Wrongly Accused of Identity Theft and Fraud
My question involves criminal law for the state of: New York
I filed an article 78 and won against the county and have been very outspoken against the sheriff department, a supreme court judge and the DA. I also was effective in helping a high profile individual who was the victim of multiple civil rights violations. me, a well known 50 year old female landowner, no criminal history, not even a speeding ticket.
A business associate and close friend with an international high profile filed a false felony complaint against me in "October of 2007". She said I stole her identity and used her credit card without permission. I faxed MBNA a statement and corresponding emails from her that supported my defense. I never heard from MBNA and the Sheriff Dept. did not call me again to ask any questions.
Over a year passed by and in Dec. of 2008 a local politician warned me on the QT that he had just come from a meeting where I was again the topic of conversation, he warned me that something was coming down the pike to hurt me.
In January of 2008, the detective called me to say the DA had more information against me and I needed to turn myself in or a warrant for my arrest would take place. When I arrived, "without a lawyer", I was taken into custody, mug shot, fingerprinted and my rap sheet pulled, not one single thing on it.
I was charged with 2 felony's and 2 misdemeanors. One felony carried a mandatory 2 years in state prison, no options, and another 5 years. I told the officer I needed my attorney for the arraignment. He said, absolutely not, that he agreed not to ask me any questions by the attorney I had called. I told him that I had not retained the attorney yet, put me in a cell until he came or they provided me with one.
I was then handcuffed and taken to court without an attorney and released on my own recognizance. I did not retain the lawyer at that point and he notified me that the sheriff department called him to find out if he was retained.
A month later I went to court to ask the judge for more time until I found an attorney. I asked the judge if the rap sheet he was reading was mine, the DA had actually submitted someone else's inch thick rap sheet.
When I brought this to his attention, he told me that this case was getting stranger and that I must retain an attorney asap. I refused to go before the grand jury because everybody is indicted in our county.
Discovery lasted from March 2008 until April 2009. My attorney presented over 30 supporting emails that were in direct conflict with every allegation in the false complaint.
The DA did not submit one piece of supporting evidence. My lawyer filed a motion to sanction the DA, three months she sat on it. Finally, she ordered sanctions, probably the first in 50 years. My lawyer said it will probably take a few more months for it to finish up.
I am now forced to file bankruptcy, thrown out of my bank of 20 years, lost my business's, my reputation, gettin a divorce, and must see a psychiatrist on a weekly basis for the first time in my life.
I thought it would make sense to seek justice from the federal court system.
It would seem to me that my constitutional rights have been violated to say the least. The sheriff department will never file charges against this world famous, gorgeous woman for filing a false instrument.
Since she is living in Madrid it seems appropriate that this should be also handled in federal court. Incidentally, her ex husband who was advising her to do what she did, was one of Bernard Madoff's intermediary's who is under investigation.
Any ideas out there? My attorney won't have the stamina or guts.
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