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Fraud, agg assault, Id theft And money

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Seekingbalance

Junior Member
What is the name of your state? PAI had a confrontation over my seperated spouses possesion of stolen drugs from her nursing job. I wanted a divorce and was holding them as leverage to insure that I would have minimal problems getting out of a really bad situation.
She found the drugs missing, her adult children which she had moved into my home went ballistic. They claimed they had put child porn on my computer and were going to call the cops unless i gave them the drugs and continued to pay the mortgage, support her and leave my house to her.
I immediatley sent my computer out to be checked as I would put nothing past them.
When they found the computer gone, all hell broke loose, now I had their hole card, the pills in bottles from her job and it blew up.
I was viciously assaulted by her son and future son in law, kicking me down a flight of stairs, twisting my hand to the point of what is now a life long injury. As I was being held by the throat and thumb twisted back, I tried to reach for a bowl on my kitchen counter to hit them with, the daughter who was watching this, and taking my wallet from my jeans pocket started screaming "he's going for a knife" (which was at least 6 feet away out of my range of motion) called 911. In the meantime her other daughter was at my bank withdrawing $400.00 with an old check her mother had given her to cash before all of the rucus even started.
When the police arrived i met them outside where I fled for my own safety. I was told to lay down was cuffed and placed in a patrol car. They told the cops I grabbed a knife as her, her son, one daughter and son in law to be was confronting me in the kitchen over content on the household computer.
45 minutes later i am being chargerd with 2 counts of aggravated assault and several misdemeanor charges. I had surrendered my shipping receipt for the computer which was intercepted and needless to say, what they said they had done was BS and nothing was found on my computer!
As soon as i was taken away, my wife gave her son my debit card to the bank account and he immeiatley went and took out $800.00. Since I had the only debit card no one else was authorized to use it. The bank called it fraud, but could not make a positive ID and could not charge him as the only photo was that of an arm.
Meantime my wife, goes to another computer, does an online transfer out of the account of $2500.00. Which wiped out the account, the only funds in the account were two disability checks of mine. I go before a magistrate, get released on my own minus my wallet, car and anything I owned and told do no contact or go near my home.
The following morning sher gives her daughter my Sears card, they rack up another $500.00 in purchases, Sears now calls it fraud, but unwilling to do anything about it, (they have to grab you in the store with the card in you're possesion) so they credit me back $500.00.
My priest goes to my home the next day, they give him my wallet back, my broken cell phone and a bag of old clothes. That night I return from dinner with my priest to his home, the phone rings, its the same cop, he says "you're wife says you called and harrassed her" I say I did not, he comes grabs me up at my priests house and my bail is revoked.
I get bailed out 3 days later, I hire an attorney, he takes several photo's of my bruises, swollen and discolored hand contusions on my arms etc. He then taLks to the bondsman "WHO BOTH SUGGEST I LEAVE THE AREA IMMEDIATLEY" due to the number of threats i am getting on my cell phone (Cingular gave me a new one, same number) I save the numbers and put the phone away.
I call my two phone companies, home phone and cell phone (from which I was suppose to have made a threatening call to my wife) My cell detail shows no call to my home, my home phone shows no call coming in from my cell nothing, not one. So now add a false report to the police. In the meantime she gives my SUV to her son and I have to get another juristiction to retrive my car.
I called the regional manager of the nursing agency, send him the bottles of pills (oxycotin, flexaril, Vicadin, etc. all belonging to dead patients he says) he tells me please do not to send them to the nursing board but to him, the company would get jammed up if i did so and he will take swift action.
He does totally nothing. We have a hearing before the magistrate, they tell 3 different variations, of the supposed aggraveted assault, ( my wife says she punched me,in my face took my wallet as it was hanging out of my jeans,) my attorney gives them nothing! and it is forwarded for a prelimary as a prima facaia case? my council offers little, does not present the photos medical reports , fraud, nothing!
Over the next few months, they go online attempt to steal my password from my online user account I do purchasing through. They company notifies me, and lo and behold the email address the password request comes from her screen name and IP address.
Then she breaks into my disability account with my insurance company, tells them I am in jail and not to keep sending my checks.
The state i am living in I call the state police, they investigate and call me and tell me, it is indead identity theft, attempted identity theft and a good case! The caveat is i have to bring a criminal complaint in PA.
I call the Districty attoprneys office, explain all of this to them, the assault and beating I took, the fraud, the theft etc. " I am told there is nothing they can do as it would be a conflict of interest" they have an assault case against me. I offer to take a polygraph, I am referred back to my attorney.
My attorney says, " when I have the entire balance paid of $7000.00 he will then begin to write up his case to give to the ADA ?
I hate calling him as it costs me each time I call. What is going on? why would he give all this material to the ADA before a trial date is even set?
In the meantime she gets a protection order, gets sole possesion of my house, my new car, I am forbidden from having any contact with the state nursing board or her company and then gets an alimony award of $195.00 per month? my home is now in foreclosure, my credit ruined, my life turned upside down! and bill collectors hounding me day and night.
I know this is long, wordy, protracted but can someone give me a clue what is happening here? why when I offer up the evidence do they blow me off? my council has to give a DA his trial before a trial? why will he not let me take a polygrapgh and end all this?
I apologize for the length of this, but I really needed to spell it all out clearly and precisely in hopes someone could make a stab at what is going on and what i might expect

Thank you for you're valued time.
 


Bretagne

Member
I'll try to answer your questions; I only see two questions.

I hate calling him as it costs me each time I call. What is going on? why would he give all this material to the ADA before a trial date is even set?
Your attorney is bound by the rules of criminal procedure to give information to the State. If he does not give them this information in a timely fashion, he will be precluded from introducing it as evidence at trial. Also, this information may help with a plea negotiation.

why when I offer up the evidence do they blow me off? my council has to give a DA his trial before a trial? why will he not let me take a polygrapgh and end all this?
(1) Maybe the PA court indeed will not follow up with your complaint of ID theft because they have a conflict (they are prosecuting you) but they can refer that complaint to another nearby agency for prosecution. Your attorney can help you ensure that charges are pressed.

(2) I don't know what you mean by "my council has to give a DA his trial before a trial". That doesn't make sense.

(3) A polygraph will not end anything. It's not admissible in evidence. The only help a polygraph will be is in convincing the prosecutor to dismiss the charges against you. Even then, a polygraph alone is not sufficient to merit a dismissal.

I really needed to spell it all out clearly and precisely in hopes someone could make a stab at what is going on and what i might expect
Not a question, but here's my first impression. Pay your attorney the money he is requesting. Be prepared to go to trial and take the stand in your own defense. Have your attorney help you pursue criminal charges against ex for the ID theft. So...the divorce and your criminal charges are in PA? Where do you live?

Expect to be in for the long haul and to be lucky getting out with a not-guilty verdict and having charges pressed against her. If the criminal ID theft/swindle/associated charges stick to her, you can get restitution so keep good records of everything. She'll have to pay in order to get discharged from probation.

Again, you need a good attorney for this. Your criminal defense alone should cost you about 7 grand, and I would expect that it will be more to pursue charges against her.
 

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