I know a bit long, I am sorry but need to get advice.

[Chelsea49]

What is the name of your state? PA
My seperated wife had me arrested for an aggravated assault in late November claiming I picked up a kitchen knife and lunged at her and her 27 year old daughter. The reality was that I had threatened to turn in drugs she as a nurse had taken from her emploers. as we were on a divorce path do to all her adult children moving into my home.When I failed to turn them over, her 28 year old son, proceeded to kick the crap out of me. ( I have pictures of a massive bruised leg elbow, and hand). her soon to be son in law, had twisted my hand to the point it is in a cast, for the next 3 months with a ripped ligament.
The son threw me down a flight of stairs, chocked me in my kitchen while the 27 year old daughter went through my pockets, and took my wallet. ( I am a 58 year old disabled man who met my wife in a chat room on AOL.) I was trying to reach something ,a bowl I think to try and beat him off me. a few feet from the bowl, was a butcher block carving knife set. The daughter screamed " he is going for a knife" ( I wish I could have reached one) she then called 911 .
Before this 911 call she had given her other daughter a check for $400.00 to cash, from my disability money and social security payment, After she called 911 I broke free and ran out to my front porch, they all stayed in the house. When the police arrived, I aproached them to explain and was told to lay on the ground and I was arrested without evergetting a chance to tell my side of the story. I waited handcuffed in the patrol car,for about an hour and the officer informed me I was being arrested for aggravated assaut. I asked him to look at my legs and arm, he replied "I don't care"
In the meantime they then took my debit card and removed $800.00 from a local ATM when they attempted.to take additional denominations but had already gotten the max. That same night they did and online transfer from my account into my wifes account. A sum of $2500.00 her sonearlier in the week took my car and my cell phone.
If that is not enough they then took my sears card and mader several purchases over $300.00.
I was later that night taken before a magistrate and released on my own. I stayed at my priests home whom the magistrate released me to with a warning of no contact. The priest contacted my wife the following afternoon and went to my home and retrieved my wallet, broken cell phone and some clothes. My cellular company gave me a new phone which we were trying to figure out for the better part of the day After going out to dinner the phone rang, I tried for a good hour to figure out how to answer calls and make calls..
I hit a button on the phone and when I sdaw it was dialing my home number I immediatley shut off the phone. Later I learned that I had hit call last incoming call. 90 minutes later, I was rearrested for violation of my condition of release. My priest and I attempted to explain what had happened but to no avail. I spent 3 days in a jail before posting bond on my credit card.
Since then her family has called me and harrassed ne, she called several of my family members, who got really upset. I later learned she told the police I was downloading child porn, on my computer which all 5 people in my house used regularly. I had deleted the crap her son and son in law had downloaded. they took my computer, and have never charged me or anyone else in the house with anything. The time stamps on my computer would clearly show the garbage and filth they had downloaded I was in New York foir an early Thanksgiving event.
She took out a protection order against me, and believe me I have no intention of any contact with her or any of them. I have left PA and am staying with family in New England.
I have a court date on January 17th on the PFA and the 27th on the aggravated assault.
Given what they did, before the police were involved, after they were involved, the medical report and photos of my injuries,
How should I proceed. I am using a Public Defender, as they totally whiped out my finances and I have vhad one 15 minute meeting with the PD and she said very little as what to expect. I want some of my personal possesions out of my home, thats all. She has now put me in a position where I am going to have to file bankruptcy.
A fraud case with the bank is ongoing over the debit theft, and Sears is persuing a criminal investigation.
Where does that leave me? I have no idea what to expect at this point?
I have filed for divorce, but not sure what else to expect.What is the name of your state?

[moburkes]

