What is the name of your state (only U.S. law)? Live in Kentucky, but the subject is about Indiana law and procedure.
I signed a contract of purchase for a vehicle stating that the vehicle was purchased for me, that I will make the loan payments, insurance payments, keep up the maintenance of the vehicle, and upon the last loan payment the car title will be signed to me. If there's a late payment I will pay the applicable fees and if the payment is more than one month late I must return the vehicle. Without me violating the contract my ex-girlfriend's attorney sent me a letter stating that his client is requesting the car back, the contract is not valid, I must give her the car, and if I don't by June 19, 2008 he will file suit for conversion and for any damages to the vehicle. I had just been through 2 years of stress in courts for divorce and custody of my twin sons in Texas. so I didn't want any more court stress. I didn't believe her attorney had any legal options to do this because an attorney had told me the contract is binding and I did all I was supposed to. The vehicle was was released on June 19, 2008 because of the threats and not wanting stress!!!
July 11, 2008 (about a month later) she and her mother went to the Spencer County Indiana (Rockport, IN) police and reported I had been in possession of her vehicle until June 19, 2008. That on June 19, 2008, in Rockport Indiana, I damaged the undercarriage, dented the front and back bumper, and loosened the oil drain to the point oil was leaking. The leather binder in the glove box was missing and the navigation dvd. Stating that I did all these things out of spite and malice being upset about returning the vehicle. Then on July 23, 2008 the prosecutor filed criminal case stating Conversion I.C.35-43-4-3(a) a class A misdemeanor and I.C.35-43-1-2(a)(1) a class D felony.
I had no idea they where doing this behind my back. I didn't find out until September 6, 2008 when I was coming off my Honeymoon Cruise Ship at Port Canaveral, FL when I was arrested in customs & immigrations. My wife and I had no clue what was going on. The people in Florida had no information to give us except they called me a "fugitive of justice from Indiana." Rockport, IN. This was/is a nightmare for my wife, our unborn child,(she was/is pregnant) myself, and my family.
I was put in Brevard County, FL jail Saturday (9-6-08) and released on Monday (9-8-08) after my parents, who live in KY, went to the prosecutor office in Rockport, IN to find out what this is all about. They explained to the assistant prosecutor I didn't do anthing wrong and it isn't possible as I was never in Indiana around that time. I was in Texas with the vehicle until the morning of June 19, 2008 and it was released in good conditon with nothing missing in it. It was released at Don Moore Toyota dealer in Owensboro, KY, where I live, I ordered it, and payed the down payment. It was driven their by my mom and my wife filmed the vehicle to show the condition inside and out. Took pictures to show the condition in and out. The video shows my mom getting out of the car in Owensboro, KY, giving the keys to someone inside the dealership, and walking away. As the video shows no damage, pictures show no damage, and my mom proved this to the prosecutor. No "unauthorized control," and "no criminal mischief."
This was video taped & pictures were taken due to specific threats by her attorney in May 2008 that he would file for damages and conversion of his client's car if I didn't return the vehicle. So, we covered our end on that. We went on with our lives and never thought back, until September 6, 2008 when such terrible experience happened. Had no clue what malicious things they were plotting. It is terrible!
On Thursday September 11, 2008 I appeared in Rockport Indiana for a hearing of these accusations. Entered "Not Guilty" and got a court appointed attorney. A hearing was set for Decemeber 2008. Before that date I spoke to my court appointed attorney. He gave us the State of Indiana's Response to his Motion to Produce Evidence. It states "NO EVIDENCE" on all things. With us showing him the contract, video, pictures, and backing it up with the "NO EVIDENCE" admitted by the State WE (my family) REQUESTED HIM TO FILE A MOTION TO DISMISS. He became rude. We asked him "Why can't he just file the motion to dismiss?" We asked "Why do we need to wait for that future hearing? Can you file for a hearing to dismiss now?" Instead of explaining if he can/will or can't/won't do this now he starts explaining a "Plea Deal" or "Plea Agreement." We all go upset that he had the nerve to even think of such. Who is he representing?!!! So, with intense words we made it clear I want to fire him. He said to us, "That would be best because I'm going to quit." His motion to step down said I wouldn't take his advice. His advice was to take a plea deal. What is wrong with this man?!!! I have not had an attorney since. Don't have the income level to hire one and there hasn't been a hearing in court to request one since he stepped down.
