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Confusing But Worth Your Time

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#1 vandorn4348


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Posted 13 November 2012 - 05:29 PM

A search warrant was served on me at my hoime for the purpose of "Identity Theft" so it was for that purpose only. Here are the facts in summary, we know only one person in this town as we are newly moved here, that one person got himself into trouble and his only way out of jail was to "tell", most of you know the rules about that, (by the way, I know all of this based on how the whole thing went down) now so they served the search warrant with all of the different law enforcement agencies including the drug task force with drug dog, I mean they came deep, for supposedly identity theft. Supposedly the act of cashing a check that was not mine happened on 7/31 at 10pm and the search warrant was signed 8/1 at 12 noon, so the only way that they could have gotten this information was via this one person that we know ad he just so happened to get out of jail just after that on the same night. Now he made some grand story about all of these drugs in our house and that i was trafficking them back and forth from Cali to Ore monthly however the truth of it is I go to the Dr. in Cali every month and that has been proven to be true. He came to our house the night before the search warrant was served and "accidentally" left some parafanellia and a small amount of substance in our home. However, because he could not produce a "controlled buy" he left his little mark and said he did, but the search warrant had already been signed. They came on 8/6 and on 8/5 is when he left his set up behind. So they found no check writing factory, no identifications that were not our own, only what this person left behind, and knowledge that a check had been cashed by me. They cited and released us here in our home, they knew when they came in they were way off base and they looked like fools, they threatened to drop the bottle on us we agreed, we complied in every way and the indictment for my husband and i both read exactly identical. We laughed because the check was cashed by a woman in a womans name. At any rate the DA has come with their first offer of plead guilty to felony identity theft get 10 days jail and felony probnation, jail time is ankle braclet and felony probation is a set up pure and simple. Now mind you my husband had absolutely nothing to do with anything period. I do not understand why the Public Defender is saying that he should take the deal because of his criminal history, and that if convicted he could do 19 months state prison, which he could do stnading on his head none the less he is not guilty period. So my big question is at first my paid lawyer said that I should accept the deal with conditions, one being that the charges be dropped on my husband, and I would like to add a couple of stipulations into the probation conditions. Is this a reasonable thing to go after or am I just wasting time, I'm tired of laying down and just taking it because of our history or whatever lame excuse, I have always felt that the truth is the truth and thats all there is to it and the punishment should be commensurate with the crime. Anybody wanna take a stab at this. I hope I;ve given enough informaiton. If not please let me know and I will add the best I can.

#2 d547183


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Posted 14 November 2012 - 01:33 AM

I would have your attorney file a motion to dismiss. He can do this during the pre-trail phase of your case. If your husband is innocent then have him plead not guilty so a trial can commence and the facts will come out. If you are both innocent then asks for a trial by jury.

#3 Guest_FindLaw_Amir_*

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Posted 14 November 2012 - 02:20 PM

Without having the detailed facts of the case, your lawyer would be best to address this matter.

#4 southwestle



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Posted 16 November 2012 - 01:58 AM

Your PD is saying to take the deal because he, like the prosecuting attorneys are overworked and they basically believe you are guilty no matter what the truth of the matter may be. They want you to take a plea to make everyone's life easy (except yours) and to move on to the next case.

If your husband is truly not involved in whatever criminal silliness you have gotten into, he needs to let the PD know he will NOT plead and the prosecution can prove their case against him in a jury trial. If, as you say, he can do the potential jail time should he be found guilty, what does he have to lose? I seriously do not think it would go that far, provided you can get your lazy PD to do their job.

In your case, if you are willing to accept responsibility for what you have done, there is no harm in having your attorney thrash out a mutally acceptable deal with the DA.

You need to make your PD do his job or complain and get a new one (an uphill task I might add) assigned to you. Regardless on what you or your husband have done before, you deserve to have proper legal representation for the specific case in hand.

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