To FL State Atty 20th Circuit Stephen Russell, re Papers and Procedures for Bringing Criminal Charges of DUI against a Defendent

Susan A. filed this request with the State Attorney, 20th Circuit of Florida.

It is a clone of this request.

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Completed

Communications

From: Susan A.

To Stephen Russell, State Attorney -- srussell@sao.cjis20.org

Pursuant to Florida's Sunshine Law (Fla. Stat. secs. 119.01 to 119.15 (1995)), I hereby request the following records:

Seeking a certified copy of the public record(s) known to you, Stephen Russell, an elected official (the FL State Attorney of the 20th Circuit), of the following:

1) the template or blank document(s) your office uses when you decide to file a criminal charge against someone for a crime such as DUI; to notify the court of your decision to file that criminal charge; and

2) the template or blank document(s) your office uses when you decide to file a criminal charge against someone for a crime such as DUI, to notify that individual of your decision to file a criminal charge; and

(3) the policy and procedure(s) the state attorney must follow in order for the state attorney to bring a criminal charge, such as DUI, as none of the procedures posted in your public defender's website were followed after I was falsely arrest for a DUI in Oct 2000. Here is what the public defender's
site states:

http://www.pd.cjis20.org/cjinfo.aspx?Info=arrested

1. "Within 24 hours, you will appear before a judge." I was never told to appear before any judge. I was never arraigned.
2. Because I was never told to appear before any judge, not within "24 hours" and never, no judge ever did the following (which is supposed to happen
with a judge, according to the public defender's site above):

--"Tell you the charge(s) for which you have been arrested." - The sheriff's staff at the county jail told me the three criminal charges; not any judge.

--"Determine if the police had sufficient probable cause to arrest you for charges." No one ever did this. The police did not have probable cause in my case.

-- "Inquire if you will hire a private attorney to represent you or determine whether you qualify for the services of an attorney with the Public Defender's Office." I was employed as an adjunct part-time at UCF and did not have the financial resources to hire a private attorney, but no judge and no one else
including two private attorneys, ever told me a public defender exists in Collier for DUI cases or that I qualified for one, even though I now know I did qualify for a public defender, if charges were being brought against me.

-- "If you qualify for our services, the judge will start the process to get the Public Defender's Office appointed to your case. Before our office can assist you, the Public Defender's Office must be appointed by the court." No "judge" ever helped me get a public defender because I never was told to appear before any judge, and no one in the county jail ever mentioned a public defender to me.

-- "Decide if bail is allowed in your case, and if so, how much." The sheriff's staff in the county jail, and not any judge, set bail at "$1,700" which my elderly parents had to pay for me to be released from jail.

In addition, another $1,500 had to be paid by my elderly parents to get my car out since the police impounded it. And, another $1,500 was paid by my elderly parents to a private attorney Donald Day, even though I now realize: you decided not to file criminal charges in this DUI case.

I now believe you decided not to file criminal charges that because you knew from phone calls made to you by two corrupt private attorneys in Naples that I had taken a urine test after being let out of jail -- thanks to my elderly parents taking me to our family doctor who ordered a lab to give me one immediately, and we then chose a lab at random where I took a urine test and my urine was clean.

I was not DUI. I was falsely arrested for a DUI, and arrested without probable cause.

In addition, I believe you viewed a police video showing the battery the Naples Police inflicted on me when they opened my car door and yanked me out of my car by my left wrist, which was illegal for them to do.

So, with the lack of any traffic violation (as I did not cross any medium yellow line as was falsely alleged by Naples Police, and which is proven on video),

and the lack of any DUI physical evidence from police (as I did not blow, and my physical evidence from a urine test later was admissible in court, as Jeb Bush then governor did not yet change the laws to continue his Dirty DUI scheme against The People),

and as you saw the illegal battery against me by Naples Police on video, I believe you decided:

not to file criminal charges against me. I believe you knew: this was an arrest made "contrary to law."

So, my elderly parents have now paid upwards of $4,700 for a fake DUI arrest of their daughter, the first and only time I was ever arrested for anything. And my widowed mom is still out that money.

Even though: I was eligible for a public defender at no cost, due to my low income as an adjunct, had your office decided to bring charges.

The public defender's website also states the following:

http://www.pd.cjis20.org/cjinfo.aspx?Info=arrested

"Filing Charges and Arraignment If you are in custody, the State Attorney has 30 days from your arrest date to file formal charges against you. [....] It is up to the State Attorney whether or not to file charges against you. After formal charges have been filed against you, you will be arraigned. At that time, the filed charges will be read to you and your attorney will enter a plea for you. If you plead not guilty, your attorney will request a trial."

But the website does not provide any public record template documents showing what those documents to the court or to the individual looks like if the state attorney's office decides to file charges against an individual.

I have never seen any documents showing any charges filed against me.

I was never arraigned.

