• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

I need help is this legal ???

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

I was pulled over for exp. registration and my name came back with a felony theft of prop. warrant, they took me to the jail and gave me a citation for court the next day. I appeared in "proable cause court" and the judge sentenced me to jail. I have never been in trouble. I bonded out with a bondsman. I have been on bail for 90 days. I've lost my job and my life is being destroyed I am trying to find help but I keep getting tunred away because I went to pull my record from the county clerks office she told me that the DA hasn't opened a case against me yet that she has 30-90 days the 90 days will hit on May 7th. I went to the sheriffs office to pull the arrest record, it shows I was arrested but the reason/charge is blank. So I called the DA's office she says she doesn't have a case on me. So I went to the public defenders and he told the Asst. to call the court house because I have to have a record of first appearance well I don't she said that there is no record I even attended court or needed to attend court. My bondsman tells me thats a lie that I have prelimary charges and that I am felon and is treating me as such. The issue is that the bondsman took my passport because I was on bond. My husbands immigration interview came up April 11th and we were told that the only thing missing was we didn't register our marriage so my husband pulled all the strings he could and got a 5 month process shortened to about 20 days, but they need me to find the nearest lebanese embassy which is in Alabama and sign a power of attorney for his aunt in Lebanon to be able to act on my behalf and sign me into the registry, the bigger problem is that I need my passport because it has my ex-married last name on it (after a year waiting on the divorce I planned my wedding a month after and it would have taken too much time to get it changed) So my marriage license has my ex-married last name on it. I changed my DL and SS card back to my maiden name and was going to change my passport later. The bondsman at first was going to give me my passport but then changed her mind and said i am a flight risk. I have never been in trouble and I offered her 2 car titles, told her i'd wear an ankle monitor, she could put me on the no fly list whatever she needed I just needed to get the paper signed because my husbands 2nd interview is may 28th. She told me no. Accused me of being a felon. A friend of mine had her FBI friend look into this and he says he can't see where I have any prelimary charges or pending charges I am like a ghost. So i am wondering if I have nothing on me anywhere then how can they still make me stay on bond. The public defender said they have a year to keep me on bond legally. How is this legal. My whole life is being ruined and I might lose the chance to reunite with my husaband when I am innocent and the state apparently has nothing on me. I can't get an attorney becasue they told me with out a case number there is nothing they can do. I am so depressed, all I do is cry and its getting harder to get out of bed everyday. No on in this state has answers. I am in Union county arkansas.
 


stealth2

Under the Radar Member
It sounds as though it's a matter of a paperwork snafu.

I'm not sure that the bailbonds(wo)man has the authority to clear you to go out of state, etc.

Do you have a copy of your (ex) wedding certificate? That will have your former married name.
 
Yeah I have my (ex) wedding certifcate that has my former married name along with my divorce decree but they want me to have my passport to show to scan or it will cause conflict because my drivers license is difference. How is it legal to have nothing on me and still force me on bond? The bondsman does have the authority to clear me and she was going to but then she changed her mind. This town is very corrupt and now i am paying the price and my entire life is being ruined. me and my husband have been working on this immigration for over a year, I tried to get him here as fast as possible becuase my mother is dying and now i may not get him here for a year and my mom wont last that long. This is worse than torture I am breaking apart everyday i feel so defeated
 

stealth2

Under the Radar Member
Well, apparently they do "have something" on you - the exp. reg and an apparent open warrant.

I suspect that the bailbonds(wo)man started to think about the possibility of giving you the passport, allowing you to leave the state, and having you decide to go join your husband in Lebanon. She would be considered responsible. I know it sounds/seems cruel, but your mother's health isn't her or the authorities' problem. I'm sorry.

I'd be looking to retain a lawyer. If you can afford to bring an immigrant over, you should be able to make arrangements for at least a payment plan.
 

