AtlantaMama
Junior Member
What is the name of your state (only U.S. law)? GA 4 yrs ago my boyfried was arrested for Molesting my daughter. I never knew it was going on & didn't want to believe it was true either. Understand, my daughter had school records "lies maliciously w/o remorse before I met him. She never told me it had happened,during the time, my ex & I were going through a terrible custody dispute (I was w/ bf@ the time). She wanted to be w/ me so bad, she was afraid to tell me. It wasn't until after I got temp custody (guardian ad litem report investigated bf&me) that she made an outcry @ school. She said he threatened to hurt me if she told me. Obviously, I now totally believe not only did it happen, but she was the perfect "prey" because of her history. A jury believed it as well - he was just convicted. The thing is, at first l had him telling me he didn't do it & I didn't want to believe he did. My daughter immediately went to her father out of state. I continued to visit him trying to believe somehow it didn't really happen. I have dealt w/all the guilt, but I have had her back now for 3 years, and we have a GREAT relationship now.
I'd had some experience w/ law as paralegal (dangerous). His first lawyer wanted him to plead guilty (appt counsel) and wouldn't return any calls, I encouraged him to find another lawyer. During Preliminary Hearing, the Detective was actually asked if I was investigated. He said I was investigated and cleared, because I was so wrapped up in the custody case I was probably delusional and couldn't have seen anything that would threaten my custody. At the time, I was still very confused, wanting to believe it didn't happen, but not saying "she lied" for sure. I had given the Detective a very long detailed time line, but he got it ALL MESSED UP, testifying things happened when she either was out of state, or we lived in a different county than he said. He and I had "words" (ADA there too, but 3 ADAs through process). I was very worried about my daughter having to testify - knowing her past and the documentation of it, and said the "adults" need to get their act togehter or I will never let them put her through that. I didn't even have custody at the time, and my ex wasn't letting me talk to her, but I still felt the need to "protect her". I really never have done anything intentionally to hurt her, and have tried to put her first. After all, just as the Detective testified to: if I wasn't fighting for custody so bad, maybe I would have seen things differently.
2 mos later, SURPRISE I got a letter: I was indicted as "Party to the Crime" (bf et.al) w/arraignment date. Had no money to hire an attorney. I went to the arraignment (filed a pro se motion for a continuance - stating viol certain rights being there w/o appointed counsel (indigent),malicious prosecution (although prob caused more trouble). I was appointed counsel then & there,had less than 5 min to talk before I pled not guilty.The DA asked for an arrest warrant at that time, Magistrate judge Denied it - asking what was purpose? They wanted to set bond for me then. I had NO record, had shown up for court;week later my attorney told me I had $15k bond, had to go to jail while the bond was paid. When I got letter of the indictment I had to cut all ties with the bf - now I was in trouble for association, these were serious charges - Aggravated Child Molestation & Rape of my own daughter!
I've never truly understood why they indicted me. My ex said DA told him I was a trouble maker &they wanted me out of the way. Maybe it was because I could've discredited my daughter.Once I had a chance to talk to her about it (months later) I knew it was true, would've NEVER helped him. Regardless, then I wanted to cooperate with the DA. I even fired my first attorney, because he refused to set up a meeting w/ DA. There were things I thought I could actually help with looking from a different perspective. My second appointed attorney set up the meeting 2+ yrs ago. After, he said they would separate cases, after his case, as long as I cooperated, they'd drop my charges. Now, I don't know why I didn't push someone to just drop the charges from day one. I did my best to cooperate, but over the next 2+ years there were at least 4 times that I had to bring my daughter in to meet w/ DA - trial date set, just for last minute continuance. I had be at 20+ calender calls.
The firm representing me hired a new atty that took over my case. 1st thing he said "I don't understand why we are here" a few months ago. He told me we should be able to get all the charges dropped. Even discovery package has NOTHING about me - it was all the info on bf - only person to testify before the Grand Jury was the same detective that had said I was investigated and cleared. My daughter was out of state after that - no further investigation was done. Can they just add my name to the indictment, so if the Grand Jury indicts one person, they indict them both? Since I was indicted, never "arrested" I never had a probable cause hearing.
