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In 08/1989; I was wrongfully falsely accused, which they put two accounts of 288(A) charges upon me? On or about 08/14/1989; while I was watching a twilight zone episode, my 7 yrs old niece asked me to play with her. And I told her I will play with you after I finish watching my movie. She replied,Ok. And she walked away; but as she was walking away, I tap her on the behind in innocence, not meaning absolutely nothing behind it, in the front of it, or in the middle of it, Nothing. It was a tap as like a person give a friend or someone they know a tap on their shoulder, a rub on your son’s head or the like, again not meaning nothing sexual about it. However, after I had tap my niece on the behind as she walked away, and I was still sitting there watching my movie. After 20-25 minutes later; a police officer ringed the door bell and I answered it and he said, there was a little girl that called and said, James touched my parts? The officer said, can I come in and we can talk about it, this may can be resolved. (Being shocked and surprised of why my niece called the police was beyond me?) But I had absolutely nothing to hide, so I let the police officer in; without realizing it; that was my most biggest mistake that I ever made and ruined my life from 08/1989 to this very day of 02/20/2011. I told the police officer of what you read above; but his reply was “Put your hands behind your back, you are under arrest. No rights, Nothing. From there, got to the police department, this officer lied and twisted things up, had other police officer standing around looking at me like their were getting ready to actually kill me right there on the spot; and from there it went from bad to worse. Did not know what a 288 P.C. charge was which they put upon me, until I read about what it mean today, which is briefly to say is behind a thought (which I did not have such thoughts.) Was appointed a so called attorney, still in private practice, (couldn’t afford an attorney for myself, was unemployed at that moment.) which he did not even ask me what happen between you and your niece? Found out today that he was not even a Public Defender, against four District Attorneys; no rights given to the right to be tried by a jury of my peers? Did not plea guilty, in fact was not asked just what do I plea? The district attorney did not prove the charges beyond a reasonable doubt at the trial, no doctor statement, not even the arresting police officer did not show up to absolutely no hearings or court date to witness, Nothing. But I did found out just why my niece called the police after I was release from custody after 107 days in jail behind this untrue mess. My sister told me that she taught her daughter to call the police if anybody touched her on her private parts. This was after my sister had some kind of fallout (that I did not know about and was absolutely unaware of it!) a fallout with her ex-husband that was doing these kind of things with his step-daughter, which caused their divorce, Etc. Although sister did not intervene while I was in custody; which today she realize this was an mistake on her behalf. At that time I did not know that you had 30 days to file an appeal on a felony charge. My appointed attorney asked me will I take probation? I told him, why should I take probation for something I did not do. After being in jail these 3 months; still I did not give a plea to guilty; but I then decided to take the 3 yrs of probation just to get out of jail; which I had a female probation officer. And she gave me the look of that I should of had been put to death. She did not tell me nothing about the 30 days appeal time or nothing of any help, just against me. I had to change from this woman. It was after three months of having this female probation officer; that I was appointed to a male probation officer. And he’s the one that told me that I will have to sex offender registration for the rest of life. Shocked at this among all other unknown troubles and my life been extremely uncomfortable since then, in places to live, employment, girl-friends that had a little girl or girls, once telling her about this untrue story, mentally I can see the relationship starts to fade and then end at the wink of an eye. She’ll say it’s this or that; But I know better!. Wrongfully accused of being a sex offender. Today, I attend on argue slander, libel, and defamation of charaacter, actually all three. Basically this means that they ruined my reputation, accused me of something I did not do Etc. If we all were arrested behind a thought (if it was, which in my case it wasn’t) arrested behind a thought is a bunch of crap. We’d all be in jail for thinking about doing bad things. Even people who are being set up, for hiring someone to kill somebody else, have to actually pay the “killer” before that criminal can be arrested. They can’t take them to jail for just thinking about hiring somebody. I don’t see just how someone can go to jail for thinking about a crime. Although no one should think like this anyway, but we all do from one time to another, as human beings. In my case, this is what they done to me. And all I seem to hear it that it’s too late to appeal this situation. But I think if the court can charge a person for a false, wrongful accused of crime charge for the rest of their life; they also have the right to fight against that false, wrongful accused of charge for the rest of their lives, correcting the charge as though it never shouldn’t had happen from the start. Seven years ago I apply for pardon to Governor Schwarzenegger, and heard from him on May 28, 2010; which he declined to grant me the pardon. But this didn’t surprise me! Asking Governor Schwarzenegger for a pardon is like asking the Devil to ask God to bless you, knowing he’s not going to do this. Like-wise it was this way with Governor Schwarzenegger.

I will like to hear you reply on this issue that happen to me.

James


User story by James in California/San Bernardino County

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2 Responses Leave a comment

  1. Ms.J says:

    In 2005, I was falsely accused of theft and forgery. The case went on for two years and I was never found guilty on any of the charges. The case was eventually thrown out. I never pled or had been on probation. So, my question is, because I have this blotch on my other wise clean record, why does this keep popping up on my back ground checks, even though I was never convicted? And should I go ahead and get it expunged?


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