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  #1  
Old 05-16-2005, 07:21 PM
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Join Date: May 2005
Location: azle texas
Posts: 6
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here is the whole story


What is the name of your state? Texas. First, a little background on my life and myself. I am a 29-year-old recently divorced mother of three I only have custody of two my twelve year old boy and a three year old girl. We just recently purchased our first home on our very own, without any help. In 2003, my wallet was stolen along with my social security number. I was pulled over one night for having dealer tags on my car and reported it to a Hudson Oaks police officer (Parker County) that did nothing about it. Instead he put the tickets he was going to issue me into something called instanter and took me to jail but not before making me undress in front of him on the side of the road at 3:00 a.m. I told the Parker county jail personnel and they told that was not unusual behavior for that officer. I also told the judge and all charges were supposedly dismissed.

October 2004, after my divorce, I applied for a government job and had to go through a background check. A friend of mine is a Fort Worth police officer so I had him pull my records and all that junk. I even had him check for outstanding warrants because of my drivers’ license being stolen in 2003. On my record was a warrant out of Hudson Oaks for the night the police officer took me to jail. I had to go to Hudson Oaks courts and explain everything that happened that night. They said the offense has now been dismissed and not to worry.

Now, January of 2005 I went to apply to the Fort Worth Police Academy. First, I had to renew my drivers’ license. I went down to the DPS office and they told me I had a warrant for my arrest out of Travis County that had been issued November 2004. I have only been to Travis County (Austin, Texas) twice in my life. Once in 1995 and the other in 2004. Never had I gotten into any trouble there. So they arrested me I had to make bail of 400.00 which I could not afford then or now. They said the charge was issuance of a bad check in the amount of 350.00 (which does not explain to me why the bond was more than the alleged crime) So I bonded out and waited to drive all the way to Austin Texas as in live outside Fort Worth Texas, (4 hours away).

In mean time I talked to several people in Austin, was asked to fax 10 signature copies, and did so. After talking to them I found out that the check was written to the Attorney General here in Fort Worth, (at that time I was not ordered to pay child support so had no idea what this could be. Then I thought about it and since the check was written in Tarrant County, why did I have to drive to Travis County. So, I went to the Tarrant County check division to ask some questions and met a very nice but scary Investigator who then informed that I had checks written in Tarrant County as well.
Through a lot of paper work and a lot of time we discovered that the person whom stole my wallet used a home computer to make checks with all my information on it and went shopping. So I the charges were not filed against me for that I told the Investigator about the stuff in Austin and he gave me a copy of all the paperwork we did and his card and said if they have question they could call him. He also told me to look into the statute of limitations. At this point, my employer decides that I am no longer needed as now my background has a blemish. So I lost my job and am now resorted to living on my savings, as we have not started receiving child support.

At the end of February, Travis County Court #3 sent me a letter stating I had to be there to inform the court of my plea on March 3, 2005 at 8:30A.M. So I drove all the way to Austin Texas had to pay for a motel room in order to be in court at 8:30 A.M. I showed up in court waited and waited and finally they called my name so I went before the court to plead not guilty, and the judge said and I quote " I am sorry we don't do that here, you just need to pay your check and go on your way." I said " I received a letter saying that I was to put in my plea and with the representation or advice council if I have to plead right now, your Honor, I plead not guilty." He again said " we do not do that here (pointed to the dark haired woman to his right) go see her". So I stepped aside to the woman who handed me a piece of paper that said return in two weeks with fine paid receipt and take a class that will cost an additional 75.00. So very disturbed and confused I went to the hot check division located across the way from the courthouse and tried to talk to someone there. A very rude young man came to the window and proceeded to tell me that the signatures I faxed where similar to the check signed. He showed me the check and we now know who wrote it but they do not care all they want is their money. So, having to be home to pick up my son after school I drove back to Fort Worth awaiting the next time.

