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Dallas man sues after what he thought was 'clean' alias lands him in jail for months
The Dallas Morning News ^ | January 8, 2011 | KEVIN KRAUSE

Posted on 01/08/2011 7:26:42 AM PST by Texican72

Mario Miramontes figured during the traffic stop that he could conceal his arrest warrant by giving the police officer the name of his cousin – a 25-year-old husband and father who he believed had no scrapes with the law. After all, he had used the name before when in a legal bind.

But Miramontes' plan backfired badly when it turned out the cousin also had a warrant – on charges that he had fondled an underage relative. Still, Miramontes, 22, of Dallas, felt that the error would be discovered when his fingerprints were run at the jail. His parole violation would result in some time behind bars and then he would be released.

It didn't happen that way. Instead, Miramontes spent 13 months in the Dallas County Jail without access to a lawyer or court hearing for almost the entire time before the mistake was discovered. He is now suing the county, Sheriff Lupe Valdez and District Attorney Craig Watkins for ignoring his repeated pleas for help after the 2007 arrest.

"I thought his name was clean," Miramontes said about his cousin, Christopher Ayala, before hanging up and promising to call back. He never did.

Because Miramontes had used his cousin's name before to escape legal troubles, the two men were inextricably linked in Dallas County criminal justice computers, which listed Ayala as an alias for Miramontes. They were believed to be the same person.

(Excerpt) Read more at dallasnews.com ...


TOPICS: Crime/Corruption; Culture/Society; US: Texas
KEYWORDS: stupidcriminal
This started my weekend with a good laugh.
1 posted on 01/08/2011 7:26:43 AM PST by Texican72
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To: Texican72

It never amazes me enough when illegal aliens knowingly break Federal laws by crossing the border, then continue to break several other laws with fraudulent id’s of all kinds, and then continue to break laws and think they can get away with it. Where do they think they are, Mexico? Oh, never mind.


2 posted on 01/08/2011 7:37:15 AM PST by john drake (Roman military maxim; "oderint dum metuant," i.e., "let them hate, as long as they fear.")
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To: Texican72

I may have made the faux pas of assuming the “felon to be” was an illegal alien, if not, I apologize for jumping to the conclusion. However, that would make him a stupid, home grown, felon to be. Deport him to Mexico anyway, there are several police departments there who would gladly use his talents.


3 posted on 01/08/2011 7:42:41 AM PST by john drake (Roman military maxim; "oderint dum metuant," i.e., "let them hate, as long as they fear.")
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To: Texican72

Quite the pair of upstanding citizens (????). They have certainly lived up to my expectations.


4 posted on 01/08/2011 7:55:13 AM PST by neutrino (Globalization is the economic treason that dare not speak its name.(173))
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To: Texican72
It serves him right but this part is a bit troubling: spent 13 months in the Dallas County Jail without access to a lawyer or court hearing.
5 posted on 01/08/2011 8:21:59 AM PST by NonValueAdded (Palin 2012: don't retreat, just reload)
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To: NonValueAdded

You omitted the phrase following your quote. I also highly doubt that he was prevented from contacting an attorney.


6 posted on 01/08/2011 8:49:15 AM PST by wideawake
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To: Texican72
"After all, he had used the name before when in a legal bind."

What was Mario previously arrested for...fondling a underage relative? Did everything come to a full circle?

7 posted on 01/08/2011 9:41:37 AM PST by Deaf Smith (I spent all my money on women & booze, the other rest I just plain blew)
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To: NonValueAdded

If he hadn’t lied about being his cousin, he wouldn’t have been in jail so long and he’d have had an attorney. Read the article.


8 posted on 01/08/2011 2:42:01 PM PST by Shimmer1 (They told me I was gullible and I believed them.)
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To: NonValueAdded
"It serves him right but this part is a bit troubling: spent 13 months in the Dallas County Jail without access to a lawyer or court hearing"

How so?

He had a conviction, he violated parole, he was thrown in jail.

You don't continue having hearings and lawyers once you're convicted - you do your time.

It's his own damn fault he's doing someone ELSE's time!
LOL!

9 posted on 01/09/2011 10:31:19 AM PST by Redbob (W.W.J.B.D.: "What Would Jack Bauer Do?")
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To: NonValueAdded
"It serves him right but this part is a bit troubling: spent 13 months in the Dallas County Jail without access to a lawyer or court hearing"

How so?

He had a conviction, he violated parole, he was thrown in jail.

You don't continue having hearings and lawyers once you're convicted - you do your time.

It's his own damn fault he's doing someone ELSE's time!
LOL!

10 posted on 01/09/2011 10:31:37 AM PST by Redbob (W.W.J.B.D.: "What Would Jack Bauer Do?")
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To: Redbob
He had a conviction, he violated parole, he was thrown in jail. You don't continue having hearings and lawyers once you're convicted - you do your time.

Not so, at least in Florida. A VOP needs to go before a judge before you are thrown back into the clink for the rest of the original sentence. I'd hate to think there was any jurisdiction where the cop could simply violate you on his own with no recourse for you. Picture that idiot sheriff from Tuscon.

Please don't misunderstand me, I have no sympathy for that guy. Heck, I love irony and instant karma and there's no better example. That said, not every cop gets it right and I would hate to think a real case of mistaken identity could land you or me in the clink for over a year before it got cleared up. My concern is for the system, not for that particular perp.

11 posted on 01/09/2011 11:57:29 AM PST by NonValueAdded (Palin 2012: don't retreat, just reload)
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