Framed for Theft

[Willoughby]

What is the name of your state (only U.S. law)? Philadelphia, PA
I'm a gay male, age 24. I was dating a guy back in 2011 who had a decent amount of money. At that time, he allowed me to use his credit card many times. In fact, he gave me his credit card to use for a 4 month period. He also bought me two (cheap) old cars. I have copies of the checks with his signature on it, so it's provable that he was buying me all this stuff. Basically, things went sour in November 2011, and I broke it off with him and moved on. After we broke up, I never used his credit cards again and didn't have any of that information. In December 2011, I found out he was accusing me of 3 months of credit card fraud, literally hundreds of transactions. He reported all this to the police. I guess they were unwilling to proceed though. I got a few calls from him threatening me and telling me I was going to jail but I basically just wrote it off. I mean, after all, if it really was fraud, why did he wait 3 months to report it? Until after we separated, of course... Well, in January 2012, suddenly I get a knock on the door, open it, and was thrown on the ground and arrested. I was charged with 64 counts of access device fraud, forgery, identity theft, theft, etc. I was absolutely shocked and I was held on bail for two weeks until finally I was released on my own recognizance.

I discovered that apparently in December, his debt card had been used to order thousands of dollars of things on the computer. There were thousands of dollars of purchases, for televisions, computers, playstations, basically everything you could think of. Guess what the delivery address was? MY NAME and MY ADDRESS were used as the shipping address... I had a chance to talk with him after this and he giggled and thought it was so funny. He's basically just ruining my life (I had no criminal record, save a marijuana charge, prior to this incident). So basically he apologizes, and he tells me that he will withdraw the charges, and that he plans on not showing up to the preliminary hearing and that if we both just don't go, they will drop it. Well guess what? I believed him and didn't go and he went.... They had the preliminary hearing without me and all charges were held.... so it went to the common pleas court.

Fast forward, he filed a PFA against me and I didn't go to court thinking I had no problem not contacting him, let it be done with... Obviously he got the PFA because I didn't show up. I then was arrested in 2013 on a PFA violation for allegedly making a phone call to him and threatening him. I made no such call! Actually, I later found out the call was made from a pay phone near where I live. Also, my public defender subpoenaed the IP address records of the computer that ordered all the stuff with his credit card. He did it on an internet connection right near my house (he lives an hour away). I'm absolutely terrified at this point. This is really the truth. I talked to the detective and he even told me that he believed me, but at this point the proseuctor had taken over the case. They basically admitted they have no case.

I went to court a few months ago and basically my public defender is telling me I should just take a plea, because the prosecutor is threatening prison time! They're basically willing to just give me ONE misdemeanor theft and drop all the other charges! But, I have to agree to pay back all of this stuff I didn't do! Literally like 30k worth of stuff! I have no money to hire a private attorney... so I told the public defender I want to take it to a jury trial. I wasn't going to accept this. As soon as I said that, he basically got very short with me and told the prosecutor I was "non-cooperative" and requested a continuance. My court date is next month and I really want to be proven not guilty. I was framed and basically the PD doesn't even want to help me. They basically just are all about taking a plea and getting it over with. I asked what's happening at the next court date and they said I will have another chance to enter a plea. I noted that the jury trial is still not scheduled. Of course my ex shows up to every court date all dressed up in a suit and smiling and thinks this is all so funny. I honestly lost all faith in the justice system. I thought it was my right to a jury trial but now I'm scared because my PD seems like he doesn't even want to bother with me, he's just trying to force me into a plea, he didn't even want to listen to my story! I'm worried whether or not he will really be defending me or just going through the motions. Like, I can't even describe to you guys, he just came in and was basically like, here's your plea, you're going to sign this and it will be over.... WTF! When I refused to sign, suddenly I was "non-cooperative" because I won't plead guilty to something I didn't do. My ex just sat there in court sneering at me too. I can't believe this and I'm so scared and I don't know what to do. My current boyfriend was around when all this happened in 2011 and he knows that I didn't do this.

