How to Drop Felony Theft Charges Against My Fiancée

My question involves criminal law for the state of: Nebraska

I have to tell some past of what happened to start this case. One night I had gotten into and argument with my fiance and yelled at her and scared her really badly. The next morning me and two of my friends went to town leaving my fiance at home with her two friends. When I got home about 3 hours later my fiance her two friends $7,000 and some electronics where gone. I did contact the police and told them that I had been robbed and three people are gone from my house. I had at the time stated that I THOUGHT it may have been my fiance. So they said they would put out a warrant for her arrest. A month later she contacts me and is living on the streets in another state. I had a friend of mine call 911 asked for information and asked if there was a warrant for her. He was told no there was not. So I sold some of the other stuff I had around my house and left to get her. On the way back I had gotten stopped by an officer and had her name my own and my friends names ran and nothing came up. We lived in my house for about a month and had another friend of mine that I had gotten into a fight with a friend I had living with me and another person called the police on us. They ran everyone's names and then arrested my friend that I had fought with and my fiance.

They are wanting to put her in prison for the next 20 years max when I do not believe that she stole my money and property. I have tried to drop the case but the state has picked it up and her public defender wants to have me do a deposition and put me on the stand to tell the judge and jury my side of things. The county attorney does not want to drop it down to any misdemeanors or anything because of a past case in another state my fiance had for credit card fraud and it wasn't even her that time either. I was there for the case and it was another girl her mother let into the house.

Any helpful information would be appreciated I really don't want my fiance to go to prison since she was not the one that stole the money. I'm sure it was one of her friends that she has no control over.

so, you told the cops you believed your fiance stole the property and money. Did you ever call them and tell them you have had an explanation for the missing property and money such that you no longer consider the property stolen?

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Quoting JeffRi

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They are wanting to put her in prison for the next 20 years max when I do not believe that she stole my money and property.

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She must have a heck of a record. Frankly, if the only evidence you provided is "Three people could have stolen the money and items," and they're saying "The best deal we'll offer is 20 years", it's highly likely that they found more evidence of her complicity and/or she confessed.

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Quoting JeffRi

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I'm sure it was one of her friends that she has no control over.

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Why?

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Quoting Mr. Knowitall

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She must have a heck of a record. Frankly, if the only evidence you provided is "Three people could have stolen the money and items," and they're saying "The best deal we'll offer is 20 years", it's highly likely that they found more evidence of her complicity and/or she confessed.

Why?

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She just has one past theft charge and I was around for that case and it wasn't even her that did it. They found the person who did but never removed the record. I mean she spent 27 days in jail threw the case and then they let her off. And I know she hasn't confessed because she lives with me. The county attorney is dragging up a past record from what wasn't even her doing. And the PLEA agreement was 5 years and paying back the money taken and fines. She did not take the plea so now they are taking it to jury trial.

And I think it was one of her other friends because she has no background in braking into things.

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Quoting jk

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so, you told the cops you believed your fiance stole the property and money. Did you ever call them and tell them you have had an explanation for the missing property and money such that you no longer consider the property stolen?

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No because my fiance has no idea where it went either. That is why I think it was one of her friends but I don't know how to get the county attorney to go after the other people too. Three people left my house when the money and things got stolen only one has returned to my house and that's my fiance. And they are only charging her not the other two.

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No because my fiance has no idea where it went either.

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so you still believe she may have stolen the money and property?



T

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hat is why I think it was one of her friends but I don't know how to get the county attorney to go after the other people too.

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if the evidence supports the other people being charged, they likely will. Apparently so far all the prosecutor believes they have enough evidence to convict your fiance.

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Quoting jk

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so you still believe she may have stolen the money and property?



T if the evidence supports the other people being charged, they likely will. Apparently so far all the prosecutor believes they have enough evidence to convict your fiance.

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No I do not believe she took it if I did I would not have her living with me now. And no the other people are not being charged. The only thing the prosecutor has is my old police statement and my fiances old record that was on a case that was just dropped. My fiances public defender wants to put me on the stand and ask me what happened that day and have me do a deposition also. I just at this point have no idea how to get her out of this. Even since they didn't bring the other two people in on it.

so, the DA has absolutely no evidence your fiance stole the property? Either you do not know everything the DA knows or your local court is wasting a lot of money. The fact they are charging her with what they are and are not offering much in the way of a deal suggests they have something you aren't aware of.

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Quoting jk

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so, the DA has absolutely no evidence your fiance stole the property? Either you do not know everything the DA knows or your local court is wasting a lot of money. The fact they are charging her with what they are and are not offering much in the way of a deal suggests they have something you aren't aware of.