quincy

Senior Member
I was pulled over for exp. registration and my name came back with a felony theft of prop. warrant, they took me to the jail and gave me a citation for court the next day. I appeared in "proable cause court" and the judge sentenced me to jail. I have never been in trouble. I bonded out with a bondsman. I have been on bail for 90 days. I've lost my job and my life is being destroyed I am trying to find help but I keep getting tunred away because I went to pull my record from the county clerks office she told me that the DA hasn't opened a case against me yet that she has 30-90 days the 90 days will hit on May 7th. I went to the sheriffs office to pull the arrest record, it shows I was arrested but the reason/charge is blank. So I called the DA's office she says she doesn't have a case on me. So I went to the public defenders and he told the Asst. to call the court house because I have to have a record of first appearance well I don't she said that there is no record I even attended court or needed to attend court. My bondsman tells me thats a lie that I have prelimary charges and that I am felon and is treating me as such. The issue is that the bondsman took my passport because I was on bond. My husbands immigration interview came up April 11th and we were told that the only thing missing was we didn't register our marriage so my husband pulled all the strings he could and got a 5 month process shortened to about 20 days, but they need me to find the nearest lebanese embassy which is in Alabama and sign a power of attorney for his aunt in Lebanon to be able to act on my behalf and sign me into the registry, the bigger problem is that I need my passport because it has my ex-married last name on it (after a year waiting on the divorce I planned my wedding a month after and it would have taken too much time to get it changed) So my marriage license has my ex-married last name on it. I changed my DL and SS card back to my maiden name and was going to change my passport later. The bondsman at first was going to give me my passport but then changed her mind and said i am a flight risk. I have never been in trouble and I offered her 2 car titles, told her i'd wear an ankle monitor, she could put me on the no fly list whatever she needed I just needed to get the paper signed because my husbands 2nd interview is may 28th. She told me no. Accused me of being a felon. A friend of mine had her FBI friend look into this and he says he can't see where I have any prelimary charges or pending charges I am like a ghost. So i am wondering if I have nothing on me anywhere then how can they still make me stay on bond. The public defender said they have a year to keep me on bond legally. How is this legal. My whole life is being ruined and I might lose the chance to reunite with my husaband when I am innocent and the state apparently has nothing on me. I can't get an attorney becasue they told me with out a case number there is nothing they can do. I am so depressed, all I do is cry and its getting harder to get out of bed everyday. No on in this state has answers. I am in Union county arkansas.
You were given copies of your bond papers, right? On those papers there will be a Case Number (upper left hand corner) and there will be a statement of charges, the amount of the bond, the collateral posted to cover bail.

You can contact the Lebanese Embassy in DC if you are getting frustrated from lack of attention elsewhere. And you could speak to an immigration attorney for direction.

Do you have any idea why a warrant was issued for felony theft of property? Do you have a common name that could be easily confused with another?

If the 90-days hits on May 7, you might learn more at that time.
 
Well, apparently they do "have something" on you - the exp. reg and an apparent open warrant.

I suspect that the bailbonds(wo)man started to think about the possibility of giving you the passport, allowing you to leave the state, and having you decide to go join your husband in Lebanon. She would be considered responsible. I know it sounds/seems cruel, but your mother's health isn't her or the authorities' problem. I'm sorry.

I'd be looking to retain a lawyer. If you can afford to bring an immigrant over, you should be able to make arrangements for at least a payment plan.
That is just it, the open warrent they had 90 days ago isn't there anymore. When I called the sheriff's office to obtain a copy of my arrest record she told me there was nothing to obtain She said that it showed i was arrested but there is no charge or reason for my arrest. The FBI, went and tried to find anything on me and they said that I have NO preliminary charges, no pending charges they can't find the original arrest warrant, or anything that would even suggest that I have any type of case open against me.

I understand, the part about how its not their responsibity but how is it legal to give me a citation to appear in court, not a first appearance, they dont' ask if your guilty or not but tell you this is just to determine if there is probable cause for a charge then the judge looks at a screen and says yes there is proable casue then you have to waive your right to consuel for him to set bail and then be detained. It was not as though I was caught in the act of something. The charges that are not there now stem from an issue that was over 7 months old and i was blindsided by it.

If my arrest still showed a charge then I would understand that yes there are prelimary charges and I have to wait until the DA opens a case on me, but that isn't the case. The state can hold me on bond for a year without a court date, I am not sure how that constitutes due process. If the Da had evidence of a case against me why tell me that she doesn't have my case. I have tried to obtain consuel I have been trying for almost 90 days, but every attorney tells me the same thing I have contacted at least 30 they tell me without a case number they can't help me so I have to wait for the DA to decide my fate. I have never been in trouble, prior to this I was a cash office manager and I spent more time at work than home, my husband and I's immigration case was started May 19th of last year when were married in Lebanon, the entire case surrounding what prompted this is unimaginable and I can prove that it wasn't my faullt. I can also prove that the bank stole money from the account. How am I to do these things if all the people involved in this case are telling me there isn't a case

As far as the exp. registration it had nothing to do with my arrest she gave me a warning on it, I took care of it a few days after I got out of jail. She gave me a warning so that she could take me to get a citation to appear in court on the felony. Which is what my entire question is about how can they hold me on bond for felony theft charges if the current charges are blank. If I had charges, prelimary or whatnot when you look up my arrest record should you not still be able to see that charge listed? As of right now it is not, it disappeared and is just blank. None of this seems legit in anyway but yet it is happening and my life is the one being destroyed in the meantime.
 