It seems that "office politics" play a role, because my attorneys haven't wanted to "rock the boat" w/ the DA's office - having been appointed to my case, and having to deal with them on EVERY case they have. I was willing to cooperate at first with that plan, but I didn't know it would go on SO LONG. The trial actually happened a few weeks ago. Beforehand, my daughter did NOT want to go through with it - 4 yrs in the life of a 13 year old is a long time, and she didn't want to relive it. She didn't care what happened to him - he has been in jail for 4+ yrs (NO BOND), but she had felt she finally put it past her and didn't want to relive it. She REFUSED to go meet with the DA, so I invited them to come to MY HOME to speak with her. They told her how much they cared about her as the victim, until she said she didn't want to testify, and then they told her they would have the Sheriff come get her if necessary for the trial, and she would be held in Contempt until she changed her mind. She actually (on her own) called Victim's Assistance to complain that she was intimidated and not treated with respect, so they set up a meeting with the ADA's supervisor. When she called, the woman on the phone told her how to look up her case # - then she saw MY charges. She knew they tried to charge me with something, but we never really talked about it. I never wanted her to worry. She has been back with me for 3 years now, and after going through SO MUCH is stable. Then she didn't want to testify, because it was as if the DA was the "enemy" but even my lawyer met with her to tell her there was nothing she could say that would hurt me. I took the stand all along that I would support her no matter what. She didn't do anything wrong to get into all this, and there was no wrong decision she could make - I felt I didn't protect her well enough then, that I had to stand by her now.
Now, he's been convicted. My charges HAVE NOT BEEN DROPPED YET. The DA wasn't even returning my lawyers calls for 2 weeks. He acts like we should not "pressure the ADA" since we want something, but I don't see I need any favors from them, I don't trust them, especially now. I want the JUDGE to hear this and I KNOW it will be dismissed. We want to put this whole thing behind us. She is acting out since then - going through it all was hard, and now that they did throw the book at him, I know she worries about me. I have wanted my lawyer to push things - do whatever is necessary to get this OVER with - dismiss the indictment - there was NEVER probable cause. To say I was "party to the crime" that I "enticed, encouraged" etc. to Molest or Rape my child is ridiculous! He was acquitted of the Rape charge - she never really said that happened, that came from a nurse during an exam putting a q-tip in her asking if that felt like anything he did. Anyway, the DA knows I am having trouble with her having had to go through all of this, if they cared at all about her as the victim, they would not be dragging their feet now to let us get passed it once and for all. They got the big conviction they wanted.
Finally, the ADA called my lawyer- offered me a plea to "influencing a witness" w/ probation and fine. If anything - I TRIED NOT TO INFLUENCE HER and that has NOTHING to do with charges they have held over my head for 4 years! Imagine being a mother with those charges, yet I have custody of my daughter now again for 3 years. I was in corporate before this happened but had gotten laid off - and NEVER went back for fear of having to explain this in an interview! I DIDN'T DO ANYTHING - I certainly am not taking a Plea.
So - what DO I DO? 2 things: How do I FORCE my lawyer to push this and get it dismissed? AND Do I have any kind of case against them for malicious prosectution - what I have gone through over the past 4 years? The $3,500 I had to put up for bail, the 20+ calender calls, the emotional damage, etc. If so - What are the chances a lawyer would even take the case going up against the county - the abuse of power of the DA, or the Detective if he said something during Grand Jury Testimony to contradict what he said at the bf's preliminary hearing. It just doesn't seem fair, although I want this over with, that they should be able to put me through it with NO RECOURSE.
Any advice would be helpful. I am so stressed out right now, and need to be stable and strong to get my daughter back to a secure place emotionally.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
I'd had some experience w/ law as paralegal (dangerous). His first lawyer wanted him to plead guilty (appt counsel) and wouldn't return any calls, I encouraged him to find another lawyer. During Preliminary Hearing, the Detective was actually asked if I was investigated. He said I was investigated and cleared, because I was so wrapped up in the custody case I was probably delusional and couldn't have seen anything that would threaten my custody. At the time, I was still very confused, wanting to believe it didn't happen, but not saying "she lied" for sure. I had given the Detective a very long detailed time line, but he got it ALL MESSED UP, testifying things happened when she either was out of state, or we lived in a different county than he said. He and I had "words" (ADA there too, but 3 ADAs through process). I was very worried about my daughter having to testify - knowing her past and the documentation of it, and said the "adults" need to get their act togehter or I will never let them put her through that. I didn't even have custody at the time, and my ex wasn't letting me talk to her, but I still felt the need to "protect her". I really never have done anything intentionally to hurt her, and have tried to put her first. After all, just as the Detective testified to: if I wasn't fighting for custody so bad, maybe I would have seen things differently.
2 mos later, SURPRISE I got a letter: I was indicted as "Party to the Crime" (bf et.al) w/arraignment date. Had no money to hire an attorney. I went to the arraignment (filed a pro se motion for a continuance - stating viol certain rights being there w/o appointed counsel (indigent),malicious prosecution (although prob caused more trouble). I was appointed counsel then & there,had less than 5 min to talk before I pled not guilty.The DA asked for an arrest warrant at that time, Magistrate judge Denied it - asking what was purpose? They wanted to set bond for me then. I had NO record, had shown up for court;week later my attorney told me I had $15k bond, had to go to jail while the bond was paid. When I got letter of the indictment I had to cut all ties with the bf - now I was in trouble for association, these were serious charges - Aggravated Child Molestation & Rape of my own daughter!
