up to 60 yrs

Discussion in 'Rants, Musings and Ideas' started by betteroffunknown, Jan 7, 2010.

  1. betteroffunknown

    betteroffunknown Well-Known Member

    as some of you know i have an incredibly horrifying situation that i am in. suffice it to say i am facing up to 60 years in prison and $600,000 in fines for just trying to help someone. please please keep in mind that i am innocent. also be aware that some of this stuff may not seem real but it whole heartedly is. i would love to hear some replies to this but i totally will understand if one is left as speechless as i feel so much of the time. i will try to give you the condensed version.

    back in december (08) i had cashed a couple of checks for this guy brian. i met brian through a friend of mine and we'll say her name is jessica. the check was made out to me and signed by this lady (i assumed) that brian had gotten the check from. all went smoothly cashing them and i thought nothing further of it. until the end of february the very day i got out of the psych hospital i learned that those checks were stolen. next thing i know i am being charged with stealing the checks, forging her signature and trying to steal her identification. because i had cashed two of them for him i was then charged with two counts of each of the charges. this has come to the total of six felonies i have been charged with. i already mentioned where i had gotten the checks from, and that they were already signed when i got them.

    i believe it was in april that i had finally been formally charged and arrested. i was released upon my own recogniscence. the only reason i believe i was released without bond was because i didn't try to hide anything from them, i have a stable home, and i have a stable job. my first court appearance was at the beginning of july. i was scared to death. at my first appearance the judge told me to get an attorney whether it was appointed by the state or got my own. the judge also proceeded to tell me how much time i could serve and how much in fines i could face. as soon as i heard that i won't lie. i turned around at looked at my then friend and told him that this mother deserved to die for what he has done to me. some might say that is a harsh punishment for him doing something like this, but is it really too harsh when i could lose the rest of my life in freedom? i didn't think so.

    august had come around and i can't remember if this happened before or after my second court appearance but brian the guy who got me into all this trouble, and of whom i felt deserved to die ended getting into a car chase with his local police. they finally got him stopped and he got out of the car he was in and pulled a gun on the cops and was shot dead by six police officers right there. i know wierd isn't it?

    anyhow, there have been quite a few things that haven't been adding up in this case. my private attorney has said since i first hired him that this is a most peculiar case. i have always felt the same about it. anyways, here are a few little facts that come from the files of the lady who's checks they were.
    first, off this lady i'll call her jody made two completely different statements to the investigator in this case. her first story was that she had thrown those checks away. that was all. her second statement to police was that they could have been stolen from her locked mailbox. now the investigator in the case checked with the management of the apartment complex where jody lived and there had been no reports of any break ins or anything stolen from the mailboxes. i was informed by a good friend of mine that if one knows anything about those mailboxes it is that they are "almost" impossible to break into even by a professional locksmith. these were her statements.

    another piece of info on all this was the bank statements that came for the investigator and myself showed a deposit made on the 18th but show no withdraws until january 7th. what is so peculiar about that? try that the check was deposited on a thurs. and the bank allowed me to withdraw the funds the following monday only after they called to verify the funds. so where was that withdraw in my bank statement. also the only time i will go three weeks without making a withdraw on my account is if i am in the hospital and i wasn't at that time. another interesting fact was that the bank said i made the first deposit in another state. i live in colorado and the bank tried to say i deposited it in new mexico. i haven't been there in a good 20 yrs. one last interesting note from my bank was that i must have cashed them through the drive through because they didn't have me on video in the bank. i'm sorry but no bank no bank is going to allow a large check like that be cashed through the drive through. that just isn't happening at any bank.

    now as of yesterday, i heard through jessica that her and her boyfriend were told by a gentleman named frank that he actually was the one who had those checks in his possession when they were stolen. frank said that jody had hired him to fix her computer so she gave him a check to hold on to until the next day when she could bring him cash. there are less things solved by this story than there is solved definately. first off, why would jody give those two statements to police if this was the case? secondly, how come it took two months to claim that it was stolen? the only thing that could be resolved by this story is the fact that this was how the checks could of been signed.

    it was brian that stole the checks according to franks testimony, but like i said there is just still so much not adding up. and who is left holding the bag? i am.

    i'll be honest this situation has hospitalized me a good three times from the pressure, and there have been several other times i either went in overnite or should of gone in because of all this. i don't know how or if i can even make it through all this. i've never been in trouble before except for traffic violations but that is it. i have always tried to steer clear of trouble, and now here it is having torn up my house.

    sometimes i'm just not so sure that i can make it through this. people try to tell me all the time that i'm gonna be fine. they try and tell me the charges will be dropped or there will be minimal charges against instead of the six felonies i'm facing. i've got to ask though what would these people be feeling if they were staring in the face of all these felonies? my attorney has tried to assure me that i will not spend any time in prison mainly because i have no criminal history, but for whatever reason i just don't bare the same confidence that he has.

    my next court date coming up is january 29th. it's a pre trial deal, and then on february 24th the real trial begins. i will say this i would rather be dead than spend one day in prison. i don't feel i should be convicted of anything but being an idiot trying to help someone else. that is my crime, and i have learned my lesson well. anyways, i guess i have rambled on enough. thanks for listening and please take care
     
  2. cownes

    cownes Well-Known Member

    :hug: have read your post, i dont really no what to advise as i dont like in the USA, im so sorry that all this came about beacuse you were trying to help a friend out, hope the court date coming up goes as well as it can, and i hope ur attorney is right and you will not sreve a single day in prision, i wish u good luck :hug: keep us updated :)
     
  3. shades

    shades Staff Alumni

    From what I know of the criminal justice system in this country, if you have no prior "criminal" history, the situation you are facing would most likely result in no jail time for you.

    I only base this on a similar situation that my sister's friend faced. She had no prior history when she became an admitted forger and scam artist and her case is actually on the internet.

    This woman did much more damage, intentionally to several people. She received a small fine and a few years probation and some time under house arrest (6 months I believe).

    If you have an attorney who seems to be somewhat on top of it, I think you will be fine. My opinion is based on my moderate knowledge of law, the legal system in the U.S., the situation I mentioned and the facts as you have stated them.
     
    Last edited by a moderator: Jan 7, 2010
  4. betteroffunknown

    betteroffunknown Well-Known Member

    i just got off of the phone with my attorney, and he is writing up a letter to the judge even as i speak here asking the court to investigate these inconsistancies in this story. he is letting them know that i am indigent and i need the court to pay for this investigation.

    i also informed my attorney that on the very day i deposited this first check i had just had that morning an electric shock treatment. so anyways, this is the update on this case. thanks for listening, and sorry it rambled on for so long. thanks for listening and please take care.
     
  5. DS

    DS Account Closed

    **Hugs** for you Rhino.

    You did a good job articulating the situation. I can't even imagine how frightening this must be. You are right, there are a lot of strange weird facts.

    Try to take good care of yourself and be extra gentle on you. This is a lot of stress to be under. Keep talking to us and hopefully sharing will help a bit.

    always here for you...