An Amnibus hearing was set for Dec. 2008 and a few days before it was reset by the State of Indiana to Feb. 2009. Then it was reset by the State of Indiana for March, 2009. Currently is has been reset, again, for April 9, 2009. We will see if they keep that one. Meanwhile, my parents, myself, my wife, and in-laws have spoken to that Prosecutor that falsely issued the warrant (on Hearsay only) and he reviewed the evidence we gave him proving innocence. He took it and said to call a few days before the hearing in Dec. 2008. We called and his secretary said he was elected judge and is now in that position. He will NOT be able to be the judge on this case. The case was reassigned to the assistant prosecutor (now the main prosecutor) and since this the court hearings have been continuously reassigned and he refuses to meet with us to review my end of it. His secretaries state that the other prosecutor gave him our evidence so he doesn't need to meet us. Also, stating if we need to speak to him that we can at my hearing. This is frustrating he is giving a cold shoulder about this because he was the nicer one who contacted Brevard County Florida to release me from jail . He is NOT the one that issued the warrant, but the one that approved releasing me from jail in Florida. Now, he won't meet with us. That leaves us curious what his intentions are as we don't trust any of them. He seemed to be understanding when he released me.
My questions are: (1.) At this point is there anything I can do for the prosecutor for not following procedure, false arrest, malicous prosecution? The police officer for perjury? (2.) The police officer states he is witness to me doing this in Rockport Indiana. He signed as witness to me committing these crimes in Rockport Indiana. I didn't do anything wrong nor was I in Indiana to be doing such things. He knowingly filed he witnessed this in Rockport, IN. (3.) Can anything be done about "Breach of Contract" by her as I was NOT in any violation of the contract when she sought legal action to pressure me to give her the vehicle? I payed about $7,000 on the car that was NOT a lease or rental, but my vehicle by making the loan payments, driving, and owning it via contract. She took it without her Repaying the $7,000 I payed for as of June 19, 2008. Recently an attorney reviewed the contract for me and said I shouldn't have given her the car. It is valid. I didn't know if her attorney was just pressuring and bluffing or serious. I just didn't want the stress. So, I am confused about what to do about everything that has happened. (4.) Can this ex and her mother be prosecuted for Perjury (perjured affidavits) and False Reproting? If, so who do I file this with? What do I do? What is the process and procedure? Do I go to the police and show the perjury and false report that they filed in that police station along with the evidence that proves it is perjury and false reporting? We emailed the current prosecutor on this case asking if he infact got our evidence of innocence, if we may meet with him, and that we request that Lana M. Weber and Betty Weber (the ones who have done all this) be prosecuted for False Reporting and Perjury? His secretary said that he is aware of our stance in this matter, he won't meet with you, but you may speak to him on your hearing. (5.) Should the prosecutor have filed for dismissal or dropped it himself once he saw the all the evidence of my innocence and that he was lied to (false reporting perjury) by them? Last Question: If he doesn't request the judge to dismiss this case on April 9, 2009 should I file a motion to dismiss to the court myself? What should I do? My wife and I don't trust these authoritive figures because we already experienced false incarceration on "HearSay." Don't seem legal procedure to get a warrant for arrest for such things with just "Hearsay." I have flashbacks and dreams of this experience of jail and the future, though I am innocent. I am on disability, the Weber's knew this, and knew I suffer from Post Traumatic Stress Disorder, ADHD, and Depression but still proceded and procede to cause me further health strain. Is there a case covered under Disabilities act? I want this to be over and to live in peace, but if it keeps going they should pay for the damage caused. The Honeymoon Cruise experience ruined (it was not a free cruise), the health deterioration they caused, the $7,000 lost paying for a car she took. And the abuse of the legal system! Looking at the past, and having insight of the possibile future events what do I need to know to do?