I've never truly understood why they indicted me. My ex said DA told him I was a trouble maker &they wanted me out of the way. Maybe it was because I could've discredited my daughter.Once I had a chance to talk to her about it (months later) I knew it was true, would've NEVER helped him. Regardless, then I wanted to cooperate with the DA. I even fired my first attorney, because he refused to set up a meeting w/ DA. There were things I thought I could actually help with looking from a different perspective. My second appointed attorney set up the meeting 2+ yrs ago. After, he said they would separate cases, after his case, as long as I cooperated, they'd drop my charges. Now, I don't know why I didn't push someone to just drop the charges from day one. I did my best to cooperate, but over the next 2+ years there were at least 4 times that I had to bring my daughter in to meet w/ DA - trial date set, just for last minute continuance. I had be at 20+ calender calls.
The firm representing me hired a new atty that took over my case. 1st thing he said "I don't understand why we are here" a few months ago. He told me we should be able to get all the charges dropped. Even discovery package has NOTHING about me - it was all the info on bf - only person to testify before the Grand Jury was the same detective that had said I was investigated and cleared. My daughter was out of state after that - no further investigation was done. Can they just add my name to the indictment, so if the Grand Jury indicts one person, they indict them both? Since I was indicted, never "arrested" I never had a probable cause hearing.
It seems that "office politics" play a role, because my attorneys haven't wanted to "rock the boat" w/ the DA's office - having been appointed to my case, and having to deal with them on EVERY case they have. I was willing to cooperate at first with that plan, but I didn't know it would go on SO LONG. The trial actually happened a few weeks ago. Beforehand, my daughter did NOT want to go through with it - 4 yrs in the life of a 13 year old is a long time, and she didn't want to relive it. She didn't care what happened to him - he has been in jail for 4+ yrs (NO BOND), but she had felt she finally put it past her and didn't want to relive it. She REFUSED to go meet with the DA, so I invited them to come to MY HOME to speak with her. They told her how much they cared about her as the victim, until she said she didn't want to testify, and then they told her they would have the Sheriff come get her if necessary for the trial, and she would be held in Contempt until she changed her mind. She actually (on her own) called Victim's Assistance to complain that she was intimidated and not treated with respect, so they set up a meeting with the ADA's supervisor. When she called, the woman on the phone told her how to look up her case # - then she saw MY charges. She knew they tried to charge me with something, but we never really talked about it. I never wanted her to worry. She has been back with me for 3 years now, and after going through SO MUCH is stable. Then she didn't want to testify, because it was as if the DA was the "enemy" but even my lawyer met with her to tell her there was nothing she could say that would hurt me. I took the stand all along that I would support her no matter what. She didn't do anything wrong to get into all this, and there was no wrong decision she could make - I felt I didn't protect her well enough then, that I had to stand by her now.
Now, he's been convicted. My charges HAVE NOT BEEN DROPPED YET. The DA wasn't even returning my lawyers calls for 2 weeks. He acts like we should not "pressure the ADA" since we want something, but I don't see I need any favors from them, I don't trust them, especially now. I want the JUDGE to hear this and I KNOW it will be dismissed. We want to put this whole thing behind us. She is acting out since then - going through it all was hard, and now that they did throw the book at him, I know she worries about me. I have wanted my lawyer to push things - do whatever is necessary to get this OVER with - dismiss the indictment - there was NEVER probable cause. To say I was "party to the crime" that I "enticed, encouraged" etc. to Molest or Rape my child is ridiculous! He was acquitted of the Rape charge - she never really said that happened, that came from a nurse during an exam putting a q-tip in her asking if that felt like anything he did. Anyway, the DA knows I am having trouble with her having had to go through all of this, if they cared at all about her as the victim, they would not be dragging their feet now to let us get passed it once and for all. They got the big conviction they wanted.
Finally, the ADA called my lawyer- offered me a plea to "influencing a witness" w/ probation and fine. If anything - I TRIED NOT TO INFLUENCE HER and that has NOTHING to do with charges they have held over my head for 4 years! Imagine being a mother with those charges, yet I have custody of my daughter now again for 3 years. I was in corporate before this happened but had gotten laid off - and NEVER went back for fear of having to explain this in an interview! I DIDN'T DO ANYTHING - I certainly am not taking a Plea.
So - what DO I DO? 2 things: How do I FORCE my lawyer to push this and get it dismissed? AND Do I have any kind of case against them for malicious prosectution - what I have gone through over the past 4 years? The $3,500 I had to put up for bail, the 20+ calender calls, the emotional damage, etc. If so - What are the chances a lawyer would even take the case going up against the county - the abuse of power of the DA, or the Detective if he said something during Grand Jury Testimony to contradict what he said at the bf's preliminary hearing. It just doesn't seem fair, although I want this over with, that they should be able to put me through it with NO RECOURSE.
Any advice would be helpful. I am so stressed out right now, and need to be stable and strong to get my daughter back to a secure place emotionally.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?