Update on Husband's case

[~Karen~]

Thanks for the update. Glad your hubby has work stubs to prove where he was those 5 days!

I'd want my money back too when proven innocent. Has there been any talk about a counter suit for money, time and stress when your hubby is proven innocent?

~Karen

 

[KanoasDestiny]

No, we haven't given more thought to all of that. We just don't have the extra money to keep hiring lawyers, and going to court. But gosh, I'd love to make them pay!!!

:

 

[PaintedPromiseRanch]

there are almost a dozen people with my name just in this county... i am just holding my breath waiting my turn... mistakes do happen! once my mom got a ding on her credit for a card from a store she never heard of... took some paperwork but she did get it straightened out.

i would sure push for some kind of reimbursement of your attorney's fees once this is cleared up! $1500 is a LOT of money for anyone just to prove a mistake was made against them! :ugh:

 

[Miniv]

i would sure push for some kind of reimbursement of your attorney's fees once this is cleared up! $1500 is a LOT of money for anyone just to prove a mistake was made against them! :ugh:

I TOTALLY agree! Why should YOU guys suffer for a stupid mistake???

MA

 

[KanoasDestiny]

UPDATE!!! :ugh:

The hearing was at 8:30 this morning. We've been in contact with the lawyer's office since we hired him, asking him if he needed anything from us as proof. And he assured us that he didn't. Yesterday at 7am, his lawyer calls us saying he needs this and that, so I spent all day trying to locate things and faxing paperwork to them. Talk about waiting till the last minute! We found out yesterday that the guy who used Mark's name was cited, handcuffed and released on spot (do to a high priority call) with a notice to appear in court. He NEVER spent 5 days in jail like we were originally told, so no fingerprints or mugshots, nor did he ever appear in court (suprise, suprise)!!!!!! All the details they have, is that the guy gave my husband's name, was 130 pounds and 6'1". HA...Mark is neither!!!!

Anyways, Mark's lawyer sent us a disclaimer...I had to sign one saying that mark and I were married for the past three years and that our address has been our address for the past three years (to verify that Mark never got the notices for the warrent or court appearences), and that I'm the one who found out that Mark had the warrent when I googled his name. Mark's disclaimer said that he has never known an "Erica *insert last name*" (the woman who was with the guy, when he was caught with the drugs and burglary tools), he didn't do the crime, he has never been on the named street (in a city he has no idea where it is), and that the case should be dropped because the timing is too far from the date, so he can't give an aliby to where he was that night.

So we just got the call from his lawyer. Not a good one!!! Not that I'm suprised!!! The case was dismissed on a technicality - due to the timing it took for this to go to court. So as it stands, Mark DID the crime but it isn't being pursued because it was more than 2 years ago and the court never pushed it. The only good thing is that the arrest warrent is no longer active. HOWEVER, in order for his name to be cleared, we have to pay the attorney again (HA...more like hire another one!) and take it back to court as a "fact-hearing" case.

I KNEW IT!!! After Mark started dealing with this lawyer, I got a really bad feeling about him. He never kept Mark up to date on what was going on after we paid the money, and whenever Mark called and asked questions, his lawyer would say "I gotta go". So we have been in the dark about EVERYTHING up until yesterday and today. Absolutely not worth any of the money we paid!!! We would have been better off having Mark go to the courthouse alone, get arrested, set bail and get a public defender. Then Mark could have had his day in court and would have been heard (even if ignored!). We could have given more proof that it wasn't him than what the lawyer requested from us.

And to make it worse, I looked up that Erica's name on the same site I found the info on Mark. Haha, seems she has a huge record. I read through it, and then I wrote down her offenses and dates. Then I went and looked up Mark's old best friend. Wouldn't you know it? They were both busted on the exact same date, for the exact same offenses... 5 months after the crime Mark was accused of. So all facts point to Levi using Mark's name, and Levi has given false identity to cops in the past, according to his records. I think I forgot to mention that the lawyer's secretary kept asking Mark how long he lived at these addresses in the past, and there were two addresses that Mark never lived at, so apparently, things have been showing up under his name for quite some time. Told the lawyer and he had absolutely no interest in that possibility.

So we were screwed!!!!!!!! And it's staying on Mark's record as of now. What a circus this has turned out to be, all thanks to Mark picking the wrong circle of friends when he was younger. What a friend!!! AND LAWYERS SUCK!!!

 

[runamuk]

UPDATE AT END!

In a nutshell...Mark's sister (my sister in law....whom I refuse to meet or socialize with) murdered her 3 year old daughter in 1993? and tried to murder her 1 year old son who miraculously survived. I have her public records of the incident from the courts. For some reason I went and was reading throught them about 2 hours ago, and then decided to look up Mark.