Basically, he managed to turn a losing civil case (claiming all this was a loan when it was all a gift) into a criminal case... and of course, he did it in a way that makes me look like hell. Why on earth would I order thousands of dollars of stuff with his credit card to my name and address after we had broken up??? That's just asking to be arrested. It just doesn't make sense and I'm so scared that my PD isn't even on my side. My PD also said that the victim wants jail time... so I'm like really freaking out

 

[quincy]

What is the name of your state (only U.S. law)? Philadelphia, PA
I'm a gay male, age 24. I was dating a guy back in 2011 who had a decent amount of money. At that time, he allowed me to use his credit card many times. In fact, he gave me his credit card to use for a 4 month period. He also bought me two (cheap) old cars. I have copies of the checks with his signature on it, so it's provable that he was buying me all this stuff. Basically, things went sour in November 2011, and I broke it off with him and moved on. After we broke up, I never used his credit cards again and didn't have any of that information. In December 2011, I found out he was accusing me of 3 months of credit card fraud, literally hundreds of transactions. He reported all this to the police. I guess they were unwilling to proceed though. I got a few calls from him threatening me and telling me I was going to jail but I basically just wrote it off. I mean, after all, if it really was fraud, why did he wait 3 months to report it? Until after we separated, of course... Well, in January 2012, suddenly I get a knock on the door, open it, and was thrown on the ground and arrested. I was charged with 64 counts of access device fraud, forgery, identity theft, theft, etc. I was absolutely shocked and I was held on bail for two weeks until finally I was released on my own recognizance.

I discovered that apparently in December, his debt card had been used to order thousands of dollars of things on the computer. There were thousands of dollars of purchases, for televisions, computers, playstations, basically everything you could think of. Guess what the delivery address was? MY NAME and MY ADDRESS were used as the shipping address... I had a chance to talk with him after this and he giggled and thought it was so funny. He's basically just ruining my life (I had no criminal record, save a marijuana charge, prior to this incident). So basically he apologizes, and he tells me that he will withdraw the charges, and that he plans on not showing up to the preliminary hearing and that if we both just don't go, they will drop it. Well guess what? I believed him and didn't go and he went.... They had the preliminary hearing without me and all charges were held.... so it went to the common pleas court.

Fast forward, he filed a PFA against me and I didn't go to court thinking I had no problem not contacting him, let it be done with... Obviously he got the PFA because I didn't show up. I then was arrested in 2013 on a PFA violation for allegedly making a phone call to him and threatening him. I made no such call! Actually, I later found out the call was made from a pay phone near where I live. Also, my public defender subpoenaed the IP address records of the computer that ordered all the stuff with his credit card. He did it on an internet connection right near my house (he lives an hour away). I'm absolutely terrified at this point. This is really the truth. I talked to the detective and he even told me that he believed me, but at this point the proseuctor had taken over the case. They basically admitted they have no case.

I went to court a few months ago and basically my public defender is telling me I should just take a plea, because the prosecutor is threatening prison time! They're basically willing to just give me ONE misdemeanor theft and drop all the other charges! But, I have to agree to pay back all of this stuff I didn't do! Literally like 30k worth of stuff! I have no money to hire a private attorney... so I told the public defender I want to take it to a jury trial. I wasn't going to accept this. As soon as I said that, he basically got very short with me and told the prosecutor I was "non-cooperative" and requested a continuance. My court date is next month and I really want to be proven not guilty. I was framed and basically the PD doesn't even want to help me. They basically just are all about taking a plea and getting it over with. I asked what's happening at the next court date and they said I will have another chance to enter a plea. I noted that the jury trial is still not scheduled. Of course my ex shows up to every court date all dressed up in a suit and smiling and thinks this is all so funny. I honestly lost all faith in the justice system. I thought it was my right to a jury trial but now I'm scared because my PD seems like he doesn't even want to bother with me, he's just trying to force me into a plea, he didn't even want to listen to my story! I'm worried whether or not he will really be defending me or just going through the motions. Like, I can't even describe to you guys, he just came in and was basically like, here's your plea, you're going to sign this and it will be over.... WTF! When I refused to sign, suddenly I was "non-cooperative" because I won't plead guilty to something I didn't do. My ex just sat there in court sneering at me too. I can't believe this and I'm so scared and I don't know what to do. My current boyfriend was around when all this happened in 2011 and he knows that I didn't do this.

