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  1. #1
    not crazy is offline Junior Member
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    Exclamation I've Been Indicted! (Co defendant - I think to try to make me help convict) ???

    What is the name of your state? GA

    My ex-boyfriend has been arrested, in jail, and I found out just got indicted for child molestation.

    When my daughter made an accusation, I was interviewed by the police. I was told I was either a witness or a suspect, they just had to decide which. By the end of the interview, I was told they believed I knew nothing, and in fact over the next few days the Detective not only told me it happens to people who are doctors, lawyers, judges so I couldn't blame myself. Although I could not possibly believe this had happened, his was very convincing in the things he told me my daughter said, and although she has had a history of behavior and psychological problems including making claims that aren't true, I questioned my own instint and almost believed him. I mean I had been through so much with my girl, I love her more than life itself, but it got to the point that DFACS wouldn't even respond to her accusations because it every one had turned out to be so absurd.

    He got me in touch with a victims rights organization. Because of the type of work I do, I had to know if I was going to be investigated, and he told me me no (I know they can lie at that point). At the commitment hearing of my friend, (about 30 days later) I spoke with him before the case, very friendly, and thanked him for some of his advice and referrals, because I had started counseling, which was something I had needed for awhile (had been through very bad divorce and custody dispute - not even settled at that point). When the Defense Attorney questioned if was being investigated, he testified that I was not. The attorney then asked him if it would suprise him if I was in my boyfriends corner. He seemed kind of confised and really didn't say yes or no. During his testimony though, he said so many things that were SO UNTRUE, like he never knew anything about her past psych problems or history of false outcrys - although we had long discussions about my fear of her testifing and having to be faced with "boy who cryed wolf" proof. His dates were totally wrong - he didn't know until he questioned me that she hadn't even lived with me for the past year, and I had only gotten her back in June. Arrest had already been made. His theory of case was about a four month time line that based on what I knew to be true could be 8 DAYS! There were other things, but after that hearing, I was so floored, that I started really looking into things, and believing what my first gut instinct was, that it didn't happed.

    My friend (although ex boyfriend, still someone I cared about) has never had any real family and his attorney was terrible (previous posts about that) but basically when I tried to contact his attorney after that hearing and tell him what I knew he wanted nothing to do with it. New attorney took case practically pro bono when he found out about this other guy, and saw the LETTERS the apointed atty written to my friend when I made him start pushing this guy to do something that actually give him a clear case enough to have him disbarred. Anyway, new attorney is letting me work off payment of defense as well by doing paralegal/PI work for this and other cases for him. So now that prosecution finds out I am helping, discharged counsel knows I am behind what may get him at least discipled, I found out when we get copy of inictment that I AM LISTED AS CO DEFENDANT! Lawyer has to wait till Tuesday to call DA, because doesn't this mean a bench warrant for my arrest if already not issued is coming? What would there purpose be for doing this? In reality, it was actually not in thier best interest, because my ex husband and I had already agreed he wasn't bringing her back to GA to testify (and we have the psych evidence we would need so it would be REALLY hard for them to force him), but I don't trust my ex enough to not change his mind or succumb to pressure, etc. He never liked this guy anyway! But if they think he's gonna let her come put Mommy in jail - no matter what we have been through, after 19 years, I know he wouldn't do that to me or her.

    Just here alone for the holiday (which was bad enough to not be with my kids) and was gonna try to pretend X-mas just didn't exist this year. But now I am worried to death about going to jail. I have had a speeding ticket once - that's it!

    Senior judge - if you are still on - I read so many of your posts and have a lot of respect for you - any advice?
  2. #2
    seniorjudge is offline Senior Member
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    Q: Senior judge - if you are still on - I read so many of your posts and have a lot of respect for you - any advice?

    A: Hire a lawyer immediately.
    There are two rules for success:

    (1) Never tell everything you know.
  3. #3
    HomeGuru is offline Senior Member
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    Well, you can wait until Monday.
  4. #4
    not crazy is offline Junior Member
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    Fortunately, the lawyer I got to replace the "court appointed" one for my friend is already telling me it's gonna be okay - he will represent me obviously. He had been referred by a good friend and helped me out of a favor for her, and I originally thought he didn't have a lot of criminal experience because I know his practice does a lot of Administrative law. I found out he actually is retired JAG defense attorney, so I think I'm in good hands. Over the past two months, we have worked so much together, and although I didn't know much about criminal law (had done estate, family, some civil work previously) - He has been so impressed with what I've been able to learn in such a short time, this has gone from helping him with other cases to him back to him wanting me to quit my other job and work for him full time. He has actually taken 2 criminal cases since I started which normally I guess he would only do criminal for a favor.

