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bigboy

Guest
What is the name of your state? Texas
My ex-girlfriend is in a custody battle and the father of her child wants me to give a deposition against her. I have no problem with helping him but she has told me that if I do give a deposition that she will prosicute me for some B.S. charges she filled on me. She has made it clear that if I don't do it she will drop the charges. I know she isn't lying, because the police have contacted me about the charges. What I want to know is, isn't this some sort of crime she is committing? Just to let you know I haven't been served with anything yet, pertaining to the deposition, but I know it isn't far off. Also, any advice on what to do, other then get an attorney?
 


I AM ALWAYS LIABLE

Senior Member
bigboy said:
What is the name of your state? Texas
My ex-girlfriend is in a custody battle and the father of her child wants me to give a deposition against her. I have no problem with helping him but she has told me that if I do give a deposition that she will prosicute me for some B.S. charges she filled on me. She has made it clear that if I don't do it she will drop the charges. I know she isn't lying, because the police have contacted me about the charges. What I want to know is, isn't this some sort of crime she is committing? Just to let you know I haven't been served with anything yet, pertaining to the deposition, but I know it isn't far off. Also, any advice on what to do, other then get an attorney?

My response:

First, once you're served with a Subpoena, you'll have no choice in the matter of testifying.

Second, once you're served, tell your ex-girlfriend that you need to have her wishes placed in writing. Use the excuse that you need her note so you can "get out of" having to testify. Make sure she writes her threats to you as vividly as possible.

Third, take your Subpoena and her note to the District Attorney's office to have her prosecuted for "witness tampering" - - a felony.

That'll teach her to screw around with you!

IAAL
 
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bigboy

Guest
I have already tried to get her to write it down for me and she wouldn't, BUT i do have her recorded on my voice mail stating "she will call off the dogs if things stay like they are" this is after I told her I had left the state and wouldn't give the deposition. Does that help me any?
PS. I need to listen to the voice mail again but I'm sure she stated it like that or very close to it.
 

I AM ALWAYS LIABLE

Senior Member
bigboy said:
I have already tried to get her to write it down for me and she wouldn't, BUT i do have her recorded on my voice mail stating "she will call off the dogs if things stay like they are" this is after I told her I had left the state and wouldn't give the deposition. Does that help me any?
PS. I need to listen to the voice mail again but I'm sure she stated it like that or very close to it.

My response:

It might, but when you're served, call her again and tape record the conversation. Tell her that you've got the subpoena, and tell her you're going to tell the truth. Then, on tape, let her babble on with her threats. Take THAT tape to the D.A.'s office, and let her have a coronary when they contact her.

IAAL
 
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bigboy

Guest
Great idea, but Isn't it illegal to record a coversation with out the other party knowing??
 

I AM ALWAYS LIABLE

Senior Member
bigboy said:
Great idea, but Isn't it illegal to record a coversation with out the other party knowing??

My response:

Not in Texas, it isn't. Texas is a "one-party" State. So, you can give yourself the permission to record, and she doesn't even have to know.

And, you know what? It's just tough crap for her. Witness tampering is extremely serious, especially when the tampering is for the purpose of Blackmail.

Go get her!

IAAL
 
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bigboy

Guest
I sure hope your right, and if you are you have made my day,no my year. I can't thank you enough, that bitch is finally going to get hers.
 
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hmmbrdzz

Guest
I've got to ask something here. If you're a witness to something, and this woman is trying to discredit your possible upcoming testimony against her, have you considered she might be able to do just that and may be in the clear if you can't prove these "BS" charges are indeed "BS"? Is she going to be idiot enough to threaten you after a subpoena has been issued to you for your testimony? And here's another question (help IAAL). If the threats came prior to the issuance of the subpeona (i.e. you knew about possibly of being called to testify, you knew about the threats, you had spoken to about charges, and you left the state), would her threats carry enough weight to be considered "witness tampering" on the heels of all of this? Or might they be considered just your last ditch effort to save yourself. In other words, could you possibly pin your ownself to the wall if you took a tape to the DA and all of it was investigated for witness tampering. Do you mind saying what the info is she has on you? If you are subpeonaed, can you afford an attorney (or could he even get one IAAL)? And how can she "drop charges"?


hmmbrdzz
 
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bigboy

Guest
I'm not clear on what your asking? First of all, who ever said anything about her trying to discreadit my testamony. I can't help wondering why you said that. Where are you from? Do you have any knowledge of this case, or know the people involved?
 