Basically, he managed to turn a losing civil case (claiming all this was a loan when it was all a gift) into a criminal case... and of course, he did it in a way that makes me look like hell. Why on earth would I order thousands of dollars of stuff with his credit card to my name and address after we had broken up??? That's just asking to be arrested. It just doesn't make sense and I'm so scared that my PD isn't even on my side. My PD also said that the victim wants jail time... so I'm like really freaking out

I suggest you ask your family and/or friends for a loan, or take out a personal loan, or sell one of your two cars or other possessions, and hire another attorney - if you do not trust your public defender.

The story you tell is a bit of a fantastic one, so you should probably expect not to be believed, at least at first.

Good luck.


(interesting use of ellipses)

 

[Willoughby]

I suggest you ask your family and/or friends for a loan, or take out a personal loan, or sell one of your two cars or other possessions, and hire another attorney - if you do not trust your public defender.

The story you tell is a bit of a fantastic one, so you should probably expect not to be believed, at least at first.

Good luck.


(interesting use of ellipses)

It's crazy, i know... But, doesn't it strike you as a bit odd that he would wait 3 MONTHS (until after we were broken up) to report supposed theft that happened in August??? If I really stole this stuff, why didn't he call the cops in August? Why didn't he kick me out on the first theft? Why wait until after we broke up to report months of stolen stuff! Also, by the way, I don't own the cars anymore. They were cheap, junky $1500 cars that we liked to play around with. This happened years ago, don't forget. I'm sorry if this seems fantastic, but I have the proof!

 

[swalsh411]

I believed him and didn't go and he went....

That was stupid!

Why have you lost faith in the justice system? Because this isn't over as quickly as you would like it to be? You are not incarcerated, and you will have your day in Court where you will be innocent until proven guilty. You have every right to be "non-cooperative" with the DA if you do not want to cut a plea.

 

[Mass_Shyster]

What happened to all the stuff that was shipped to you?

 

[Eekamouse]

That was my question, too. So where did all the stuff that was purchased go? Who signed for the deliveries?

 

[Willoughby]

What happened to all the stuff that was shipped to you?

I wrote this once already but my post disappeared so I'm going to type it again... This is a great and important question. I never received ANY of the stuff that was shipped to me. As I said, I didn't even know about this until I was arrested in January! After the stuff was ordered, the next day he 'discovered' the unauthorized transactions and contacted the bank, companies, and (of course) police immediately (before anything could be shipped out). It wouldn't have fit in his story too well if I received this stuff and refused it or called the police myself. No, he cancelled all this before any of it got sent. Of course, then the cops contacted these various businesses and guess whose name was on the shipping address for the orders... Again, I had no idea any of this was going on until I got a detective banging on my door. I knew he was accusing me of fraud for using his credit card when we were together (like 3 months prior), but I wrote that off as just nonsense. After all, it seemed to me unbelievable that the police would buy that he waited 3 months to report that stuff (and they didn't originally, which is why I think he did this thing in December). I mean, we were boyfriends and he let me use his card because I was unemployed.. like then 3 months later you're going to say dozens of transactions from months ago were fraud after we broke up? How does that work? I think it's funny too that he waited MONTHS to report all the other credit card transactions as fraud, but the December transactions (there were like 15 or so at a variety of companies) he caught the very next day... isn't that convenient.. By the way, this isn't speculation on my part. He ADMITTED all this to me when we talked about it.

At this point, even if I get found not guilty, I'm not even happy with that. I think his ass should really go to jail for framing me for all this stuff. Of course, once the cops had the evidence for this fraud in December, they then used that excuse to tack on all the stuff from the previous months. It sucks for me too, because I come off as a little rough in appearance and stuff (tats, etc.). I never finished high school and he's this austere goody-two-shoes grad student who basically looks down on everybody. I just worry that they'll take one look at me and I'll appear uncredible. I do have some letters he sent me and stuff after all this happened, which I think helps my story a lot... but IDK. I get the impression that my public defender doesn't want to be bothered to take this to trial, I have no money for an attorney... and the PD basically told me that if we take it to trial we should take it to a bench trial because thats faster... I just get the impression that he's more or less concerned about doing as little work as possible than defending me. He talked to me literally less than 5 minutes and most of that time was trying to convince me to take a plea or arguing that a bench trial would be better, when I feel a jury trial would be better. I'm not taking a plea though.. I don't care what they do, I'm going to keep wanting the jury trial and if they wont let me have it I'll have the bench trial but I'm not pleading guilty for BS I didn't do

I just want to know what you all think my chances are with what I've told you, because that's basically the overview of the whole story. I promise I'll let you know what the outcome of this is.

