Before I share my situation take note that I currently have 3 felony convictions on my record. Two auto thefts, and one bicycle theft. The bike was test driven at a bike shop and not returned. I plea bargained everything and received probation. I was taken in around April of 1994 and released May 5, 1995 on the
bicycle matter. My probation on that matter expired around June of 1996 without incident.
Around June of 1998 I was working in Real Estate without a license with several friends that are licensed. I was working with defaults, bank owned properties, foreclosures, etc. I'd locate great bargains and refer them to my friends and they would handle the rest. When I established contacts I told people I was licensed. I've gotten extensive knowledge in R. E. so I was able to perform accordingly. I met a woman through the paper who was looking for a 2nd mortgage to purchase her current home that she was renting at the time. She was attempting to purchase the home with no money down. She was approved for a first already and needed about 35% for a second. Her credit was shot so her interest rate for the first was 18% fixed. My intention was to refer her to my friends or to some of the contacts I had established previously to earn a finder's fee. I referred her to several places and out of these she contacted two. Both mortgage brokers, one through creative real estate online and one in the S.F. area. They were able to work with her yet she didnít really provide the motivation and the necessary paperwork for the mortgage companies to provide her the service she wanted. She expected a low rate with better terms than the first loan she had pending.
She also was under the impression I was licensed and she herself ran a property rental business out of her home. She was running it in spite of a request by the department of real estate to discontinue it due to her lack of licensing. She worked with a client who was in need of a rental property and apparently he was not happy with her service so he filed a complaint with the department of real estate because he thought she was licensed. The D.R.E. contacted her and added her to their unlicensed practitioner's list and that was that. She was no longer able to run the ads and publicize her business to the degree she was previously. When I met her she was still running her business despite her run in with the D.R.E. several months prior. During the period I was working with her she expressed interest in having agent representation to gain better relations with the seller's agent. The seller's agent did not particularly care for her proposed offer to purchase with no money down. I put together I buyer's agreement between her and me. During the next couple of weeks I made several attempts to find her a partner to invest in the property so she may occupy it, he would be partial owner, and she would by him out later. During this period I provided her with different letters and paperwork to reinforce her perception of me as a real estate agent. I received no more than $2500 from her over the course of a couple of weeks for miscellaneous fees, pertaining to obtaining the money. Things did not turn out as planned in the end. I arrived at her home one afternoon to speak with her and there was another woman there with her. It turned out it was a fraud investigator. The main officer popped out of the garage to identify their selves. Apparently the women I was dealing with had concerns about the signatures on the paperwork I provided her previously. She felt one signature looked like a females when a manís name appeared. Nonetheless things fell apart and the investigators invited me to the station for questioning. I had no intention on staying at her home for a long time so I had my spouse and kids drop me off and they were do to pick me up shortly. They drove by the house and saw what was happening so I requested they meet me downtown. I agreed to go to the station to speak with the investigators because my only concern was to not get taken into custody. I had been out for some time and my spouse and kids were waiting for me. This was not anticipated at all. Once I arrived at the station the two fraud investigators and I spoke on the matter. Out of concern for going to jail I told them I was the only one involved and the paperwork and information contained in it was from me. They found it difficult to believe I acted alone considering the letters had other names and signatures, phone numbers, etc. The paperwork provided to the women was on letter head with company names, phone numbers, etc. The investigators asked if I had her money still and I told them I would get it to her tomorrow because the banks were closed. I did have her money and still have the money yet the investigator requested I hold on to it and that he would be in touch. I was finger printed and had my picture taken and I went home. Several days later the investigator called and mentioned the women needed her paperwork back, e.g., credit report, etc. I drove it out to him exactly as it was and he said he would be in touch with no mention of paying her at that time.
Time went on and I had not heard from him. I contacted the court clerk a couple of months later to find out if any case was filed and it turned out there was. They mailed a notice to me to an address that was on the paperwork that I gave to the women I was involved with. I never received it. The investigator had my current address and phone number that I gave to him yet that apparently was not forwarded to the DA.
A warrant of arrest was issued for $10k. The charge is 487A, F1, 1203(E)(4) *3 priors. Once I inquired on the charges I realized what the district attorneys' intentions were. I decided to not schedule a new court date and up to now I have not. I switched jobs, and relocated since. I would have paid her off on my own yet it seemed as though the investigator's concern was to only file charges not for her to get her money back.
It's been a while and several prospective job offers are available in the technical field that I want to pursue.
To many restrictions are placed on my family's life while dodging the law. I'm still in a position to return her
money yet I am not sure how I should go about it. I thought about surrendering myself to the courts with a bondsman to clear the warrant, hire a lawyer and fight the case. Another option would be to pay her off on my own and at the same time request she drops the matter from her end. Maybe this would discourage the district attorney from pursuing the matter. Although I know the DA would still be able to pursue the matter it would hopefully discourage her. It appears that the charge is not consistent with the situation. It is however consistent with my priors. Iím open to all advice. Thanks.