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bigboy

Guest
A few answers to the questions I could understand. Yes, I can afford an attorney and yes I can have an attorney present when I give my deposition. Second, how could this blow up on me, I wasn't leaving to avoid some misdemeanor charges, hell I'll pay the fines. Third, she has threatend me already and I have the threats recorded, so she doesn't have to be idot enough to do it when I get the subpeona. As for the charges, and me proving them to be B.S., who cares she is useing them as leverage against me. (ie: you give the deposition I prosicute, and if you don't then I'll drop them) The only way I could avoid the deposition and get her off my back was to leave the state, and dodge the subpeona. You asked how can she drop the charges, simple she just tells them she no longer wants to prosicute me and the police then won't take them to the D.A.
 
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hmmbrdzz

Guest
bigboy said:
I'm not clear on what your asking? First of all, who ever said anything about her trying to discreadit my testamony. I can't help wondering why you said that. Where are you from? Do you have any knowledge of this case, or know the people involved?
My response: You're not clear and don't know why I've asked, but you're the one trying to get someone to write something down on paper, and now you're trying to figure out how to tape someone because they've threatened charges against you if you give a deposition, and they have told you they'll "call off the dogs" if you don't testify. And you left the state? Well wonder no more who I am or why I've asked the questions I did. I'm "the dogs". I'm from the FBI, and I've been watching you. I know all about the case and know everyone involved in it.

What the he** is wrong with you, anyhow? Are you paranoid? Are you really in this situation or is it in your head?


hmmbrdzz
 
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hmmbrdzz

Guest
bigboy said:
A few answers to the questions I could understand. Yes, I can afford an attorney and yes I can have an attorney present when I give my deposition. Second, how could this blow up on me, I wasn't leaving to avoid some misdemeanor charges, hell I'll pay the fines. Third, she has threatend me already and I have the threats recorded, so she doesn't have to be idot enough to do it when I get the subpeona. As for the charges, and me proving them to be B.S., who cares she is useing them as leverage against me. (ie: you give the deposition I prosicute, and if you don't then I'll drop them) The only way I could avoid the deposition and get her off my back was to leave the state, and dodge the subpeona. You asked how can she drop the charges, simple she just tells them she no longer wants to prosicute me and the police then won't take them to the D.A.
My response: Bigboy You better care about leverage. It isn't always considered illegal. If you don't know how this can blow up on you, start finding that attorney.


hmmbrdzz
 
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bigboy

Guest
"My response: You're not clear and don't know why I've asked, but you're the one trying to get someone to write something down on paper, and now you're trying to figure out how to tape someone because they've threatened charges against you if you give a deposition, and they have told you they'll "call off the dogs" if you don't testify. And you left the state? Well wonder no more who I am or why I've asked the questions I did. I'm "the dogs". I'm from the FBI, and I've been watching you. I know all about the case and know everyone involved in it. "


My response: get your own life!
 
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bigboy

Guest
Do you have trouble reading? Who ever said I didn't care about the leverage she is trying to use on me? I think thats why I asked the question in the first place. When did I ever say I was trying to figure out how to tape someone, I already have her on tape, she left it on my voice mail and I recorded it off there. As for why I asked where your from and why you said something about the discrediting, if you have been watching me and know so much then you should know why. You asked is it in my head, Yep!! I just had nothing better to do so I thought I would ask a stupid question like this, just incase it should ever happen. By the way, the reason I didn't understand your question, is because it didn't make any sense.
PS. I said I told her I left the state, I never said I actually left, and as for me being paranoid, yes I am. If you knew what she has done in the past, you would be too. (that's the reason she doesn't want me to give the deposition)
 
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bigboy

Guest
After having a chance to think about your posts Hmmbrdzzz, you obvously aren't an attorney, or in any form of law enforcement, so why are you posting advice on this forum. I beleive this forum is for legal advice, which you have none to offer. If your just posting advice on here to hear yourself talk, don't, just go back to the chat rooms where you came from. Some of us would like real advice from a real attorney, not the opinions of the want-a-bees or the armchair lawyers. So please, keep your TV law degree to yourself.
 

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