BTW, if you guys want proof or something, I can scan my court docs if you don't believe me.

 

[Ohiogal]

If you were charged in 2012, why haven't you gone to trial yet? It is two years later. Sorry but I am not buying it. Come up with a new story. If you were charged in January 2012, you would have been on trial before the end of that year easily. So I call BS.

 

[Ohiogal]

I wrote this once already but my post disappeared so I'm going to type it again... This is a great and important question. I never received ANY of the stuff that was shipped to me. As I said, I didn't even know about this until I was arrested in January! After the stuff was ordered, the next day he 'discovered' the unauthorized transactions and contacted the bank, companies, and (of course) police immediately (before anything could be shipped out). It wouldn't have fit in his story too well if I received this stuff and refused it or called the police myself. No, he cancelled all this before any of it got sent. Of course, then the cops contacted these various businesses and guess whose name was on the shipping address for the orders... Again, I had no idea any of this was going on until I got a detective banging on my door. I knew he was accusing me of fraud for using his credit card when we were together (like 3 months prior), but I wrote that off as just nonsense. After all, it seemed to me unbelievable that the police would buy that he waited 3 months to report that stuff (and they didn't originally, which is why I think he did this thing in December). I mean, we were boyfriends and he let me use his card because I was unemployed.. like then 3 months later you're going to say dozens of transactions from months ago were fraud after we broke up? How does that work? I think it's funny too that he waited MONTHS to report all the other credit card transactions as fraud, but the December transactions (there were like 15 or so at a variety of companies) he caught the very next day... isn't that convenient.. By the way, this isn't speculation on my part. He ADMITTED all this to me when we talked about it.

At this point, even if I get found not guilty, I'm not even happy with that. I think his ass should really go to jail for framing me for all this stuff. Of course, once the cops had the evidence for this fraud in December, they then used that excuse to tack on all the stuff from the previous months. It sucks for me too, because I come off as a little rough in appearance and stuff (tats, etc.). I never finished high school and he's this austere goody-two-shoes grad student who basically looks down on everybody. I just worry that they'll take one look at me and I'll appear uncredible. I do have some letters he sent me and stuff after all this happened, which I think helps my story a lot... but IDK. I get the impression that my public defender doesn't want to be bothered to take this to trial, I have no money for an attorney... and the PD basically told me that if we take it to trial we should take it to a bench trial because thats faster... I just get the impression that he's more or less concerned about doing as little work as possible than defending me. He talked to me literally less than 5 minutes and most of that time was trying to convince me to take a plea or arguing that a bench trial would be better, when I feel a jury trial would be better. I'm not taking a plea though.. I don't care what they do, I'm going to keep wanting the jury trial and if they wont let me have it I'll have the bench trial but I'm not pleading guilty for BS I didn't do

I just want to know what you all think my chances are with what I've told you, because that's basically the overview of the whole story. I promise I'll let you know what the outcome of this is.

BTW, if you guys want proof or something, I can scan my court docs if you don't believe me.

You might as well scan your criminal case because December 2011 and charged in January 2012? Your case should have been dismissed by now on the theft/fraud whatever. That whole speedy trial issue.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Philadelphia, PA
I'm a gay male, age 24. I was dating a guy back in 2011 who had a decent amount of money. At that time, he allowed me to use his credit card many times. In fact, he gave me his credit card to use for a 4 month period. He also bought me two (cheap) old cars. I have copies of the checks with his signature on it, so it's provable that he was buying me all this stuff. Basically, things went sour in November 2011, and I broke it off with him and moved on. After we broke up, I never used his credit cards again and didn't have any of that information. In December 2011, I found out he was accusing me of 3 months of credit card fraud, literally hundreds of transactions. He reported all this to the police. I guess they were unwilling to proceed though. I got a few calls from him threatening me and telling me I was going to jail but I basically just wrote it off. I mean, after all, if it really was fraud, why did he wait 3 months to report it? Until after we separated, of course... Well, in January 2012, suddenly I get a knock on the door, open it, and was thrown on the ground and arrested. I was charged with 64 counts of access device fraud, forgery, identity theft, theft, etc. I was absolutely shocked and I was held on bail for two weeks until finally I was released on my own recognizance.

