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Falsely charged w/ aggrevated assault w/ deadly weapon

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lifemoveson

Junior Member
What is the name of your state? TX

I have been falsely charged with aggrevated assault with a deadly weapon by my daughters mother in an effort to not only win a custody battle in a walk (which has worked) but also to cover up a long history of skeletons in her closet that only I know about. She has defrauded me out of over $80,000 by spending my money for "our future" while we were engaged, only for me to find in a notebook she wrote in to a friend, that she never planned on marrying me in the first place. She has now sold a house that I paid for but is in her name (stupid but true), has a padded bank account I didn't know she had until recently and has taken my daughter from me in a very quick temporary hearings case because of the charges against me. The charges are being reduced to misdemeanor court because I wouldn't accept a plea bargain for something I didn't do and they don't have the evidence to endict because it didn't happen. I want this to end soon so I have a chance to get my daughter back and think it will, being I don't think they can prove something that did not happen but so far it has been a nightmare just based on her allegations. I have just been decreed by a very bias judge to pay her $500 a month which includes my disabled mothers rental income because I manage it and am on the title with my mother although it is her condo. I have managed it for the last 8 years and have taken care of my mom for the last 11 years, she has severe RA. Is there any recourse I can take against my daughters mother that won't cost thousands of dollars for falsifying charges against me to win everything else I have and don't have left? The system isn't fair but you need to learn to play the game it seems if you want the resemblance of fair. Any input would be greatly appreciated. Sueing for fraud would cost thousands and a Lis Pendens on the house I paid for wouldn't work I'm told by an attorney who already took almost a $1,000 to file it because I would have to prove I gave her the money for the house and without a contract I couldn't do that. We were engaged when I gave her that money to buy the house and the things in it and she said under oath in civil court I did it for our house. Do I have a case? I also have a notebook where she said she wasn't going to marry me, all while she accepted this money from me, talked me into putting it into her account and bought what is now her house and things in it, along with paying off oustanding debt she had from prior lawsuits against her that I did not know about until recently. Now I am fighting for my life, my daughter and protecting my mothers last asset all due to these allegations that I will beat, but not before I've lost everything.
 
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Shay-Pari'e

Senior Member
What is the name of your state? TX

I have been falsely charged with aggrevated assault with a deadly weapon by my daughters mother in an effort to not only win a custody battle in a walk (which has worked) but also to cover up a long history of skeletons in her closet that only I know about. She has defrauded me out of over $80,000 by spending my money for "our future" while we were engaged, only for me to find in a notebook she wrote in to a friend, that she never planned on marrying me in the first place. She has now sold a house that I paid for but is in her name (stupid but true), has a padded bank account I didn't know she had until recently and has taken my daughter from me in a very quick temporary hearings case because of the charges against me. The charges are being reduced to misdemeanor court because I wouldn't accept a plea bargain for something I didn't do and they don't have the evidence to endict because it didn't happen. Then why did you plea for a lesser charge if there was no evidence ? Did you have a lawyer? I sure hope you did with these charges.
I want this to end soon so I have a chance to get my daughter back and think it will, being I don't think they can prove something that did not happen but so far it has been a nightmare just based on her allegations.You just admitted to a plea lesser charge, so you are not telling the truth, or the charges would have been dismissed.
.

I have just been decreed by a very bias judge to pay her $500 a month which includes my disabled mothers rental income because I manage it and am on the title with my mother although it is her condo.NOW I HAVE HAD ENOUGH OF YOUR POST!

Good luck getting responses when you can't tell the truth in the first place.



I have managed it for the last 8 years and have taken care of my mom for the last 11 years, she has severe RA. Is there any recourse I can take against my daughters mother that won't cost thousands of dollars for falsifying charges against me to win everything else I have and don't have left? The system isn't fair but you need to learn to play the game it seems if you want the resemblance of fair. Any input would be greatly appreciated. Sueing for fraud would cost thousands and a Lis Pendens on the house I paid for wouldn't work I'm told by an attorney who already took almost a $1,000 to file it because I would have to prove I gave her the money for the house and without a contract I couldn't do that. We were engaged when I gave her that money to buy the house and the things in it and she said under oath in civil court I did it for our house. Do I have a case? I also have a notebook where she said she wasn't going to marry me, all while she accepted this money from me, talked me into putting it into her account and bought what is now her house and things in it, along with paying off oustanding debt she had from prior lawsuits against her that I did not know about until recently. Now I am fighting for my life, my daughter and protecting my mothers last asset all due to these allegations that I will beat, but not before I've lost everything.