I was never "read" any charges by anyone.

I never entered any plea anywhere.

But since no one ever directed or informed me to appear before a judge "within 24 hours" -- I was deprived of my constitutional right to due process, and to my right to legal counsel in this criminal matter (if you office had decided to file criminal charges against me, which again, I now realize, 15 years later: you and your office decided not to file criminal charges against me. And attorney Donald Day's subsequent fraud in court was exactly that: fraud. As I believe you already know.).

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I would request your response within ten (10) business days.

Sincerely,

Susan Alyn

From: Montecalvo, Richard J.

Ms. Alyn,

On October 5, 2015, you requested:

Seeking a certified copy of the public record(s) known to you, Stephen Russell, an elected official (the FL State Attorney of the 20th Circuit), of the following:

1) the template or blank document(s) your office uses when you decide to file a criminal charge against someone for a crime such as DUI; to notify the court of your decision to file that criminal charge; and

2) the template or blank document(s) your office uses when you decide to file a criminal charge against someone for a crime such as DUI, to notify that individual of your decision to file a criminal charge; and

(3) the policy and procedure(s) the state attorney must follow in order for the state attorney to bring a criminal charge, such as DUI, as none of the procedures posted in your public defender's website were followed after I was falsely arrest for a DUI in Oct 2000. Here is what the public defender's
site states:

In response to your request, please see the attachment to this e-mail. It is a three (3) page document, in PDF form, which consists of a template of what is called an "Information" (two [2] pages) and a "Notice to the Clerk" (one [1] page). The PDF attachment satisfies requests 1) and 2) above.

As for request (3) above, the State Attorney's Office has no "policy and procedure(s) . . . must follow in order . . . to bring a criminal charge. . ." As for your reference to "your public defender's website," be advised that we are NOT the Office of Public Defender and what appears on their website is irrelevant to the State Attorney's Office.

Consider your request of October 5, 2015 answered. As a courtesy, the Office of the State Attorney will not charge you for the time to recover the documents which fulfill your request. The Office of the State Attorney reserves the right to charge you for future requests pursuant to Florida Statutes.

Richard J. Montecalvo
Assistant State Attorney for Special Prosecutions
Office of the State Attorney - 20th Judicial Circuit of Florida
P.O. Box 399
Fort Myers, Florida 33902

From: Susan A.

I consider this answered, but I now realized NO CHARGES FILED was the status of the arrest in my situation. No paperwork is provided to a person from your office when NO CHARGES FILES is the final disposition; is that correct?

From: Montecalvo, Richard J.

Your request of November 12, 2015 (highlighted in yellow below) is a question and not a Public Records Request. If a person is represented by counsel, then counsel is notified of a filing decision. If a person is not represented, then notice is sent to last known address of that person.

Richard J. Montecalvo
Assistant State Attorney for Special Prosecutions
Office of the State Attorney – 20th Judicial Circuit of Florida
P.O. Box 399
Fort Myers, Florida 33902

From: Susan A.

Your answer pertains to a "filing decision" or a decision to "file" as I understand it.

That doesn't really address my question.

But again - when NO CHARGES ARE FILED, which is the actual status of my false arrest, and the situation I was asking about, is that:

No paperwork is provided to a person from your office when NO CHARGES FILED is the final disposition; is that correct?

And I believe the answer, though you did not give an answer to THIS question of NO CHARGES FILED, is NO PAPERWORK because the final disposition is NO CHARGES FILED.

Because I did not receive anything in writing from your office, and I know now the final disposition was NO CHARGES FILED. All I received was a phone call telling me: NO CHARGES FILED.

My understanding is that your office no longer phones the person. (This false arrest that happened to me, with no charges were filed, happened to me back in October 2000.)

I did receive a phone call -- how your office got the phone number of my parents' house where I was staying I do not know. But I know I never received any written notice which I thought would be sent, stating clearly in writing no charges were filed is the final disposition, but, I never received any such notice. Just the phone call. WHen I later asked if I should have received a notice informing me of no charges filed, I was told there is no such letter.

So, if charges are filed, a person is mailed a notice, and if NO CHARGES FILED is the final disposition, then nothing is sent is what it appears happens from your answer and previous answers I have received from your office.

It seems to me, however, when a person is arrested, falsely, as I was, and battered by police, as I was, and falsely imprisoned, as I was, the very least your office could do when you decide NO CHARGES FILED is the final disposition is to make that final disposition perfectly clear, in writing, in a letter to the person.

Because by not doing that, others can lie to you, such as corrupt attorneys, and a corrupt court clerk, and others.

There is a whole lot of corruption in Collier County, and Florida, as I learned from my experience, which is why I will never go there again and I am glad I am not there now.

I feel sorry for all those falsely arrested. It is like the first step on a never-ending Highway to H*ll.

Thank you for your response, though it seems to me a non-response.

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