I am facing two ag assault charges. During the intial hearing, my ex wife and her son, gave totally conflicting stories, one saying I lunged at her with a knife, the other saying I was waving a knife. Blatantly their stories did not match. She said every one of her adult chldren were upstairs with me, he said no one was upstairs (wherethey stole my wallet grabbed me by the throat then kicking me down a flight of stairs) And that he did not put his hands on me.
I in the meantime, have a torn ligament and a cast for 3 months, multiole contusions on my legs and arms.
It boils down to her and her 3 adult children, saying I did, I saying I did not. Medical records show I was injured, photos show I was injured. A 911 call according to the son was being made, prior to me supposedly picking up a knife to keep them back, She saying my wallet was hanging out and they just took it. She turned around after I was arrested, proceeded to use my debit card, took $800.00 then went on line and transfered $2500.00 out of my account into hers, then gave her daughter a check for $400.00, 15 minutes befor the police were called and was cashed at the counter.
There are multiple discrepencies in their stories, and outright perjury.
(she claimed she had a debit card to the account but instead used mine) No such debit card was ever issued in her name.
She said she punched me in the face on the stand, then changed it to slapping me. She said I put the so called knife down on the counter, then hit me. The son said I dropped it on the floor, the other kid said I gave it to him?
The police said they never dusted it for prints, instead assumed that their story was factual.
The magistrate did send it onto a preliminary, which my counsel wants to wave and go directly to trial.
The DA has no idea what my attorney is holding, as to my side of things and wants it before the other side in something called discovery?
There is an ongoing investigation regarding fraud on my debit card, fraud on my sears card, and I am not sure where it will all go.
My cousel is one of the best criminal attorneys in the area, and said we have them tied down now, and are going to pick their accounts of what happened apart.
They wanted me to take a year jail time minus a day and my attorney told them we are not taking any deals. This business with a knife never happened, they kicked the crap out of me, because I was going to leave and force their mother to lose the house and car. I had medications she stole from her job (a nurse) and they wanted them back, and this is what it was about.
I cannot read my attorneys mind, and I do not want to run up billable time.
Why would he wave a preliminary and insit on going to trial?