I discovered that apparently in December, his debt card had been used to order thousands of dollars of things on the computer. There were thousands of dollars of purchases, for televisions, computers, playstations, basically everything you could think of. Guess what the delivery address was? MY NAME and MY ADDRESS were used as the shipping address... I had a chance to talk with him after this and he giggled and thought it was so funny. He's basically just ruining my life (I had no criminal record, save a marijuana charge, prior to this incident). So basically he apologizes, and he tells me that he will withdraw the charges, and that he plans on not showing up to the preliminary hearing and that if we both just don't go, they will drop it. Well guess what? I believed him and didn't go and he went.... They had the preliminary hearing without me and all charges were held.... so it went to the common pleas court.

Fast forward, he filed a PFA against me and I didn't go to court thinking I had no problem not contacting him, let it be done with... Obviously he got the PFA because I didn't show up. I then was arrested in 2013 on a PFA violation for allegedly making a phone call to him and threatening him. I made no such call! Actually, I later found out the call was made from a pay phone near where I live. Also, my public defender subpoenaed the IP address records of the computer that ordered all the stuff with his credit card. He did it on an internet connection right near my house (he lives an hour away). I'm absolutely terrified at this point. This is really the truth. I talked to the detective and he even told me that he believed me, but at this point the proseuctor had taken over the case. They basically admitted they have no case.

I went to court a few months ago and basically my public defender is telling me I should just take a plea, because the prosecutor is threatening prison time! They're basically willing to just give me ONE misdemeanor theft and drop all the other charges! But, I have to agree to pay back all of this stuff I didn't do! Literally like 30k worth of stuff! I have no money to hire a private attorney... so I told the public defender I want to take it to a jury trial. I wasn't going to accept this. As soon as I said that, he basically got very short with me and told the prosecutor I was "non-cooperative" and requested a continuance. My court date is next month and I really want to be proven not guilty. I was framed and basically the PD doesn't even want to help me. They basically just are all about taking a plea and getting it over with. I asked what's happening at the next court date and they said I will have another chance to enter a plea. I noted that the jury trial is still not scheduled. Of course my ex shows up to every court date all dressed up in a suit and smiling and thinks this is all so funny. I honestly lost all faith in the justice system. I thought it was my right to a jury trial but now I'm scared because my PD seems like he doesn't even want to bother with me, he's just trying to force me into a plea, he didn't even want to listen to my story! I'm worried whether or not he will really be defending me or just going through the motions. Like, I can't even describe to you guys, he just came in and was basically like, here's your plea, you're going to sign this and it will be over.... WTF! When I refused to sign, suddenly I was "non-cooperative" because I won't plead guilty to something I didn't do. My ex just sat there in court sneering at me too. I can't believe this and I'm so scared and I don't know what to do. My current boyfriend was around when all this happened in 2011 and he knows that I didn't do this.

Basically, he managed to turn a losing civil case (claiming all this was a loan when it was all a gift) into a criminal case... and of course, he did it in a way that makes me look like hell. Why on earth would I order thousands of dollars of stuff with his credit card to my name and address after we had broken up??? That's just asking to be arrested. It just doesn't make sense and I'm so scared that my PD isn't even on my side. My PD also said that the victim wants jail time... so I'm like really freaking out

A) I don't believe the dates.
B) You weren't held on bail. You may have been incarcerated until you could make bond or get a bond argument but you weren't held on bail.
C) HOw many times was your bond revoked? If you don't appear, your bond is revoked. So was a warrant put out for you not showing at the prelim hearing?
D) How many times did your side request a continuance?

 

[Willoughby]

A) I don't believe the dates.
B) You weren't held on bail. You may have been incarcerated until you could make bond or get a bond argument but you weren't held on bail.
C) HOw many times was your bond revoked? If you don't appear, your bond is revoked. So was a warrant put out for you not showing at the prelim hearing?
D) How many times did your side request a continuance?