You were given copies of your bond papers, right? On those papers there will be a Case Number (upper left hand corner) and there will be a statement of charges, the amount of the bond, the collateral posted to cover bail.

You can contact the Lebanese Embassy in DC if you are getting frustrated from lack of attention elsewhere. And you could speak to an immigration attorney for direction.

Do you have any idea why a warrant was issued for felony theft of property? Do you have a common name that could be easily confused with another?

If the 90-days hits on May 7, you might learn more at that time.
I was given one piece of paper outlining the conditions of my bond that I had to sign, and they told me to check in every once in while. There was no case number on the paper because I do not have a case number becuase the DA has not opened a case on me.

Yes, I know why it was isssued. It stems from an issue from 7 months ago. My father died the day after I landed in Lebanon to be married he was in the care of the hospice house its a facilty center and the nurse made notifications to social security because she knew i wouldnt be back in the country until May 27th, well my father's ss check stll came to our joint back account the teller gave my ex husband some money from the account and ask for some loans. When I got back I contacted the funearl home not even thinking about what had happened because I was overwhlemed with so much, the funeral home had called to make notifiactions and I guess they didn't realize it either but the last 4 numbers of my dad's social security number that hospice had was incorrect and they passed the information the funearl home and it wasn't until the funearl home applied for the death certificate electronically that I guess the computer noticed the simliarties or the fact that the death certificate had the right soical and it sent a notice to social security electroniclly and they stopped the checks imm. but by then it was a nightmare because autodraft had taken so much out and what not. Social security had only asked for once check I went to the bank and they set up a payment plan, well I was having issues paying it back because I had just gotten home trying to sort through everything the bank president and manager said make small payments let us know your trying and it would be fine so I did and then one day I got a call at work saying that social security asked for more checks back and they turned me over to the police so I rushed home and looked at my online account and it said unauthorized user access so i began calling attorneys and they said that they thought the bank was blowing smoke and as long as I kept paying the intent was there so they wouldn't be successful in coming after me. I hooked up the account to a 3rd party so i could continue making small payments from august to feb there was no contact from the bank or anything and then one night i am getting food I get pulled over and bam I have an warrant. Since, I have been out there has been so much the bank unlocked my account and they claim that soical security asked for the money in sept. but didnt resend the money until Nov. 23rd I also found out they gave me a 1100$ credit which I still don't get the reason behind it, but they erased my entire banking history 2 years gone, the account is still active even thought it is 2k overdrawn. My father and I had our entire life going to that account and I tried to remove all the auto draft but things are still being allowed to post to the account with no record of it. No one believes me until I show them the proof. Supposedly there is a police report the bank filed trying to get me for cashing 3 checks however i was out of the country for the first check and I never cashed anything, the majority of it was autodraft. However when i tried to request a copy of the police report I was told no such police report exists. Also, I have proof taht the bank altered or stole money off the account from the FDIC compalaint response the bank president sent back. Its a mess but, I can't hire an attorney becuase there is no case number or any documentation that a case exists on me. The only records are what the bondsman has and she literally is refusing to show me. It is a complete nightmare and i don't know how to fight this when the only person i can get to help me is a jourlaist how cover corruption, and the FBI is looking into it but it doesn't help my current situation
 

Just Blue

Senior Member
I was given one piece of paper outlining the conditions of my bond that I had to sign, and they told me to check in every once in while. There was no case number on the paper because I do not have a case number becuase the DA has not opened a case on me.

Yes, I know why it was isssued. It stems from an issue from 7 months ago. My father died the day after I landed in Lebanon to be married he was in the care of the hospice house its a facilty center and the nurse made notifications to social security because she knew i wouldnt be back in the country until May 27th, well my father's ss check stll came to our joint back account the teller gave my ex husband some money from the account and ask for some loans.

When I got back I contacted the funearl home not even thinking about what had happened because I was overwhlemed with so much, the funeral home had called to make notifiactions and I guess they didn't realize it either but the last 4 numbers of my dad's social security number that hospice had was incorrect and they passed the information the funearl home and it wasn't until the funearl home applied for the death certificate electronically that I guess the computer noticed the simliarties or the fact that the death certificate had the right soical and it sent a notice to social security electroniclly and they stopped the checks imm. but by then it was a nightmare because autodraft had taken so much out and what not.

