Update on Husband's case

[KanoasDestiny]

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!

 

[lvponies]

I don't think I'd go in there without a lawyer being present. Do you know one or can you contact one to go in with him?

 

[KanoasDestiny]

OMG...I don't know. It never even dawned on me that he may need one. My mind is just swimming right now, and nothing is making sense. :no:

 

[Lisa-Ruff N Tuff Minis]

well if he wasnt arrested there would be no warrant and no record- there has to be a police report or a ticket issued for the court date so there has to be a paperwork trail of some sort. They dont issue a court date for a warning.

I would get him an attorney BEFORE he turns himself in and thenthey can check the plates on the car, the DL of the person they stopped ect.

 

[lvponies]

I know you are both understandably upset and nervous. A lawyer would represent Mark and remain objective and calm. It may help. Or he could go in and if anything happens, you could contact a lawyer then.

 

[Bassett]

Wow, I have nothing to offer , except I do think you should get a lawyer before you talk to anyone. Hope with all my heart things turn out okay for Mark and you too. Good Luck. Keep us posted.

:

: ((((((((((HUGS))))))))))

 

[Minimor]

I would not let him go without a lawyer accompanying him. The lawyer will know the letter of the law & will have Mark's best interests in mind.

Is it possible that there's another person with the same name as Mark's? I know I'm not the only one around with my name, first & last, and I'm sure a good many names have duplications. Actually I know several people that have the same name as 2, 3 and 4 other people, and that's just in a very small area. I used to live in a small town, and shortly after moving away we read that our former landlord had passed away. We wree shocked, as he was not old, nor ill that we knew of. Then it occurred to my mom that there was an old, old man of the same name in the seniors home where she had worked--it was this older man who had passed away. That's two people in the same small town.

Did this warrant include your address & other info that matches, or is it simply the name showing up?

Good luck, I hope this is something that can be easily straightened out for you & Mark!

 

[KanoasDestiny]

See...that's what has me. I found all three incidents on his record, two of which was his actual crimes. BUT his record also says that he is 6' and weighs 130. My husband is only 5'9", and anyone who knows Mark, knows he hasn't weighed 130 since he was in his teens. He hasn't been thinner than 190 since we've been together. He can't remember the last time he weighed that but says it was probably in the prime of his "speed years" (after his sister did what she did).

The name is the exact same as his, and has his birthdate right next to it. When he called the courts, he told her that he has lived in Barstow since 98, and she told him that they only have Riverside addresses for him. That would explain why he never got any kind of letter from them to appear in court. He has had an updated Driver's License since we've been together. I went in with him to renew it, shortly after we started dating in 99'. If I understood him right, he said that the address they had him living at last, was an address he doesn't even know where it is (never lived at).

I did call an attorney, who said that he thinks that Mark would be able to go in alone and have it put on calendar that he is trying to correct whatever it is. He said that the possession charges are most likely misdemeaners and the guy was probably only cited with a notice to appear in court. That would not be good!!! As then that would mean that there is no mugshot or fingerprints. The lawyer also advised that most likely the court wouldn't arrest him if he went in on his own will, but that it might be hard to clear his name. There would be extensive investigation to see into the police reports and everything that goes with it.

It feels like a big ol nightmare. I vowed to never get with someone that did crime (Mark and I have had lots of bad words over his past). I'm so straightlaced that Mark even stopped drinking and smoking after we got together, because he feared I'd never marry someone who did distructive things.

 

[lilhorseladie]

Wow! Get a Lawyer! Explain the story to him, then start from there! What a scary thing. Make sure you know the truth and then jump in with both feet and get it over with. Best wishes and don't let yourself get eaten up over it! Hang tough and be supportive

 

[dixie_belle]

I used to work for the Lewisville Municipal Court in Lewisville, TX. I was the warrant clerk, which means I issued all the warrants for the City. Here is our procedure. If a defendent arrived with an active warrant and no cash (to post a bond) he was arrested on the spot. I urge you NOT to appear without enough to post a cash bond. (notice it is a cash bond, not a check or credit card bond!) The bond is usually exactly the amount of the fine. You give the court the bond (in cash) and it is held as a guaranty that you will appear in court to answer the charges. If you don't appear, the court keeps the bond, uses it to pay the fine, finds you guilty, and the case is closed. If you appear, you will receive the entire bond back (usually within about 10 days or so) regardless of any fine that the judge orders. Remember, the bond is simply a guarantee that you appear in court. Once you appear, you have fulfilled the requirement and the entire amount is refunded to you.

Each court is different, of course, and the judge makes the rules in his/her court.

My advice: 1) call the court, find out how much is the bond, 2) have hubbie appear at the clerk's office with the bond amount and 3) set a court date to appear before the judge

If you do not have the amount of the bond, you can hire a bail bondsman. They usually will post a surety bond and charge you a percentage which is non-refundable. An attorney can do the same thing which is an attorney bond.