I guess I can't attach a PDF file here? It doesn't seem like there's any option to attach anything.
A) The dates are screwed up because there was a warrant for my arrest for 8 months (please also see B).
B) I was given RoR 3 times, finally given $5,000 bond.
C) My bond was revoked 3 times. A warrant was put out for me not showing at the prelim hearing. However, I understand the normal practice is to put out a warrant and then arrest and take me to have the hearing. The detective and DA however, chose to have what's known as a "Rule 543" hearing. You can look this up in the code here, but basically it means if you don't show up at the prelim, they CAN choose to have the prelim hearing without you because you essentially waive your right to the hearing. It's my understanding that this doesn't happen often, but it did in my situation. Like I said, the charges were held and a warrant was put out. I was arrested again (months later) and my bond RoR was reinstated at the common pleas court. I showed for my prelim arraignment, but I didn't go to the non-jury trial date but had a good reason and actually was able to get RoR re-instated again. Final time I missed the judge said it wasn't a good reason and held me till my brother bailed me out. I also am required to wear an ankle monitor because I missed so many court dates. It was hard though because I live an hour from the court and had no car at the time I started missing. And I missed the prelim because of my ex's advice that he wasn't planning on going either..
D) I really am not sure. I actually think we did request 1 because at the first preliminary hearing date WHICH I DID GO TO, I said I didn't have an attorney and wanted a PD so I had to fill out a form and it was continued... but then I didn't show to the next hearing because my ex promised he wasn't going and it would be dropped

Here's a copy of the dates from the web docket sheet:
Preliminary Arraignment 01/12/2012 9:30 pm
Scheduled
Preliminary Hearing 01/19/2012 8:30 am
Continued
Preliminary Hearing 03/01/2012 8:30 am
Continued
Preliminary Hearing 03/15/2012 8:30 am
Continued
Preliminary Hearing 04/05/2012 8:30 am
Continued
Preliminary Hearing 04/26/2012 8:30 am
Scheduled
Formal Arraignment 06/13/2012 1:00 pm
Scheduled
09/14/2012 8:30 am
ACT - Pre-Trial Scheduled Conference
11/27/2012 9:00 am
Non-Jury Trial Scheduled
08/02/2013 8:30 am
ACT - Pre-Trial Scheduled Conference
10/24/2013 9:00 am
Non-Jury Trial Continued
01/22/2014 9:00 am
Non-Jury Trial Scheduled

Here's the bail kinds of stuff:
Nebbia Status: None
Bail Action Date Bail Type Percentage Amount
Bail Posting Status Posting Date
Set 01/12/2012 Nonmonetary $0.00
Revoke 05/10/2012 Nonmonetary $0.00
Set (bail modification) 08/03/2012 Nonmonetary $0.00
Revoke 11/28/2012 Nonmonetary $0.00
Set (bail modification) 06/28/2013 Monetary 10.00% $5,000.00
Posted 07/25/2013

Looking back at the dates, I now remember that the preliminary hearing was continued 2 times (i think, but I'm not sure) because the 'victim' couldn't come (or just didn't show up). At this point, I've gone through hell with him... I didn't even get into the other issue that he did to me. But basically you know that car he bought me and the check with the VIN number and his sig on it? Well, when I went to the notary the seller and I agreed to say the car was a gift (so I wouldn't have to pay taxes on it). I filled out an affidavit of gift saying that I had given the seller no money. Well when my ex flipped out on me, he gave the cops a copy of the check with the VIN number for the car I had bought on it and told them I lied on the affidavit. I then was charged with: tampering with public records, false swearing, and theft by deception (of pblic services)... I took a plea for the false swearing charge on that and got probation... so he's really out to get me. Yeah, it was wrong and everything to lie about not paying for the car, but come on.. It just goes to illustrate that this kid is out to bury my ass though and he does a pretty good job of it. I'm not worried about that though cause it's over, I'm more worried about this theft case

 

[Just Blue]

What is the name of your state (only U.S. law)? Philadelphia, PA
I'm a gay male, age 24. I was dating a guy back in 2011 who had a decent amount of money. At that time, he allowed me to use his credit card many times. In fact, he gave me his credit card to use for a 4 month period. He also bought me two (cheap) old cars. I have copies of the checks with his signature on it, so it's provable that he was buying me all this stuff. Basically, things went sour in November 2011, and I broke it off with him and moved on. After we broke up, I never used his credit cards again and didn't have any of that information. In December 2011, I found out he was accusing me of 3 months of credit card fraud, literally hundreds of transactions. He reported all this to the police. I guess they were unwilling to proceed though. I got a few calls from him threatening me and telling me I was going to jail but I basically just wrote it off. I mean, after all, if it really was fraud, why did he wait 3 months to report it? Until after we separated, of course... Well, in January 2012, suddenly I get a knock on the door, open it, and was thrown on the ground and arrested. I was charged with 64 counts of access device fraud, forgery, identity theft, theft, etc. I was absolutely shocked and I was held on bail for two weeks until finally I was released on my own recognizance.