Anyone else want to take this on?
 

lifemoveson

Junior Member
I never plead, nor did I say I did

"The charges are being reduced to misdemeanor court because I wouldn't accept a plea bargain for something I didn't do and they don't have the evidence to endict because it didn't happen" is what I wrote.
I DID NOT TAKE A PLEA BARGAIN in any way shape or form, although offered BECAUSE I WILL NOT SAY I DID SOMETHING I DID NOT DO. My attorney told me that the DA is moving to have the case moved into misdemeanor court because there was insufficient evidence to endict me on the felony charge. I did not say I took a plea bargain nor did I say I took a misdemeanor plea, I said the charges are being reduced to misdeameanor court because I WOULDN'T ACCEPT A PLEA BARGAIN". I know you are a senior member and I appreciate that, but I am not familiar with the law so is why I'm posting. You are now making me think the DA cannot try to pursue felony charges on me, offer a plea bargain which I don't accept, then without a plea bargain without me, reduce it to a misdemeanor charge and change it to misdemeanor court.
 

Kane

Member
Mostly your concerns seem to revolve around child support, and some kind of property dispute with your baby's mother.

$500/mo. is not a lot when it comes to child support. The standard (if I remember right) is 20%, so if you're making $2500/mo., you're paying the standard amount. If you want more info, try posting in the family law section.

If you have questions about your criminal case, I can probably answer them, but I don't know what they are.
 

garrula lingua

Senior Member
Lifemoveson:
I agree with you - don't plead to something when you are not guilty.

Plan on a trial.
What evidence do you have to show the jury she is not telling the truth ?
Any witnesses on either side ?
Did she have any marks on her ?
What was the weapon & where was it found (do police have it ? was it fingerprinted ) ?
Do either of you have any felony convictions ?
Any other convictions ? What ?
Did you make any statements to detectives ?
Did she ?
Any contradictions in the statements ?

The bad side is that it may be a 'he said/she said' case, with no independant witnesses & when it goes to the jury, the verdict will probably be a result of who is the most convincing witness ... (and who has the most convincing attorney).
 

lifemoveson

Junior Member
Thanks for the input guys

Warning: This is very Loooong, but this is my life, so I think it's worth it.
Some background:
From the beginning of this whole thing she has set me up to get out of repaying me half of what I found she defrauded me out of, but also to go be with her married boyfriend in another state, while hiding her past from EVERYONE, being I am the only one that knows and can prove at least some of it. I have proof she was carrying on a online affair with an ex high school boyfriend who is married. Also proof she told him 2 months before my arrest that she was going to up to see him with my daughter and I couldn't stop her. Lastly, a notebook in her own handwriting that she was "going to stick to her original plan" and "give me some of my own medicine"....but for the life of me I don't understand what this means, being she spent almost $100,000 of my life savings while wearing a $6,000 wedding ring I bought her. I have NEVER been abusive to her and she called all the shots on what we were going to do and when. (The notebook goes on to say again and again that she had been looking for friends with benefits, boy or girl....sex, you get the point)....Anyhow, she had a chip on her shoulder from a prior relationship (the relationship with this man I later found ended during our relationship), he was 10 years older than her and he was married two times during their relationship without her knowledge. She was a toy to him and she actually ended up getting HPV 3 times from him and the 3rd time the doctors told her she probably couldn't have any kids due to multiple intrusive surgeries. I at the time of course did not know any of this, along with anyone else, being her own best friends or family. When she told me she was pregnant her first words after I gave her a hug and a kiss were "and it's your child"... we had a disagreement that night, noone would want to hear this. I later found out that their relationship carried on past the conception date of our child....this part is to personal for me to get into. I am not sure if she passed anything onto me now and have to get tested.

As for the rest of the matters in the case here they are:

1. Police report says there is a knife by the front door, which they find open. She claims I chased her around the living room with a knife almost from the beginning of our disagreement. There was no knife but we did have a disagreement. The police did keep the knife, but then the DA dismissed the charge from his court after making some demanding scary offers to me to force a plea bargain which I didn't take because they weren't true. Now they are treating the case as if there was no knife.

2. No witnesses, but I have an investigator that is interviewing neighbors to find out if someone saw her drive back to the house after she claims she left and drove to the police station. Later we find that she drove to a police station in ANOTHER CITY. We have a police department literaly 3 minutes away but she drives 30 minutes and 30 miles to another city next door and walked into the police department to make the allegations. A investigator I spoke with says this kills the timeline, so the time she lost going back to the house cannot be accounted for. She did go back to the house because she left with her cell phone and there was no knife. When the police got there they found both her cell phone and a knife by the front door, she did go back I just need to prove it. Also, when I left the house to take my daughter to my mothers house, I had the front door shut and locked. She didn't have a key for the house because she had left in my car which only has one key for it. I found my key ring in my jacket along with all the house keys, but the one key for my car was missing but the whole key ring was there. Her key ring, however was left right there by the front door and all her house keys with it. So she had no access to get back in the house that I'm aware of, after I locked it up. The police report says the front door appears to have been kicked in.

