I was thrown in jail for two weeks on some false allegations...Im currently out on bail for pwi marijuana charges. There was an altercation ...

Question

I was thrown in jail for two weeks on some false allegations...Im currently out on bail for pwi marijuana charges. There was an altercation with the judges clerical worker, unfortunately it happen to be the judge that I had to see for my pwi case,(which I no longer have to see because of conflict of intrest) the whole situation came about when this clerical worker drove to where my wife was at with her intention to fight my wife. She came out the car screaming and yelling towards my wife, they both start fighting. My wife ends up getting the best of her, that's when I came in and broke it up. I called my lawyer, asked him should I make a police report knowing that im out on bail and figure this women would eventually twist the whole story up. My lawyer told me as long as there is no police contact don't worry about it and let the situation die down. Come to find out this women went to the hospital and made a police report lying that my wife and I attacked her. So the next day the judge who she works for calls the 1st asst DA and the DA called my bailsbond threating to take her house away if she didn't pick me up. The bailsbond picks me up takes me to prison. Im thinking charges are going to be filed within 72 hrs. While Im in jail my wife gathered about twenty witness that where there the day of the incident, the most important one being the victims brother who seen the whole altercation. He went with my wife and lawyer to meet with a detective and made a hand writing statement on my behalf stating the whole truth that I didn't strike his sister. Mind you she has no witnesses. So two weeks of me being incarcerated my bailsbond must of came to her true senses and ends up getting me out of jail realizing im being held in jail with no assault charges. Not even 4 hrs of me being release from jail the DA calls my bailsbond cursing her out telling her what kind of bailsbond would take that piece of sh#t out of jail. You could just imagine he called me every name in the book. He once again threatened to take her property away from her if she didn't turn me back in. She let him know that she wasn't turning me back in because I've been held in jail for two weeks without no new charges. This judge and DA keeps calling my attorney and bashing me. My attorney at one point telling them to chill they've only heard one side of the story. I don't think it's right this judge is taking side just because she works for him. I also don't think it's right the way higher authority uses there power to do whatever they want and get away with it. My questions are what can I do about this matter? Do I file a complain against the judge or DA. Would this be a civil rights issue and what lawyer would you recommend on this issue?

Answer

You have to clear the criminal charges first. I understand none are filed yet. You should wait to see if any are filed--the statute of limitations is 2 years--and then proceed. (I'm not saying to wait 2 years, just advising of the SOL). You can speak to an attorney about this but the first thing is to determine if charges will be filed.