In mean time, I needed the police report from Hudson Oaks police dept. about my wallet being stolen so I went there. Well they informed me the police did not do his job about taking my report and told me there was an investigation into that officer and to call this lawyer. Therefore, I did. Gave him all the inf. from that night and asked his advice on the case in Austin and we were told over the telephone that the warrant date was some time in Nov 2004. Which would be outside the statute of limitations for a misdemeanor and he told me to do a motion to quash. So, I drafted the motion to Quash took it to the court in Austin to place you file they stamped it with the date of March 23, 2005 and made copies for the attorney and told me to give it to the lady sitting next to the judge. I took it to attorneys’ office and then the courtroom and gave it to her and she gave directly to the attorney instead of the judge. He said " WE don't want to give it to the judge because he will just dismiss it anyway." I said I want to give it to the judge and he said "follow me" we went into the back room and the dark haired lady was there behind the desk and he asked her to set another date for me to come back again so I could raise the money to pay my fine... I was told to come back on April 21,2005.

The lawyer that helped me draft the first motion did an amended version and told me to take it to the courts he wrote in that I need counsel because I am indigent. So, I go back on April 21 and was told that I was not supposed to be there and we then find out that the original motion (or first motion to Quash Dated March23) is not in the case file. The prosecuting attorney or dark haired woman kept it and did not give put it in my file. So now we are wondering were it is. The judge says " well just give me a copy of your copies and we will put it in there." My question still being was what happened to yours.... They set anew date now called pre trail date for May 18,2005 and I have a family emergency and can not make it ... So to the main question of this very long story with out an attorney or driving to Austin how can I get a continuance? Thank you so very much for taking the time to help me...

Last edited by katiehall; 05-17-2005 at 02:34 AM. Reason: grammar and paragraphed
  #2  
Old 05-16-2005, 07:35 PM
Obnoxious1
Guest
 
