FBI violated my son's ADA rights

Cops can't use anything against deaf or HOH if they not have an interpreter at the time of arrest!
The OP need to talk a lawyer that understand the ADA Act.

He's already been tried and convicted. They're going to have a rough time trying to prove his rights were violated at the time of arrest.

But, yes, the place to start is with a damn good lawyer who understands the ADA law.
 
That is not entirely correct.

It didn't sound correct. It sounds like this person's rights weren't violated. It also sounds like the Mom is just grasping at straws to try and help her son. I can understand that, but given that the son has already been tried and convicted of federal crimes, it's going to be really hard to challenge anything; especially if they're trying to say that his rights were violated at the time of arrest.

Personally, I don't know what I'd do; probably what this woman is doing. He's her child. However, reality dictates that she needs to put her energies towards helping her son cope with what is before him instead of promoting his fantasy that he can still get out of this. Obviously, the son messed up on a grand scale. He did the crime, he should do the time.....gracefully. Then, when he gets out, try to rebuild his life.
 
Cops can't use anything against deaf or HOH if they not have an interpreter at the time of arrest!
The OP need to talk a lawyer that understand the ADA Act.

1. Cops do not use anything against the suspects... prosecutors do and the suspect is within his rights to defend himself at the court. Also - the suspect is within his rights to forfeit the trial by entering guilty plea in exchange of reduced sentence or whatever the plea bargain he made with the prosecutor.

2. If the deaf/HOH is being arrested, it's because of criminal offense he has already committed and there is an arrest warrant issued for him. deaf/HOH does not need a terp to commit a crime nor to get arrested. Terp must be provided for if requested for interrogation at police station and his court hearings. As long as the arrestee is informed of his Miranda Rights in any way, shape, or form... his Constitutional and ADA rights are not being violated.

3. I dunno
 
It didn't sound correct. It sounds like this person's rights weren't violated. It also sounds like the Mom is just grasping at straws to try and help her son. I can understand that, but given that the son has already been tried and convicted of federal crimes, it's going to be really hard to challenge anything; especially if they're trying to say that his rights were violated at the time of arrest.

Personally, I don't know what I'd do; probably what this woman is doing. He's her child. However, reality dictates that she needs to put her energies towards helping her son cope with what is before him instead of promoting his fantasy that he can still get out of this. Obviously, the son messed up on a grand scale. He did the crime, he should do the time.....gracefully. Then, when he gets out, try to rebuild his life.

Exactly. Obviously the son has some issues, and has been found guilty of a crime as a result. If she wants to help him, she will communicate to him that when you commit a crime and are caught, you must accept the punishment. That is inherent in deciding to engage in criminal behavior. If the punishment isn't worth the crime, then it is time to ask for help and learn some coping skills that will prevent the behavior in the future. Tough love. A case of "I love you, son, but I cannot accept this behavior. I will do anything I can to help you change, but if you continue this way, there is nothing I can do for you." It sounds like it is far past time for this guy to take responsibility for himself and his poor choices.
 
Oh boy. I am sorry about your situation. I read other website - a vblog commentator about deaf prisoners in Texas as a special unit. That's a federal prison which is better than a state prison because of a fewer accesses for deaf equipment/probably interpreters than none in state... very scary. I know federal and state are very different - for example, white and blue collars.

(Excuse me, it is a little bit hard for me to understand her sign language.)

Here is the source: [ame=http://www.youtube.com/watch?v=eOOUzMjwVLQ]YouTube - the Horror of being Deaf and in Prison[/ame]
 
Oh boy. I am sorry about your situation. I read other website - a vblog commentator about deaf prisoners in Texas as a special unit. That's a federal prison which is better than a state prison because of a fewer accesses for deaf equipment/probably interpreters than none in state... very scary. I know federal and state are very different - for example, white and blue collars.

(Excuse me, it is a little bit hard for me to understand her sign language.)

Here is the source: YouTube - the Horror of being Deaf and in Prison

Start a hew thread with this, WE.

The person in question here was tried and convicted of Federal pornography charges. This Mother feels sorry for this man and was trying to find ways to get him out of this. She'll need to contact a lawyer, but it really sounds like the person's rights weren't violated. There's been no abuse, so this point is moot.

What this guy needs to do is accept that he committed a crime and will be doing a pretty good stint in a Federal prison cell. That's too bad, but if he wanted to stay clear of all this, he shouldn't have broken the law.
 
Oh boy. I am sorry about your situation. I read other website - a vblog commentator about deaf prisoners in Texas as a special unit. That's a federal prison which is better than a state prison because of a fewer accesses for deaf equipment/probably interpreters than none in state... very scary. I know federal and state are very different - for example, white and blue collars.