I discovered that apparently in December, his debt card had been used to order thousands of dollars of things on the computer. There were thousands of dollars of purchases, for televisions, computers, playstations, basically everything you could think of. Guess what the delivery address was? MY NAME and MY ADDRESS were used as the shipping address... I had a chance to talk with him after this and he giggled and thought it was so funny. He's basically just ruining my life (I had no criminal record, save a marijuana charge, prior to this incident). So basically he apologizes, and he tells me that he will withdraw the charges, and that he plans on not showing up to the preliminary hearing and that if we both just don't go, they will drop it. Well guess what? I believed him and didn't go and he went.... They had the preliminary hearing without me and all charges were held.... so it went to the common pleas court.

Fast forward, he filed a PFA against me and I didn't go to court thinking I had no problem not contacting him, let it be done with... Obviously he got the PFA because I didn't show up. I then was arrested in 2013 on a PFA violation for allegedly making a phone call to him and threatening him. I made no such call! Actually, I later found out the call was made from a pay phone near where I live. Also, my public defender subpoenaed the IP address records of the computer that ordered all the stuff with his credit card. He did it on an internet connection right near my house (he lives an hour away). I'm absolutely terrified at this point. This is really the truth. I talked to the detective and he even told me that he believed me, but at this point the proseuctor had taken over the case. They basically admitted they have no case.

I went to court a few months ago and basically my public defender is telling me I should just take a plea, because the prosecutor is threatening prison time! They're basically willing to just give me ONE misdemeanor theft and drop all the other charges! But, I have to agree to pay back all of this stuff I didn't do! Literally like 30k worth of stuff! I have no money to hire a private attorney... so I told the public defender I want to take it to a jury trial. I wasn't going to accept this. As soon as I said that, he basically got very short with me and told the prosecutor I was "non-cooperative" and requested a continuance. My court date is next month and I really want to be proven not guilty. I was framed and basically the PD doesn't even want to help me. They basically just are all about taking a plea and getting it over with. I asked what's happening at the next court date and they said I will have another chance to enter a plea. I noted that the jury trial is still not scheduled. Of course my ex shows up to every court date all dressed up in a suit and smiling and thinks this is all so funny. I honestly lost all faith in the justice system. I thought it was my right to a jury trial but now I'm scared because my PD seems like he doesn't even want to bother with me, he's just trying to force me into a plea, he didn't even want to listen to my story! I'm worried whether or not he will really be defending me or just going through the motions. Like, I can't even describe to you guys, he just came in and was basically like, here's your plea, you're going to sign this and it will be over.... WTF! When I refused to sign, suddenly I was "non-cooperative" because I won't plead guilty to something I didn't do. My ex just sat there in court sneering at me too. I can't believe this and I'm so scared and I don't know what to do. My current boyfriend was around when all this happened in 2011 and he knows that I didn't do this.

Basically, he managed to turn a losing civil case (claiming all this was a loan when it was all a gift) into a criminal case... and of course, he did it in a way that makes me look like hell. Why on earth would I order thousands of dollars of stuff with his credit card to my name and address after we had broken up??? That's just asking to be arrested. It just doesn't make sense and I'm so scared that my PD isn't even on my side. My PD also said that the victim wants jail time... so I'm like really freaking out

TLZ. music comes to mind with this OP.


http://www.cbs.com/shows/the_twilight_zone/video/621874498/the-twilight-zone-a-stop-at-willoughby

 

[Ohiogal]