Posts: n/a
Quote:
Originally Posted by katiehall
What is the name of your state?Texas. First alittle background on myself and my life. I am a 29 yearold recently divorced,single mother of three I only have custody of two. A twelve year old boy and a three year old girl. We just recently purchased our first home on our very own, without any help. In 2003 my wallet was stolen along with my social security number. I was pulled over on night for having dealer tags on my car and reported it to a Hudson Oaks police officer ( parker County) who did nothing about it. Instead he put the tickets he was going to issue me into something called instanter and took me to jail but not before making me undress in front of him on the side of the road at 3:00 a.m. I told the parker county jail personell and they told that was not unusual behavoir for that officer. I aslo told the judge and all charges were supposedly dismissed. After my divorce in october 2004 I aplied for a goverment job and had to go through a backgroung check. A friend of mine is a Fort Worth police officer so I had him pull my records and all that junk. I even had him check for outstanding warrants because of my drivers liscense being stolen in 2003. On my record was a warrant out of Hudson Oaks for the night the police officer took me to jail. I had to go to hudson oaks courts and explain everything that happened that night. They said the offense has now been dismissed and not to worry. Now, January of 2005 I went to apply to the Fort Worth Police Academy. First I had to renew my drivers license. I went down to the Dps office and they told me I had a warrant for my arrest out of Travis County that had been issued november 2004. I have only been to Travis County ( Austin, Texas) twice in my life. Once in 1995 and the other in 2004. never had I gotten into any trouble there. So they arrested me I had to make bail of 400.00 which I could not afford then or now. They said the charge was issuance of a bad check in the amount of 350.00 ( which doess not explain to me why the bond was more than the alleged crime) So I bonded out and waited to drive all the way to Austin Texas as in live outside Fort Worth Texas, (4 hours away).In mean time I talked to several people in Austin and was asked to fax 10 signature copies and did so. After talking to them I found out that the check was written to the Attorney General here in Fort Worth, ( at that time I was not ordered to pay child support so had no idea what this could be. Then I thought about it and since the check was written in Tarrant Couny why did I have to drive to Travis County. So, I went to the Tarrant County check division to ask some questions and met a very nice but scary Investigator who then informed that I had checks written in Taarant County as well. Thru a lot of paper work and alot of time we discovered that the person whom stole my wallet used a home computer to make ckecks with all my info on it and went shopping.So I the charges were not filed against me for that I told the Investagator about the stuff in Austin and he gave me a copy of all the paperwork we did and his card and said if they have question they could call him. He also told me to look into the statute of limitations.. At this point my employer decides that I am no longer needed as now my background has a blemish. So i lost my job and am now resorted to living on my savings as we have not started recieving child support. Travis County Court #3 sent me a letter stating I had to be there to inform the court of my plea on March 3, 2005 at 8:30A.M.. So I drove all the way to Austin Texas had to pay for a motel room in order to be in court at 8:30 A.M. I showed up in court waited and waited and finally they called my name so I went before the court to plead not guilty, and the judge said I quote " I am sorry we don't do that here, you just need to pay your check and go on your way." I said " I recieved a letter saying that I was to put in my plea and with the representation or advice council if I have to plead right now, your Honor, I plead not guilty." He again said " we don't do that here ( pointed to the dark haired woman to his right) go see her". So I stepped aside to the woman who handed me a piece of paper that said return in two weeks with fine paid reciept and take a class that will cost an additional 75.00. So very disturbed and confused I went to the hot check division located across the way from the court house and tried to talk to someone there. A very rude young man came to the window and proceeded to tell me that the signatures I faxed where similiar to the check signed. He showed me the check and we now know who wrote it but they don't care all they want is their money. So, having to be home to pick up my son after school I drove back to Fort Worth awaiting the next time. In mean time I needed the police report from Hudson Oaks police dept about tmy wallet being stolen so I went there. Well they informed me the police did not do his job about taking my report and told me there was an investigation into that officer and to call this lawyer. So I did. Gave him all the info from that night and asked his advice on the case in Austin and we were told over the phone that the warrant date was some time in Nov,2004. which would be outside the statute of limitations for a misdemeanor and he told me to do a motion to quash. So I did the motion to Quash took it to the court in Austin to place you file they stamped it with the date of March 23, 2005 and made copies for the attorney and told me to give it to the lady sitting next to the judge. I took it to attorneys office and then the court room and gave it to her and she gave directly to the attorney instead of the judge. He said " WE don't want to give it to the judge because he will just dismiss it anyway." I said I want to give it to the judge and he said "follow me" we went into the backroom and the dark haired lady was there behind the desk and he asked her to set another date for me to come back again so I could raise the money to pay my fine... I was told to come back on April 21,2005. The lawyer that helped me fdraft the first did an amended version and told me to take it to the courts he thru in me being indigent and needing counsel. So I go back on April 21 and was told that I was not supposed to be there nad we then find out that the original motion (or first motion to Quash Dated March23 ) is not in the case file. The prosecuting attorney or dark haired lady kept it and did not give put it in my file. So now we are wondering were it is . The judge says " well just give a copy of your copies and put it in there." My question still being wre is yours....They set anew date now called pre trail date for May 18,2005 and I have a family emergency and can not make ..... So to the main question of this very long story with out an attorney or driving to Austin how can I get a continuance??????????? thank you sooo very much for taking the time to help me......
Don't get mad at me, just please do what I'm asking.

Rewrite this using paragraphs. Try to stick to nothing but the facts and punctuate like you learned to do when you were in school.

I will read it if you will do that.
  #3  
Old 05-17-2005, 02:31 AM
Junior Member
 
Join Date: May 2005
Location: azle texas
Posts: 6

please help running out of time


I have to do something by the 18 of may
  #4  
Old 05-17-2005, 04:08 AM
Obnoxious1
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Posts: n/a
I sent a PM because you were nice enough to write this clearly and not act like a rabid dog when I asked you to rewrite it

Let me know if it doesn't make sense or you need more help with it.
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