(Excuse me, it is a little bit hard for me to understand her sign language.)

Here is the source: YouTube - the Horror of being Deaf and in Prison

Good video, webexplorer. She is correct that in prisons, the deaf are left on their own when it comes to hearing and understanding announcements over the loudspeakers. However, if a deaf person asks other inmates for help in that area, all too often it translates into forced sexual favors. It is horrible. I like the idea of having Deaf prisons staffed with qualified professionals who understand deaf culture, counselors who sign, etc. It is so easy to set up and will save taxpayers far more money than they can imagine, since I am convinced the number of repeat offenders will be greatly reduced.
 
That is not entirely correct.

Has anyone given consideration to a deaf person who can neither read nor write English and has no terp.? How then is that deaf person's Miranda rights given? Also, there is a problem with the search warrant being "good" if the person can not read it.
 
Has anyone given consideration to a deaf person who can neither read nor write English and has no terp.? How then is that deaf person's Miranda rights given? Also, there is a problem with the search warrant being "good" if the person can not read it.
What is that deaf person's main communication mode?

I would say that a deaf person who can neither read or write English would have to be fairly rare in the English-speaking world.
 
Has anyone given consideration to a deaf person who can neither read nor write English and has no terp.? How then is that deaf person's Miranda rights given?
Then the Miranda rights can't be explained until a terp (or even two terps, one being a CDI) is present. That doesn't mean a person can't be taken into custody until then. It means the person can't be questioned until then.

Also, there is a problem with the search warrant being "good" if the person can not read it.
The person doesn't need to read or understand the search warrant when it's executed. (That's not just about deaf people but also illiterate people, foreign language people, or intoxicated people.) The person doesn't even need to be present. A search warrant doesn't require permission of the residents.
 
... I like the idea of having Deaf prisons staffed with qualified professionals who understand deaf culture, counselors who sign, etc. It is so easy to set up and will save taxpayers far more money than they can imagine, since I am convinced the number of repeat offenders will be greatly reduced.
That would be a good idea. Are you thinking one national center, or smaller centers, one per state or region?
 
Has anyone given consideration to a deaf person who can neither read nor write English and has no terp.? How then is that deaf person's Miranda rights given? Also, there is a problem with the search warrant being "good" if the person can not read it.

Through an interpreter. But that interpreter has to be requested by the deaf individual.

I have never met a Deaf or deaf person who could not read and write English.
 
Then the Miranda rights can't be explained until a terp (or even two terps, one being a CDI) is present. That doesn't mean a person can't be taken into custody until then. It means the person can't be questioned until then.


The person doesn't need to read or understand the search warrant when it's executed. (That's not just about deaf people but also illiterate people, foreign language people, or intoxicated people.) The person doesn't even need to be present. A search warrant doesn't require permission of the residents.

Exactly.
 
That would be a good idea. Are you thinking one national center, or smaller centers, one per state or region?

In my state, there is one prison with a Deaf Unit, and all deaf/Deaf prisoners are sent to that one prison. The employees are better than the ones for general population, but they could still use a lot of educating regarding cultural issues, ASL, and accommodations.
 
I'm sorry but it sounds as if you're trying to find anything in this forum to get him off the hook by pointing out some ADA violation... good luck.

Getting arrested by FBI and having his computer confiscated? Sounds like pedophile case? cyber stalking/bullying? fraud? Sounds like something serious so get a lawyer. seek legal advice from a lawyer, not forum. good luck.

Yeah, I agree with you Jiro, it would be best to find a lawyer and one that know something about the ADA Act would be better. The guy admitted to committed a crime to the FBI ,it will be tough getting out this unless the guy can prove he did not understand what the FBI what talking about! It was too bad he did not ask for a lawyer before talking!
 
Through an interpreter. But that interpreter has to be requested by the deaf individual.

I have never met a Deaf or deaf person who could not read and write English.
I have met several. :(
 
In my state, there is one prison with a Deaf Unit, and all deaf/Deaf prisoners are sent to that one prison. The employees are better than the ones for general population, but they could still use a lot of educating regarding cultural issues, ASL, and accommodations.
That's true in more than just the prison system, sadly.
 
Yeah, I agree with you Jiro, it would be best to find a lawyer and one that know something about the ADA Act would be better. The guy admitted to committed a crime to the FBI ,it will be tough getting out this unless the guy can prove he did not understand what the FBI what talking about! It was too bad he did not ask for a lawyer before talking!
Are you sure that he didn't have a lawyer prior to confessing?
 
What is that deaf person's main communication mode?

I would say that a deaf person who can neither read or write English would have to be fairly rare in the English-speaking world.

uh ... no, its not that rare.

Rudimentary english yes, complicated matters english, no.
 
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