I signed a contract of purchase for a vehicle stating that the vehicle was purchased for me, that I will make the loan payments, insurance payments, keep up the maintenance of the vehicle, and upon the last loan payment the car title will be signed to me. If there's a late payment I will pay the applicable fees and if the payment is more than one month late I must return the vehicle. Without me violating the contract my ex-girlfriend's attorney sent me a letter stating that his client is requesting the car back, the contract is not valid, I must give her the car, and if I don't by June 19, 2008 he will file suit for conversion and for any damages to the vehicle. I had just been through 2 years of stress in courts for divorce and custody of my twin sons in Texas. so I didn't want any more court stress. I didn't believe her attorney had any legal options to do this because an attorney had told me the contract is binding and I did all I was supposed to. The vehicle was was released on June 19, 2008 because of the threats and not wanting stress!!!
July 11, 2008 (about a month later) she and her mother went to the Spencer County Indiana (Rockport, IN) police and reported I had been in possession of her vehicle until June 19, 2008. That on June 19, 2008, in Rockport Indiana, I damaged the undercarriage, dented the front and back bumper, and loosened the oil drain to the point oil was leaking. The leather binder in the glove box was missing and the navigation dvd. Stating that I did all these things out of spite and malice being upset about returning the vehicle. Then on July 23, 2008 the prosecutor filed criminal case stating Conversion I.C.35-43-4-3(a) a class A misdemeanor and I.C.35-43-1-2(a)(1) a class D felony.
I had no idea they where doing this behind my back. I didn't find out until September 6, 2008 when I was coming off my Honeymoon Cruise Ship at Port Canaveral, FL when I was arrested in customs & immigrations. My wife and I had no clue what was going on. The people in Florida had no information to give us except they called me a "fugitive of justice from Indiana." Rockport, IN. This was/is a nightmare for my wife, our unborn child,(she was/is pregnant) myself, and my family.
I was put in Brevard County, FL jail Saturday (9-6-08) and released on Monday (9-8-08) after my parents, who live in KY, went to the prosecutor office in Rockport, IN to find out what this is all about. They explained to the assistant prosecutor I didn't do anthing wrong and it isn't possible as I was never in Indiana around that time. I was in Texas with the vehicle until the morning of June 19, 2008 and it was released in good conditon with nothing missing in it. It was released at Don Moore Toyota dealer in Owensboro, KY, where I live, I ordered it, and payed the down payment. It was driven their by my mom and my wife filmed the vehicle to show the condition inside and out. Took pictures to show the condition in and out. The video shows my mom getting out of the car in Owensboro, KY, giving the keys to someone inside the dealership, and walking away. As the video shows no damage, pictures show no damage, and my mom proved this to the prosecutor. No "unauthorized control," and "no criminal mischief."
This was video taped & pictures were taken due to specific threats by her attorney in May 2008 that he would file for damages and conversion of his client's car if I didn't return the vehicle. So, we covered our end on that. We went on with our lives and never thought back, until September 6, 2008 when such terrible experience happened. Had no clue what malicious things they were plotting. It is terrible!
On Thursday September 11, 2008 I appeared in Rockport Indiana for a hearing of these accusations. Entered "Not Guilty" and got a court appointed attorney. A hearing was set for Decemeber 2008. Before that date I spoke to my court appointed attorney. He gave us the State of Indiana's Response to his Motion to Produce Evidence. It states "NO EVIDENCE" on all things. With us showing him the contract, video, pictures, and backing it up with the "NO EVIDENCE" admitted by the State WE (my family) REQUESTED HIM TO FILE A MOTION TO DISMISS. He became rude. We asked him "Why can't he just file the motion to dismiss?" We asked "Why do we need to wait for that future hearing? Can you file for a hearing to dismiss now?" Instead of explaining if he can/will or can't/won't do this now he starts explaining a "Plea Deal" or "Plea Agreement." We all go upset that he had the nerve to even think of such. Who is he representing?!!! So, with intense words we made it clear I want to fire him. He said to us, "That would be best because I'm going to quit." His motion to step down said I wouldn't take his advice. His advice was to take a plea deal. What is wrong with this man?!!! I have not had an attorney since. Don't have the income level to hire one and there hasn't been a hearing in court to request one since he stepped down.
