Malicious prosecution or "Theft by Deception"???
This is a discussion on Malicious prosecution or "Theft by Deception"??? within the Other Criminal Law Matters forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; Here's my problem, my company was hired to do a roofing job here in toledo, I had the customer read ...
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#1 |
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Junior Member
Join Date: Feb 2008
Posts: 5
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Malicious prosecution or "Theft by Deception"???
Here's my problem, my company was hired to do a roofing job here in toledo, I had the customer read and sign 2 items, 1 was the contract for the work, and 2 was a cancellation agreement.
The first one had stated what work we were going to do and the charges for the material and labor. The 2nd gave OUR company procedures on cancellation of the work by either party. Simply put if a customer had cancelled after a period of time that their deposit would be non-refundable. Also If we cancel then their monies would be returned with interest. The customer after waiting 6 weeks to cancel had claimed that this was unfair. He went to the local police department and they filed charges against me for Theft by Deception. now after giving the prosecuter all paperwork I was still indicted on the charges. How can this be? the job had a start date of 10/15, the contract was signed on 8/27 and the deposit was paid on 9/1. there was more that had happend between the 9/41 and 10/15 dates but will only disclose if interested. The code I am being charged with is in ohio : ORC 2913.02A3 The prosecuter had charged originnaly, then I was bound over to Grand Jury. I have an arraignment set for 3/10. Also on the back of the contract it has a few stipulations like 1: we are not responible for any delays. and 2: all disputes hereunder shall be resolved by arbitration. Any help would be greatly appreciated. |
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#2 |
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Top Level Member
Join Date: Feb 2007
Posts: 802
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That sounds very odd to us unless the prosecutor thinks you have been acting fraudulently generally.
It would seem a lawyer should resolve that asap. If you don't have counsel arrange to get legal counsel asap. That would seem a very weak case. |
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#3 |
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Junior Member
Join Date: Feb 2008
Posts: 5
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I had a lawyer when we were in municipal court, He had talked to the prosecuter, and since the "vic" want me to be prosecuted, the went along with it... lol this damn system is so funny.
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#4 |
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Guest
Posts: n/a
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Re: Malicious prosecution or "Theft by Deception"???
Yes, last year I was summons to go to court by my ex-husband, an old
63 year retired sheriff deputy. He insist that I pay him back child-support of $58,401.77 of (28) year old divorce case. However, since he worked in the field of law enforcement, he believed that his legal conception of a supposed document signed by one of his buddies that he knew had signed this last minute order. Thus, saying that the Judge ruled against him trying to have him sign it in front of me. Since he refuge to sign, unless I had an attorney present, he wouldn't of done it. So at the last minute he went to get this minute order signed. Now twenty-eight years have passed, he now wants me to return this money of $700.00 a month in return, "as a gift to him", as my attorney would put it. Well, the Commissioner awarded him this on his behalf because of a temporary order, in which was not a stipulated order at the time of the "dissolution of Marriage" in my divorce papers. Not to mentioned the "archives" that proved no record of any type of child-support. Now that the Commissioner has granted this judgment against me, "my attorney is trying to reverse this order". So if I am suppose to pay my ex-husband after (28) years, counting the interest, etc., and the penalities, (not to again mention perjury) or even imprisonment. Does this kinda make you feel that your consituitional rights are offended by a man who claims he is right on every level and you cannot say nothing to defend yourself on such a deal like this? I am in fear of the system and it may as well be working against me since my ex has worked in the courts and thinks he can get away with it again. I do have a portion of of pension that I do receive and he wants to take it away, as if I don't deserve it. Maybe I don't but I sure was entittled to this when I got my divorce. He is now remarried and I sure the second wife hands her hands full with everything she may want and thinks she maybe entittled to for all the years she has added on to him over and above my short-lived marriage of (8) years, perhaps. What rights do I have to get this back on track on September of this year to be remembered of that I lost 28 years ago and now I am lost and cut out. Lost my children, my house and my youth and never remarried. Trying to start over is now ruined because now nobody would want me since I owe my ex husband support, how much more can I take. I feel I was robbed, cheated and threated and almost shot by my ex-years ago, now his wife almost did the same thing, lucky I was on the side walk, waiting for my son to come home one night. She probably thought she'd kill me on the property thinking I was a thief? I know because I saw the gun in her hand. After all my attorney is been retain and now and then he still tries to sexually harrass me. Again, how much more can I take. If my ex had done this 28 years ago, he can still repeat his mistake of paying off the "Judge, or Commissioner, and now my present Attorney". How can I prove this is not happening. You can't prove it unless you prove the archives prove zero. Now where does the legal document my ex proves he has held all these years and where in the archives is it, since we never found it recently?? Will someone respond to this request. Sincerely, Gigi |
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#5 |
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Veteran Member
Join Date: Jun 2008
Posts: 326
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Two things,
Cops and Ex-cops make the stupidest attorney's. Second in most states issues before the court have a "life" if unattended they expire in 2 years. Last edited by Postman; Jul 16th, 2008 at 08:38 AM. |
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Malicious prosecution or "Theft by Deception"???





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