"WHY DIDN'T MY ATTORNEY CATCH THAT?"

I suppose that many of you may be asking yourselves, "If the criminal complaints and arrest warrants issued in Medina and Wadsworth Muni Courts are constitutionally defective, why didn't my attorney catch that?"

It's an interesting question and one, quite frankly, that's difficult to answer.  I suppose there are a number of factors at play and your attorney may have succumbed to one or more of them.  Let me try to posit a number of theories that may apply:

1)  "I'm afraid to offend the judge."  Many attorneys are afraid of offending the judge, who is in a position to assign them cases.  They fear offending a judge, who certainly has control, to a degree, of the attorneys' paying caseload.  In other words, it's strictly a business decision.


2)  "They've always done it that way!"  This is, in my estimation, probably the primary reason your attorney hasn't recognized that these criminal complaints and arrest warrants are constitutionally defective and challenged them. As you have seen, the United States Supreme Court has decided some of the issues controlling the issuance of criminal complaints as long as 60 years ago.  What I infer from that fact is that the Medina and Wadsworth Muni Courts have been issuing constitutionally defective complaints and warrants for the past 50 years or more!  That is a rather frightening prospect, but it is quite likely true.


3)  "We don't want to rock the boat!"  Some defense attorneys are simply grateful to the prosecutors if they can bargain down a charge to a lesser offense and then brow-beat their clients to enter a guilty plea, in spite of actual innocence.  These attorneys do not want to challenge the prosecutor and the judge for fear that the plea offer will be withdrawn.  Taking a plea to a lesser offense is fine, if the client is actually guilty.  However, when a client is actually innocent, he is actually penalized by the court with a stiffer sentence if convicted at trail, often due to the sleazy, underhanded, and unethical tactics of the prosecutor.


4)  "All I want is the fee!"  Have you ever tried to find a good, conscientious attorney?  Believe me, they are few and far between. Finding a really good attorney is like finding a diamond in a pile of coal.  Many attorneys have no passion for the work and simply just don't care.  They look to get paid for their services, and have no real concern for the outcome or the client.


In any event, it is time to stand up and hold the feet of these prosecutors and judges to the fire!


In an earlier segment of this blog, I suggested that it would be worth your time and effort to write a letter to Chief Justice Eric Brown at the Ohio Supreme Court and demand that you conviction be vacated on constitutional grounds.  If Chief Justice Brown receives enough requests, he will be forced to look into the constitutionally defective practices of the Medina County courts.


As a practical matter. there is no real oversight of courts and judges by any competent authority.  Because there is no oversight, there arise situations such as at Medina where the courts have never been forced to comply with the provisions of the United States Constitution and the law.  As long as the revenue derived from fines and costs continues to flow south to Columbus, the bureaucrats are more than happy to turn a blind eye.  This is precisely how your constitutional rights have eroded over the years! 


MUCH MORE TO COME ....