    The thing is, I know inside it will all be okay - but I am home - all alone, literally with no one because I did not want to celibrate X-mas without my kids. I knew it would be a hard weekend anyone and had actually got a bottle of wine and a bunch of DVDs and was hoping to void life out for a few days. But now that is even harder to do, and I am better off trying to research EVERYTHING I can about the position I am know in so I don't go crazy. I get on this computer, and litterally have to force myself sometimes to go and get at least 2 - 3 hours sleep because somehow 10PM is now 4AM and I don't know where the time went. I want to do that NOW more than ever. Any suggestions on where to start. Sometimes it takes me a few hours to figure out what keywords I should be using before I find what I need, and then I'm good to go.

    PLEASE - as a x-mas present - the only one I will have this year - some help?
  5. #5
    HomeGuru is offline Senior Member
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    Quote Originally Posted by not crazy

    PLEASE - as a x-mas present - the only one I will have this year - some help?

    **A: do we look like Santa to you?
  6. #6
    Kane is offline Member
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    I think you're in over your head, and you'd be better off having a lawyer who doesn't also represent your ex-bf.

    Try keywords "conflict of interest" and "co-defendants," and make sure you're looking at criminal cases.
  7. #7
    not crazy is offline Junior Member
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    Absolutely - That was a given from the beginning. I knew we could have the same lawyer...give me some credit guys...I really don't claim to know a lot, but it isn't as if I write a question on this board because I am too lazy to do the research. I do this because it takes a few minutes and I may be lucky enough to have someone with a lot more knowledge than me spend 5 minutes pointed me in the right direction that it may take me 5 hours to figure out on my own. I have literally spent more hours on this PC trying to figure things out legally since this all started than I have working a full time job (which I already do). I have to set an alarm so that I don't stay up all night - in fact, I got online about 11:30pm and I just looked at the clock its almost 3am. I will start to wrap it up realizing it is too late, and then still be another 2 hours.

    So, no, I don't think your Santa. Anyway, without my kids, I pretended there wasn't a x-mas this year. But had you decided to actually give me feedback that was useful rather than just a snide comment - yeah, it would have been the only gift I got this year.

    Anyway, the lawyer I got to represent him is simply going to call the DA to find out if I needed to come in or was their a bench warrant, if I could make arrangements to turn myself in and sign out bond on my own recog, or what ever he could find out for me so I didn't need to be waiting for a knock at the door.

    I will be asking for a court appointed attorney. Although he had a bad experience, I have even tried to do enough research to come up with 10 court appointed attorneys (from the list they use of 100) that I would prefer. Granted, the judge may not care, but whoever I get will know upfront that I want to be very involved and WILL NOT allow the same type of representation as I had been witness to. Considering I have already spoken to the GA Counsel for Indigent Criminal Defense and other such organizations to volunteer my time, I am confident that I can make it work. Also, I was not sure if by the fact that my friend was no longer using a lawyer appointed by the court, he may not still be able to be indigent (haven't had time to look into that one) but just in case, now if I am then expert witnesses can be petitioned to be payed for on my behalf. I figure if I can prove the allegation is false, then I can prove I had no part in it.

    Since the original post, I actually got (late Sat) in the mail the copy of the indictment with a letter informing me I had been indicted and that I had a date for arraignment (Jan 4) and if I didn't appear, I would be arrested. Still, should I assume that at some point I have to go through the process - fingerprinting, being "booked"???

    I already have read GA Code (16.2, 16.20, 16.21) to understand what it means to be charged as a defendant in this case. I am still looking for anyone that knows any type of cases I could read with any similarities - basically, I believe they are doing this to either make me say I knew something happened, I guess I was just in denial, or make him just plead guilty which he has told me he would do if it meant me not having to go to jail. He said he would lie and said he did it just to protect me. Honestly, I think that's an idiotic idea, but I have never picked the brightest guys!

    Any help is still much appreciated!
  8. #8
    not crazy is offline Junior Member
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    Talking I said could and meant couldn't - BIG TYPO!

    In my previous post I said I knew we could and I meant couldn't. Here I am claiming not to be an idiot...

    I am starting a new post to try to get some advice on the code and see if I am understanding it correctly.

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