An Amnibus hearing was set for Dec. 2008 and a few days before it was reset by the State of Indiana to Feb. 2009. Then it was reset by the State of Indiana for March, 2009. Currently is has been reset, again, for April 9, 2009. We will see if they keep that one. Meanwhile, my parents, myself, my wife, and in-laws have spoken to that Prosecutor that falsely issued the warrant (on Hearsay only) and he reviewed the evidence we gave him proving innocence. He took it and said to call a few days before the hearing in Dec. 2008. We called and his secretary said he was elected judge and is now in that position. He will NOT be able to be the judge on this case. The case was reassigned to the assistant prosecutor (now the main prosecutor) and since this the court hearings have been continuously reassigned and he refuses to meet with us to review my end of it. His secretaries state that the other prosecutor gave him our evidence so he doesn't need to meet us. Also, stating if we need to speak to him that we can at my hearing. This is frustrating he is giving a cold shoulder about this because he was the nicer one who contacted Brevard County Florida to release me from jail . He is NOT the one that issued the warrant, but the one that approved releasing me from jail in Florida. Now, he won't meet with us. That leaves us curious what his intentions are as we don't trust any of them. He seemed to be understanding when he released me.
My questions are: (1.) At this point is there anything I can do for the prosecutor for not following procedure, false arrest, malicous prosecution? The police officer for perjury? (2.) The police officer states he is witness to me doing this in Rockport Indiana. He signed as witness to me committing these crimes in Rockport Indiana. I didn't do anything wrong nor was I in Indiana to be doing such things. He knowingly filed he witnessed this in Rockport, IN. (3.) Can anything be done about "Breach of Contract" by her as I was NOT in any violation of the contract when she sought legal action to pressure me to give her the vehicle? I payed about $7,000 on the car that was NOT a lease or rental, but my vehicle by making the loan payments, driving, and owning it via contract. She took it without her Repaying the $7,000 I payed for as of June 19, 2008. Recently an attorney reviewed the contract for me and said I shouldn't have given her the car. It is valid. I didn't know if her attorney was just pressuring and bluffing or serious. I just didn't want the stress. So, I am confused about what to do about everything that has happened. (4.) Can this ex and her mother be prosecuted for Perjury (perjured affidavits) and False Reproting? If, so who do I file this with? What do I do? What is the process and procedure? Do I go to the police and show the perjury and false report that they filed in that police station along with the evidence that proves it is perjury and false reporting? We emailed the current prosecutor on this case asking if he infact got our evidence of innocence, if we may meet with him, and that we request that Lana M. Weber and Betty Weber (the ones who have done all this) be prosecuted for False Reporting and Perjury? His secretary said that he is aware of our stance in this matter, he won't meet with you, but you may speak to him on your hearing. (5.) Should the prosecutor have filed for dismissal or dropped it himself once he saw the all the evidence of my innocence and that he was lied to (false reporting perjury) by them? Last Question: If he doesn't request the judge to dismiss this case on April 9, 2009 should I file a motion to dismiss to the court myself? What should I do? My wife and I don't trust these authoritive figures because we already experienced false incarceration on "HearSay." Don't seem legal procedure to get a warrant for arrest for such things with just "Hearsay." I have flashbacks and dreams of this experience of jail and the future, though I am innocent. I am on disability, the Weber's knew this, and knew I suffer from Post Traumatic Stress Disorder, ADHD, and Depression but still proceded and procede to cause me further health strain. Is there a case covered under Disabilities act? I want this to be over and to live in peace, but if it keeps going they should pay for the damage caused. The Honeymoon Cruise experience ruined (it was not a free cruise), the health deterioration they caused, the $7,000 lost paying for a car she took. And the abuse of the legal system! Looking at the past, and having insight of the possibile future events what do I need to know to do?
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