Good luck

 

[KanoasDestiny]

Thank you so much guys....especially dixie bell, that was very helpful. I'm thinking that Mark may prospone his court appearance until he at least finds out how much a bail would be. I did talk to him about a half an hour ago and he said that he wouldn't put it past his old best friend to have used his name. Sure enough, I look up his friend (who has a huge record) and I find out a lot! He was out of jail when my husband supposedly got in trouble but was arrested 2 weeks later. He has been in prison, is constantly going back to jail, been caught DUI, has stolen cars, been caught with "burglary tools", drugs and paraphonilia and get this...giving a peace officer a false ID. I wouldn't put it past him...but there is literally no way of proving that "he" did it. My husband hasn't spoken to this guy since 1996.

Thank you guys again. If nothing else, this has helped me to at least get out my fears.

Forgot to mention...there are at least 5 other guys with Mark's first and last name listed in California, that are not my husband.

 

[eagles ring farm]

can he take some kind of proof with him when he goes from his job that he was at work at the time

I wouldn't trust the courts without being ready to defend myself

its guilty until proven innocent in some of them

good luck

 

[Boinky]

it's USUALLY guilty untill proven innocent. Even if the burden of proof is on the other guy..usually it ends up being more on YOU to prove it. sounds like your in a mess. Hopefully you'll be able to come up with stuff to prove he didn't do it. If you save receipts check back through your saved receipts..see where you were on that day ect. check your check book if you use that to write out checks..might refresh your memories as to that particular day. I've also been told receipts can also be used as proof in that you were at a certain place on a certain day.

 

[Marty]

What about FINGERPRINTS!

Surely they would have the other guy's fingerprints on file.........

this is horrible. Makes me crazy. I am sooooooo sorry!

 

[Sandy S.]

I'm going to go with clerical error on this but will still be a mess to clean up. We just went through a mess with my son, but lucky not this type. One County errored when they entered someone (a dad) for child support that had the same name as my son, they didn't put his Social Security # in and his date of birth like they were suppose to, so when my son's child support orders went through in another county, they just looked up the name in the data base and entered it as him, put in his social security number and date of birth. So he ended up having two wives at the same time and an additional 2 children. Luckily the other person had a different middle name and it was straightened out, but it took a lot of time and phone calls to get it straightened out.

 

[~Karen~]

What a scary thing you 2 have to go through. It made me think about something that happened to me back when I was, ohhh... around 20 something. I found out that I had a warrent for my arrest (can't even remember what it was over now, seems like a hit and run or something). But nothing added up, it happened in Illinoise, and I had never been in Il. in my life before. They had my name, and SS#. I was told to go in to get it straightened out as well. My mom went with me, and come to find out, it was someone with my same name, but the birthdate didn't match up and the SS# number was almost the same as mine, but seems like it was 2 numbers off somewhere in it. I was sooo nervous because I was picturing myself taking the rap for someone else, and I had never done anything outside of some speeding tickets before in my life. I was very scared. I was so thankful that I had someone to go with me and support me when I had to go to the city Hall/ Police Dpt/jail. I hope that your husband has someone to go with him if you won't be there to support him.

I hope that his situation gets corrected as easily as mine did. {{{HUGS}}}

~Karen

 

[lilhorseladie]

Any update on this?

 

[KanoasDestiny]

Hi guys. Sorry it took me so long to get back and give an update, but here it is. My husband did NOT go to court today. We decided that it would be best for him to hire a lawyer, so that he didn't have to go alone. Call us crazy, but we figured that he'd have a heck of a time being heard, since he has a past record already. I mean...doesn't everyone say "It wasn't me!" ?

So I went to work today and talked to my co-worker (a teacher at the school I work at). I knew that his dad is a BIG TIME lawyer who deals with Federal cases, but as it so happens, he is a lawyer in the city that the crime supposedly happened. So he gives me his dad's number and tells us to say that he referred us. My husband called the guy instantly, and he is now helping us. Cost us $1500 but that is a $1000 cheaper than we were quoted from a lawyer in our little town. I'm thinking that he's doing his son a favor, and it worked out in our pockets.

But anyways, he's been able to tell my husband that the "guy" was arrested for FIVE days!!!!!! We have my husband's work stubs to show he was NEVER absent for FIVE days!!! So now, the lawyer is working to get details and says that he'll go to court for Mark on Friday. Mark doesn't even have to be present, as there isn't really a case after all.

What really makes me upset is that obviously this guy was mugshotted and fingerprinted, yet no one caught on that it wasn't my husband. That's a scary thought!!! And to make it worse, we have to pay quite a bit to prove my husband never did anything wrong. Anyways, I guess we'll know more after Friday. Thank you all for the advice and stories of experience. If it wasn't for you guys, I don't think having a lawyer would have ever dawned on us, as we were in such a state. You guys are the best!

 

[eagles ring farm]

prayers all goes well and is straightened out quick

sorry it had to cost you so much just to prove they are stupid

those courts are a bad gang not to take lightly in my opinion

 

[lilhorseladie]

Too bad they won't reimburse you for the cost. It was their mistake!