or criminal formal or informal, where the answers might incriminate him in future criminal proceedings."

McCarthy v. Arndstein: 266 U.S. 34, 40, 45 S. Ct. 16, 17, 69 L.Ed 158 (1924), squarely held that "the privilege is not ordinarily dependent upon the nature of the proceeding in which the testimony is sought or is to be used.  It applies alike to civil and criminal proceedings, wherever the answer might tend to subject to criminal responsibility him who gives it. The privilege protects a mere witness as fully as it does one who is a party defendant."

Maness v. Myers: 95 S Ct. 584, 419 US 449 (1975). "...where the Fifth Amendment privilege against self-incrimination is Involved ... This Court has always construed its protection to ensure that an individual is not compelled to produce evidence which later may be used against him as an accused in a criminal action... The protection does not merely encompass evidence which may lead to criminal conviction, but includes information which would furnish a link in the chain of evidence that could lead to prosecution, as well as evidence which an individual reasonably believes could be used against him in a criminal prosecution. Hoffman v. United States, 341 US. 479, 486, 71 S. Ct. 814, 818, 95 L. Ed. 1] 18 (1951). "

In Kastigar v. United States, 406 U S 441, 92 S Ct. 1653, 32 LEd. 212 (1972), we recently reaffirmed the principle that the privilege against self incrimination (5th Amedment) can be asserted in any proceeding, civil or criminal, administrative or judicial, investigatory or adjudicatory Id., at 444, 92 S.Ct., at 1656; Lefkowitz v. Turley, 414 US. 70, 77, 94 S. Ct. 316, 322, 38 L.Ed. 2d 274 (1973)...

Miranda v. Arizona: 86 S.Ct. 1602, 384 US 436 (1966).  "We have recently noted that the privilege against self-incrimination --- the essential mainstay of our adversary system-is founded on a complex of values ... To maintain a fair state individual balance, to require the government to shoulder the entire load ... to respect the inviolability of the human personality, our accusatory system of criminal justice demands that the government seeking to punish an individual produce the' evidence against him by its own independent labors, rather than by the cruel, simple expedient of compelling it from his own mouth... ln sum, the privilege is fulfilled only when the person is guaranteed the right to remain silent unless he chooses to speak in the unfettered exercise of his own will."  "...there can be no doubt that the Fifth Amendment privilege is available outside. of criminal court proceedings and serves to protect persons in all settings in which their freedom of action is curtailed in any significant way from being compelled to incriminate themselves."

Please also note: The above, as stated by the Supreme Court, are rights and privileges as guaranteed by the Constitution, and anyone (including judges) who knowingly violates those rights may be civilly and criminally liable under several federal statutes. Please see: United States Code, Title 18 Section 241 (Conspiracy against rights), and Section 242 (Deprivation of rights under color of law); Title 42 Section 1983 - Section 1986 (Civil Rights). Most attempts to pursue action under these laws fail, but very skilled litigators with good factual circumstances can sometimes get some satisfaction. However, if more individuals were to understand the above rights and exercise them at the appropriate times, more successful litigation could be the outcome.

Okay, you got that? You cannot be forced to provide evidence against yourself, therefore you must not allow any tests whatsoever, be it field sobriety "walking the line", or a blood or breath test. Period. If you will follow these instructions, they have no case against you and they are also barred from taking away your driving privileges under the same Supreme Court rulings.

Now to more serious matters:
Because you have stayed mute, giving law enforcement nothing in addition to the extrinsic evidence and witness information at hand, the burden of proof available to the district attorney is severely limited and will most often result in a dismissal of charges unless their evidence and witness input is overwhelming and compelling enough for a grand jury to return a bill of indictment. And even if bound over for trial, the jury will be limited to consider only that evidence and witness input.

There are literally thousands of people behind bars today who tried to talk their way out of a law enforcement contact. Don't fall for the ploy. Law enforcement officers are trained to bluff you into making denials or statements. They will appear friendly and reasonable. They will appear willing to help resolve the matter. They will tempt you to talk about it and appear sympathetic. Don't fall for it. Say nothing. Give them nothing. Deny nothing. Give them NOTHING. Stick your tongue between your teeth and bite down - HARD. You are to be a marble statue. You do not exist. You have no past, you have no address, you have no name, you have no social security number. You are to give them nothing whatsoever to work with.
Copyright ©2003 LAMP.
"There are a thousand hacking at the branches of evil to one striking at the root."
- Henry David Thoreau -

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