3. She had no bruises on her because the only one who got the crap beat out of them was me. The police did produce pictures of her with not bruising but marks, I'm not sure where the marks are being they won't furnish my attorney with the evidence with an ongoing investigation he says, but she claims I kicked her in the chest, headlocked her and hit her, after assaulting her with a knife for several minutes. I weigh 190 pounds and she weighs 170 pounds. If I attacked her with a knife, or hit her, she would have to be cut or bruised. They have a shirt with blood on it, my blood, I was the only one bleeding. The police took a picture, could not find a source for the bleeding and then let her walk out of the police station with the shirt, material evidence. But they kept the picture. She later claims she was coughing up blood, that was the source. Yet the police never gave her medical attention, so there are no medical records and she did not go to the hospital until 2 days later in another state, because she says she was sore.

4. I, however, was bruised and could hardly walk, my knees kept buckling from damage and the police never took pictures of me or gave me medical attention, but that was my fault because I never requested it I later found.

5. I am not sure if they took fingerprints off the knife being my attorney didn't tell me although I asked him several times, thinking this would exonerate me. Now my attorney says they are treating this as if there wasn't a knife. How can they do that when every other word in her statement says "knife, knife, knife"...???? We had a temporary hearings case which I was discouraged from going to but I wanted my daughter back and didn't see why I would accept a lousy offer from her custody attorney just because she's lying so she sat up there on the stand and purgered herself for 20 minutes regarding my criminal case. She was terrified of going to that custody case because she knew she would have to lie under oath, which she did slowly and grew confidence as the judge encouraged her.

6. I have no convictions ever, and neither does she (I did a background check. She is mentally unstable, one would agree if they read that notebook of hers, my custody attorney said that)

7. I didn't make any statements to officers about what happened that night except it was a setup and there was no knife.

8. I have ordered the transcrips from the civil court hearings and have a copy of the police report. I don't have the transcripts yet, they should be here in a week or so, but the only contradictions in her statement because the police report was vague, was that she said I put a knife to her throat and told her to drop the cell phone in the police report. In civil court she made no mention of this. I got the impression that she had to try placing the knife where she put it so had to cut some things out, but I'm figuring out what I think doesn't matter.

There isn't much else, except we have a custody case going on and I want my daughter back but if this draws out much longer, I'll lose my daughter just based on these charges. I've come to terms with that, being I am not even sure if she's my biological daughter and have been told by several custody attorney's that she can just ask for a paternity test in the end if things don't go her way in the custody case to get my daughter, assuming she knows something as a fact, that I am just scared about right now. . she already took all I have financially that it took 10 years to build, but now that I am broke, she's getting some of my mothers money. This sounds like a book, but it's my life. I didn't ask for it, it just happened.
 

AlanShore

Member
Warning: This is very Loooong, but this is my life, so I think it's worth it.
I don't think so, nor does anyone else here.

You see this site is for legal questions not life storys, and in your whole rant you really ask no legal question.

If you have a question ask it in like 3 sentences and you might get a response.
 

lifemoveson

Junior Member
Your right. Sorry about that. Here's my question

My accuser said throughout her statement that I attacked and threatened her with a knife making this the focal point of her accusation. My attorney now says that with the case being moved to misdemeanor court they are treating it as if there was no knife. Does this effect the use of her statement by prosecution which mentions a knife throughout it? Can her statement still be used if they are throwing out the knife part and her statement has the word knife riddled throughout it? I'm guessing they probably can use it but want to verify. If they can use her statement, then would this weaken their case or would it have no effect. I know noone has all the answers but I find this confusing so any input would be appreciated.
 

Kane

Member
The first advice I'd give you is to listen to your attorney. If you don't trust him, or think he's incompetent, find another one.

The second advice I'd give you is not to plead, if you're not guilty.

The third advice I'd give you is to work on your story. I read the long post, and I still don't understand what happened. You said there was no knife, but that the police found a knife. (How did the knife get there?) You said you didn't assault her, but that she beat you up. (How did that happen?) The main problem though... is that you're all over the map with this, and nowhere do you just straight up tell your story. I don't know if you're planning on testifying or not, but if you testify... you're going to get convicted, bro. You can't get up after the jury listens to her crying and talk about what a bitch she is and how she drove to the wrong police station (which proves what, exactly?) and then expect an acquittal.

Hell, after reading your post, I half-way think you're guilty, and I don't even know you.

As far as the reduction to a misdemeanor... I don't know what happened. Maybe you flat out caught a break, or maybe the DA tossed it because he didn't believe her story, and decided to pass the buck.