Social security had only asked for once check I went to the bank and they set up a payment plan, well I was having issues paying it back because I had just gotten home trying to sort through everything the bank president and manager said make small payments let us know your trying and it would be fine so I did and then one day I got a call at work saying that social security asked for more checks back and they turned me over to the police so I rushed home and looked at my online account and it said unauthorized user access so i began calling attorneys and they said that they thought the bank was blowing smoke and as long as I kept paying the intent was there so they wouldn't be successful in coming after me. I hooked up the account to a 3rd party so i could continue making small payments from august to feb there was no contact from the bank or anything and then one night i am getting food I get pulled over and bam I have an warrant.

Since, I have been out there has been so much the bank unlocked my account and they claim that soical security asked for the money in sept. but didnt resend the money until Nov. 23rd I also found out they gave me a 1100$ credit which I still don't get the reason behind it, but they erased my entire banking history 2 years gone, the account is still active even thought it is 2k overdrawn. My father and I had our entire life going to that account and I tried to remove all the auto draft but things are still being allowed to post to the account with no record of it. No one believes me until I show them the proof. Supposedly there is a police report the bank filed trying to get me for cashing 3 checks however i was out of the country for the first check and I never cashed anything, the majority of it was autodraft. However when i tried to request a copy of the police report I was told no such police report exists.

Also, I have proof taht the bank altered or stole money off the account from the FDIC compalaint response the bank president sent back. Its a mess but, I can't hire an attorney becuase there is no case number or any documentation that a case exists on me. The only records are what the bondsman has and she literally is refusing to show me. It is a complete nightmare and i don't know how to fight this when the only person i can get to help me is a jourlaist how cover corruption, and the FBI is looking into it but it doesn't help my current situation
Please stop posting in big blocks with no white space (paragraph breaks). It makes it very hard to read.

I have edited in some white space on the quoted post for ease of reading.
 
Just how much are you in arrears for? And is it to the bank or SSA?
It is just the bank. As far as I know. The bank hasn't and won't provide proof that social security asked for the checks back. The last check I believe social security did ask back because they got the electronic notification of his death. The other 2 I am starting to question whether social security asked back or not. They haven't sent us any letters.

I owe the bank 2,000$. I have been paying it down. I lost my job because if this at least until it's over. So I can't pay what I was but according to the bank when they filed the police report the officer chose to add 3 checks even though I was out if the country and had no access to it whatsoever. And the last check I had a payment plan on and had almost paid the balance to zero. So the "police report" that no one can find supposedly says 6k on it but I have paid it down to 1985. That is as long as the bank doesn't let random items go through

My debt keeps fluctuating and they keep erasing my deposit history and when the amount goes up I don't know how because there is no record if the charge on my online banking.
 

Foamback

Active Member
1) please confirm the the SSA has stopped payments and is aware of your fathers death

2) are bank statements not available to you?

3) what is the status of your fathers estate? Do you have letters testamentary?

4) do you have access to your fathers online SSA mySocialSecurity? That gives the payment and over payment history going back 22 months or so. If there never was an online account, then it’s too late to create one.

In that case, if you have letters testamentary from probate, then the SSA should be able to supply you said payment history.

SSA may require that only the payee access the online account, I can’t speak to the legality of any type of agent, heir, or similar accessing “mySSA”
 
1) please confirm the the SSA has stopped payments and is aware of your fathers death

2) are bank statements not available to you?

3) what is the status of your fathers estate? Do you have letters testamentary?

4) do you have access to your fathers online SSA mySocialSecurity? That gives the payment and over payment history going back 22 months or so. If there never was an online account, then it’s too late to create one.

In that case, if you have letters testamentary from probate, then the SSA should be able to supply you said payment history.

SSA may require that only the payee access the online account, I can’t speak to the legality of any type of agent, heir, or similar accessing “mySSA”
1.) Yes, payments stopped June 26th when the funeral home submitted the application and the system recognized his account with the right social.

2.) No when the bank unlocked my online access at some point they literally erased everything from my account outside of 6 recent deposits that have since been deleted. 2 years of banking history gone. Even though the account is active. I do have 4 months of statements the bank sent me included with my FDIC complaint they responded to.

3.) He has no estate, we had a joint bank account I was primary. It is only myself, mother & daughter. My parents live with me he didn't have anything really outside of his checks because us 3 used our incomes together and put into the home.

3.) No, I do not I did but then it wouldn't alllow me to sign in to his account. When I called social security they told me once the death was reported they couldn't speak to me.

4.) As far as I know SSA isn't even involved it has been only the bank. My mother recieved the letter for the one time death payment from soical security but has not recieved any other corrospondence.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top