I guess I can't attach a PDF file here? It doesn't seem like there's any option to attach anything.
A) The dates are screwed up because there was a warrant for my arrest for 8 months (please also see B).
B) I was given RoR 3 times, finally given $5,000 bond.
C) My bond was revoked 3 times. A warrant was put out for me not showing at the prelim hearing. However, I understand the normal practice is to put out a warrant and then arrest and take me to have the hearing. The detective and DA however, chose to have what's known as a "Rule 543" hearing. You can look this up in the code here, but basically it means if you don't show up at the prelim, they CAN choose to have the prelim hearing without you because you essentially waive your right to the hearing. It's my understanding that this doesn't happen often, but it did in my situation. Like I said, the charges were held and a warrant was put out. I was arrested again (months later) and my bond RoR was reinstated at the common pleas court. I showed for my prelim arraignment, but I didn't go to the non-jury trial date but had a good reason and actually was able to get RoR re-instated again. Final time I missed the judge said it wasn't a good reason and held me till my brother bailed me out. I also am required to wear an ankle monitor because I missed so many court dates. It was hard though because I live an hour from the court and had no car at the time I started missing. And I missed the prelim because of my ex's advice that he wasn't planning on going either..
D) I really am not sure. I actually think we did request 1 because at the first preliminary hearing date WHICH I DID GO TO, I said I didn't have an attorney and wanted a PD so I had to fill out a form and it was continued... but then I didn't show to the next hearing because my ex promised he wasn't going and it would be dropped

Here's a copy of the dates from the web docket sheet:
Preliminary Arraignment 01/12/2012 9:30 pm
Scheduled
Preliminary Hearing 01/19/2012 8:30 am
Continued
Preliminary Hearing 03/01/2012 8:30 am
Continued
Preliminary Hearing 03/15/2012 8:30 am
Continued
Preliminary Hearing 04/05/2012 8:30 am
Continued
Preliminary Hearing 04/26/2012 8:30 am
Scheduled
Formal Arraignment 06/13/2012 1:00 pm
Scheduled
09/14/2012 8:30 am
ACT - Pre-Trial Scheduled Conference
11/27/2012 9:00 am
Non-Jury Trial Scheduled
08/02/2013 8:30 am
ACT - Pre-Trial Scheduled Conference
10/24/2013 9:00 am
Non-Jury Trial Continued
01/22/2014 9:00 am
Non-Jury Trial Scheduled

Looking back at the dates, I now remember that the preliminary hearing was continued 2 times (i think, but I'm not sure) because the 'victim' couldn't come (or just didn't show up). At this point, I've gone through hell with him... I didn't even get into the other issue that he did to me. But basically you know that car he bought me and the check with the VIN number and his sig on it? Well, when I went to the notary the seller and I agreed to say the car was a gift (so I wouldn't have to pay taxes on it). I filled out an affidavit of gift saying that I had given the seller no money. Well when my ex flipped out on me, he gave the cops a copy of the check with the VIN number for the car I had bought on it and told them I lied on the affidavit. I then was charged with: tampering with public records, false swearing, and theft by deception (of pblic services)... I took a plea for the false swearing charge on that and got probation... so he's really out to get me. Yeah, it was wrong and everything to lie about not paying for the car, but come on.. It just goes to illustrate that this kid is out to bury my ass though and he does a pretty good job of it. I'm not worried about that though cause it's over, I'm more worried about this theft case

No. This kid is not out to bury you. You did that on your own. YOU do NOT have the right to skip hearings. NONE at all. Your stupidity and ignorance is what is drowning you. Seriously, it is your bad decisions that put you I n this position. You did lie. You did falsely swear. You committed theft of deception. You just want to play the victim here.

The prelim hearing was NOT a choice. The state was the one prosecuting you, NOT your ex. YOU decided you didn't care. You CHOSE to break the law by lying that it was a gift.

 

[Willoughby]

No. This kid is not out to bury you. You did that on your own. YOU do NOT have the right to skip hearings. NONE at all. Your stupidity and ignorance is what is drowning you. Seriously, it is your bad decisions that put you I n this position. You did lie. You did falsely swear. You committed theft of deception. You just want to play the victim here.

The prelim hearing was NOT a choice. The state was the one prosecuting you, NOT your ex. YOU decided you didn't care. You CHOSE to break the law by lying that it was a gift.

I know, but that's a separate case altogether. That's over and done with.. I'm just giving you background. I don't care about that. My probation is done on that case anyways I only got 6 months probation. The theft case is what I'm concerned about.

 

[Just Blue]

I know, but that's a separate case altogether. That's over and done with.. I'm just giving you background. I don't care about that. My probation is done on that case anyways I only got 6 months probation. The theft case is what I'm concerned about.

Dooo doo dooo doo.