Either way, if the case does go to trial, and the jury believes you assaulted her - with or without a knife - they can and will convict you. The good news here - and it is good news - is that the most they can do is convict you of the misdemeanor, not the felony. That means you have less to lose, and gives you more reason to set it for trial. And I'll pass along a secret to you - the best way to get cases like this dismissed is to set them for trial. Prosecutors hate dismissing cases, and you have to give them a reason if that's what you're looking for. Losing a trial (and in some cases, just going to trial) is pretty much the only thing they hate more than a dismissal.

But again, you've got to work on your story. If I were you lawyer, and you told me what you posted, I'd tell you not to testify. Your story sucks.

Last thing... get the DNA test. You don't want to be paying child support for the next 18 years for a baby that isn't yours.
 

lifemoveson

Junior Member
Thank you Kane.

I appreciate the straight forward answer. I do plan on going to trial. My story does suck. When I was first charged with Aggrevated assault with a DW, I was confident that I would beat it because there wasn't a knife and I didn't hit her. Noone believes someone would plant a knife and manafacture a lie like my daughters mother has, so although I am not guilty and have no intention of saying I am, I feel like the truth is to unbelievable when my own attorney acts like he thinks I did it. He tried talking me into taking a lousy plea bargain offer, it was only when I refused to take it, that the DA dropped it to misdemeanor court. The charges being moved to misdemeanor court is the first step in proving my innocence though and since she did plant that knife I would be nervous if I were her because if she gets caught she can go to jail, but I think noone really cares if she planted it, just what they can prove against me.

There are people with a sick disorder where they want to feel and have people treat them like a victim. That is my daughters mother.
 

Bretagne

Member
Good luck with your custody matter and your criminal matter. You should post a succinct querie in the family law section with respect to your custody concerns.

Unfortunately, many people abuse the legal process and obstruct justice by falsifiying claims of assault to get immediate action in a dissolution action. I have defended several men at criminal trials who have a similar story to yours, and all have been found no-guilty. The harsh reality is that you will probably never get any legal "revenge" against your ex, and you will come out of this with only legal fee debts and (hopefully) a finding of not-guilty.

I'm sure the DA tossed the case to misdemeanor court because something was fishy with her story. Get a good attorney and trust him or her, because there are a myriad of good plea resolutions that you may be able to take without having to admit guilt. Perhaps you should be using the same attorney for your criminal matter as you are for your family matter to make sure that everything is handled cohesively.
 

lifemoveson

Junior Member
Update and questions

My attorney tells me the prosecutor in misdemeanor court does not believe my daughters mother story, so does not want to pursue charges. I would of thought they would drop the case with this, but he says there is a victims assistance coordinator who's job it is to make sure the victims rights are defended. My attorney said for this reason, I should let him post pone the case for 6 months and the case will "go away".

Before the aggrevated assault with a d/w charge was reduced to misdemeanor court, my attorney told me that the prosecution had a picture of a shirt my daughters mother was wearing with blood on it as evidence against me. I told him to test the blood because it was my blood. A day later he tells me that the police didn't have the shirt, they let her walk out of the station with it.

Now he's saying they have the shirt and if I agree, they will test it for the blood and drop the charges if it's my blood, not hers, and I'm guilty if it's her blood. This makes no sense to me. Shouldn't they have done this in the first place? Why would they need my permission to test the shirt? Is the prosecutor allowed to lie to my attorney about evidence they do or don't have in hand? Either way someone is lying to someone. I've agreed as long as they can provide proof of the custody of evidence for the shirt from the moment I was charged to present.

Does this sound a little odd to anyone else? I thought it was strange. (p.s. I filed a complaint against a judge in my custody matter, one in which there is a investigation actively going on, so am kind of suspicous of things when they are contradictive like this, especially from my own attorney.)

Has anyone heard of anything like this before? This is my first time through this, so it might be nothing. I'm just not sure. Thank you for any input.
 

Kane

Member
It sounds like the prosecutor doesn't want to try the case, and he's looking for a way to resolve it without a trial.

You've got nothing to lose, as long as you're sure it's your blood, and not hers.
 

lifemoveson

Junior Member
I am sure if...

I know it's my blood if the shirt hasn't been tampered with. I used to believe in the police and court system but with everything that's happened I don't trust anyone anymore. They insisted there was no shirt, being they said at first she walked out of the police station with it, untill she came back for a temporary custody hearing case, then they "suddenly" have the shirt again. That's why I asked for the custody of evidence to be shown to me as a condition of the testing.

It was my blood, I know it and am willing, and am, betting my life on it as long as it hasn't been tampered with. The state, judge (I filed the complaint against), my daughter's mother and her attorney (who lied in open court), seem to have something to gain from it being her blood, but I don't know if I'm just paranoid, or if I'm right. I know it sounds like I'm paranoid. This is surreall to anyone who hasn't encountered a sociopath....hard to believe that is.
 

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