Originally Posted by Chelsea49

What is the name of your state? PA
My seperated wife had me arrested for an aggravated assault in late November claiming I picked up a kitchen knife and lunged at her and her 27 year old daughter. The reality was that I had threatened to turn in drugs she as a nurse had taken from her emploers. as we were on a divorce path do to all her adult children moving into my home.When I failed to turn them over,Failed to turn WHAT over? The drugs? This doesn't make sense. her 28 year old son, proceeded to kick the crap out of me. ( I have pictures of a massive bruised leg elbow, and hand). her soon to be son in law, had twisted my hand to the point it is in a cast, for the next 3 months with a ripped ligament.
The son threw me down a flight of stairs, chocked me in my kitchen while the 27 year old daughter went through my pockets, and took my wallet. ( I am a 58 year old disabled man who met my wife in a chat room on AOL.) I was trying to reach something ,a bowl I think to try and beat him off me. a few feet from the bowl, was a butcher block carving knife set. The daughter screamed " he is going for a knife" ( I wish I could have reached one) she then called 911 .
Before this 911 call she had given her other daughter a check for $400.00 to cash, from my disability money and social security payment, After she called 911 I broke free and ran out to my front porch, they all stayed in the house. What is your disability, then? When the police arrived, I aproached them to explain and was told to lay on the ground and I was arrested without evergetting a chance to tell my side of the story. I waited handcuffed in the patrol car,for about an hour and the officer informed me I was being arrested for aggravated assaut. I asked him to look at my legs and arm, he replied "I don't care"
In the meantime they then took my debit card and removed $800.00 from a local ATM when they attempted.to take additional denominations but had already gotten the max. That same night they did and online transfer from my account into my wifes account. A sum of $2500.00 her sonearlier in the week took my car and my cell phone. Contact your bank, and explain that you were in jail, and, therefore, could not have initiated these transactions, unless your wife's name is also on the bank account.
If that is not enough they then took my sears card and mader several purchases over $300.00. Same suggestion.
I was later that night taken before a magistrate and released on my own. I stayed at my priests home whom the magistrate released me to with a warning of no contact. The priest contacted my wife the following afternoon and went to my home and retrieved my wallet, broken cell phone and some clothes. My cellular company gave me a new phone which we were trying to figure out for the better part of the day After going out to dinner the phone rang, I tried for a good hour to figure out how to answer calls and make calls.. All cell phones have send and end buttons. Most send buttons are green, and the end buttons are red. What, again, is your disability?
I hit a button on the phone and when I sdaw it was dialing my home number I immediatley shut off the phone. Later I learned that I had hit call last incoming call. 90 minutes later, I was rearrested for violation of my condition of release. My priest and I attempted to explain what had happened but to no avail. I spent 3 days in a jail before posting bond on my credit card.
Since then her family has called me and harrassed ne, she called several of my family members, who got really upset. You should be able to prove this. Your attorney can help you.I later learned she told the police I was downloading child porn, on my computer which all 5 people in my house used regularly. I had deleted the crap her son and son in law had downloaded. they took my computer, and have never charged me or anyone else in the house with anything. The time stamps on my computer would clearly show the garbage and filth they had downloaded I was in New York foir an early Thanksgiving event.
She took out a protection order against me, and believe me I have no intention of any contact with her or any of them. I have left PA and am staying with family in New England.
I have a court date on January 17th on the PFA and the 27th on the aggravated assault.
Given what they did, before the police were involved, after they were involved, the medical report and photos of my injuries,
How should I proceed. I am using a Public Defender, as they totally whiped out my finances and I have vhad one 15 minute meeting with the PD and she said very little as what to expect. I want some of my personal possesions out of my home, thats all. She has now put me in a position where I am going to have to file bankruptcy.
A fraud case with the bank is ongoing over the debit theft, and Sears is persuing a criminal investigation.
Where does that leave me? I have no idea what to expect at this point?
I have filed for divorce, but not sure what else to expect.What is the name of your state?

Since you were able to find a place to stay, you can't ask them to help pay for an attorney?

[Chelsea49]

THe drugs in question were xanex, oxycodeine and vicadin? and my disabilty is two strokes.

[moburkes]

What does your disability, then, have to do with all this?

[Chelsea49]

One these two gorillas could have killed me, 2 it is the only income I get! Now if you could weigh in on the case itself and it's merits, that is why I posted it not to open a discussion on strokes, disability, etc.
If you have something to add, please I am open to listening.

[CdwJava]

So, if I get this right, there are three people who support her claim that you came at her with a knife thus justifying her son stomping the poop out of you. This could be pretty grim testimony. Your defense will have to paint a very clear picture of their all quickly collaborating on a course of action to beat you and then frame you for assault. This will be a tough sell.

The money and the property can be considered community property because you were married, and this may end up being a civil matter as opposed to a criminal one.

Your priest might be a compelling witness for the allegation of a violation of a condition of release, but it's hard to say without knowing what evidence the prosecution might have.

What you need in addition tot he public defender is a divorce attorney. You may very well be cleaned out by the time it gets to divorce court, but there may be some way to account for those funds and use that debt and her re-directing the funds to your benefit with regards to a financial settlement. However, your first priority needs to be beating the criminal allegation. Unless you can beat the assault charge, the rest is moot.

No one who is not familiar with both sides of the case can give you a really good idea of the direction you should take. There is little that anyone can provide you that will be of concrete assistance at this time.

So, good luck and Godspeed.

- Carl

[Chelsea49]

I have to inject a little humor here,despite the seriousness of the matter. They are claiming they never touched me! never put their hands on me! I have not been charged with any condition of release violation? I have now copies of all incoming calls to my home from Vonage call detail printouts (they claimed they had it on caller ID) my cell phone records show no calls made to that number. However I do have on missed calls on my cellphone of them calling my cell phone.
In speaking with a private attorney on a free consult, he said since I am all banged up and they claim no contact, their action prior to and afterwards, very suspicious and most likely wiith a decent attorney would be kicked at the preliminary and that I need to hire a private attorney (him).
I have been assured this morning by Wachovia that my debit card which I am the only one authorized to uset, that it is fraud and they replaced the $800.00 and show on the video tape a man they described to me which fits the sons description.
Sears sent me copies of signatures on the charges made and they are not mine nor my se-perated wife. Since I am the primary account holder, she can not authorize the use of my card to anyone else according to Sears.
Thedrugs she hadstolen are nowin the hands of the PA nursing board for investigation and disposition. I never grabbed a knife, and that ispurely a fabrication to cover their real real reason for confrontation. I am sensing I should borrow money from my family to hire a private council rather than a public defender.

[CdwJava]

Sounds like you need to hire that attorney. However, I'm not sure how it works in your state and in your county, but it might still be an arguable presumption that since you are married any accounts are considered joint assets and thus a civil matter with regards to the money. It often works that way here, but the devil is in the details. Have you reported this alleged fraud and forgery to the police?

- Carl