I know that in 1995, he was expelled from school for having marajuana on him. Then when he was 18, one of his friend's stole a car and picked him and a couple other friends up. The police arrested Mark and he spent three days in jail. Those are the only times he has been in trouble with the law. Or so we thought!

I ended up finding out that he has an arrest warrent out. "Supposedly" he was in Riverside (2 hours away) on January 9th, 2005 and got caught with Burglary tools and a hyperdermic needle/syringe. Then he failed to appear in court and the warrent was issued. This was after Mark and I were already married, and I know for a fact that he was not arrested, caught, or talked to about those things. We've been together almost daily since we've been together (8 years), and I would have known if this happened. Not to mention that he hasn't used drugs since he was 18 and with his first girlfriend (he is now 30).

I am shocked, scared, upset and everything else you can imagine. And I can only imagine what is going on inside Mark's head. I called him at work and told him about the warrent and he was just as shocked as I was. He had his company print out his time cards to show that he was at work both the Friday before the alleged incident and also the Monday after (the 9th was on Sunday, and he was at work Monday morning). We don't know what else to do. He called the court and asked them if he did indeed have an arrest warrent out for him, and the woman told him yes. She also said that he probably won't be arrested, but that he needs to come in ASAP to get it straightened out. So he'll be taking off work tomorrow, so see what's going on.

I'm not going because I think I'll lose it if I see them handcuff him. I don't know what will happen if he is arrested. I've never been in trouble with the law, so I am basically clueless. I'm so upset because I know 100% that he didn't do what they are accusing him of. I'm not even sure what they are accusing him of, because the records don't show if the guy was arrested, or just warned. It just shows "Possession of burglary tools and possession of hyperdermic needle/syringe" and "failure to appear in court". Well yeah...because Mark never knew he was supposed to be in court for something he didn't do.

The only thing that I can think of is that someone used his name or social security number. But the mugshot and fingerprints should have proved it wasn't him, if the guy was indeed arrested. Can you think of anything else that Mark might be able to take with him to court to show that he is a changed person and the things he did when he was 18 are WAY in the past? He has no physical aliby since he never knew he'd need it, he only has me and my family as witnesses and truthfully, I can't remember what we were doing on one certain day...over two years ago. I have a hard time remembering what we did last Thursday!

GET A LAWYER.

OK I have a very good friend who has a sister who more than once has used "other" family members names ID, etc.....think, does he have a family member or friend who could stoop to false identity?

Heck my husbands younger brother used his name years ago when he got in trouble and we purely by accident discovered that my husband had an arrest warrant, we didn't even need an attorney as my husband could quickly and easily prove he wasn't even in the state where the warrant was issued....but it sure woke us up. Identity theft is very real and it isn't just for credit, often it is for crimes, traffic violations, etc.....

again get a lawyer and try very hard to remember anything that took place at that time.........also try to think of ANYONE that might have a reason to want to not be honest with the law.

good luck

 

[HGFarm]

If I were him, I would not be going down there. I would contact an attorney, and have them handle it.

Mistakes are made, people's identities are taken every day, etc.. and if the description does not even match, well...... it should not be too hard to clear up. If he can provide the attorney with his license, a copy of a birth certificate, let the attorney do their job and I think things will be ok.

P.S. I work in credit card fraud and see this kind of crap every day.

 

[KanoasDestiny]

Thanks guys. We did get a lawyer (please see update above) and unfortunately, it didn't go as well as we had hoped. We do believe that we know who did it because after I posted the update yesterday, I went back online and went through his old friend's record more thoroughly. Turns out he is known under four other names as well. Sure enough, he was arrested five months after my husband's "alleged" incident. But when his case came up, it said "defendant 1 of 2". So I clicked on Defendant 2 and there was "Erica's" full name. So I find it really coincidental that Levi was arrested with Erica (who was supposedly with my husband at 1:30am in the morning 5 months earlier?). So then I looked into her record, and found out that she has been arrested with 4 other men, and one of those guys was arrested in the same city that my husband was accused of getting arrested (again, my husband doesn't even know where that city is). SO she knows someone who lives in "that" city. I'm so frustrated. Mark told his lawyer this information yesterday and the lawyer's response was "why was your wife even looking into this in the first place?" :new_shocked: It's a good thing I did because my husband could have been arrested at anytime for something he had no idea he was wanted for. And now we basically know who is responsible for it, but if the lawyer isn't concerned about clearing my husband's name, then we're back to square one again.

: Except now, we need to report identity theft, and change Mark's social and driver's license, because we don't know what that guy used to convince the police that he was Mark.

Thanks for letting me vent!