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The DA is using a past case my fiance had that she was not even found guilty of to say she is a repeat offender, that is what I was told, other than that they have my old police report, I dont know what else they could have for evidence.

If you think that's what's going on, you need to ask your fiancée to level with you about her record.

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They are wanting to put her in prison for the next 20 years max when I do not believe that she stole my money and property

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It doesn't matter what you believe. It doesn't matter what the prosecutor believes - except that they apparantly believe that there is enough EVIDENCE against your friend to get a conviction from a jury. Your accusation alone isn't even in the ballpark of being enough evidence for a prosecutor to pursue a felony case against your friend. They have SOME evidence of SOME sort that they are planning to introduce to show that the money existed, disappeared against your will, and that she's the one responsible. Somehow, they feel they are going to be able to connect her specifically to the money you reported stolen. It's not just as easy as giving police a name and that person going to prison, there's the whole issue of the state PROVING the crime, beyond a reasonable doubt. The state seems to think they can do it. That means they know things about your fiance that you don't. Yet.

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Quoting JeffRi

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The DA is using a past case my fiance had that she was not even found guilty of to say she is a repeat offender, that is what I was told, other than that they have my old police report, I dont know what else they could have for evidence.

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as I and others have stated: either they are attempting to buffalo your girl into taking a plea deal or rolling over on her friends (unlikely as the DA typically does not get this far without evidence) or they have evidence you are not aware of. It's pretty simple to dismiss a case if all they have is your statements. If that is actually the truth, then your girl needs to seek another attorney.

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Quoting JeffRi

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I dont know what else they could have for evidence.

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We can't imagine either. But they EITHER have something that makes them think they can get a conviction against her at trial, OR they have at least enough to make her attorney nervous enough to think about a plea rather than face trial for a felony and potential for state prison. Most DAs are way too busy to bother trying to totally bluff their way through a case, even for a misdemeanor plea. Her attorney is the person to evaluate exactly what the state has, challenge admissibility on any number of grounds, and evaluate how damaging that evidence might be.

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Quoting aardvarc

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It doesn't matter what you believe. It doesn't matter what the prosecutor believes - except that they apparantly believe that there is enough EVIDENCE against your friend to get a conviction from a jury. Your accusation alone isn't even in the ballpark of being enough evidence for a prosecutor to pursue a felony case against your friend. They have SOME evidence of SOME sort that they are planning to introduce to show that the money existed, disappeared against your will, and that she's the one responsible. Somehow, they feel they are going to be able to connect her specifically to the money you reported stolen. It's not just as easy as giving police a name and that person going to prison, there's the whole issue of the state PROVING the crime, beyond a reasonable doubt. The state seems to think they can do it. That means they know things about your fiance that you don't. Yet.

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I went in to talk to the county attorney and she stated that my FIANCE has 4 priors and she named them off to me, they where all on ONE case my fiance got dragged into in Florida 4 years ago, the county attorney is trying to split up the 4 charges into separate cases to make my fiance look like a repeat offender. She has been accused of one prior theft case and it was dropped on her after the real person was found. And as for finding out how I got the money I never told them and I never gave them anymore information on where the money came from, and as for any other priors she only had trespassing and possession of drug paraphernalia before her theft case 4 years ago she never had anything before that, I know this because I was there for her case talked to her old Public defender and knew about her old charges. They are trying to make up evidence against her and I want to be able to stop them.

Then whip out your check book and hire her the best criminal defense attorney in town. THAT is the only way YOU are going to be able to help her.

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JeffRi;698814]I went in to talk to the county attorney and she stated that my FIANCE has 4 priors and she named them off to me, they where all on ONE case my fiance got dragged into in Florida 4 years ago, the county attorney is trying to split up the 4 charges into separate cases to make my fiance look like a repeat offender.

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and? Not only is her past criminal history likely to be not admissible, it still is not evidence of guilt in this case.

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They are trying to make up evidence against her and I want to be able to stop them

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so far you have not presented one shred of evidence here. Is there something more you aren't telling?


as was said before, a DA is not going to play the game this far unless they have something they believe will convict her. Her lawyer does know what evidence the DA has.

The only evidence I have been told about by the DA is that of my fiances past record and police report I made, the DA is taking my fiances old record from 4 years ago and splitting it into separate cases to say she is a repeat offender other than that the only evidence I GAVE them is the police report. Her public defender is saying that he didnt even know the DA had my fiances old records. The only thing my fiances public defender is going to do is put me on the stand for me to tell my side of what went on.

Thats all the evidence I know they have.

They have MORE than your police report. Don't know how many other ways we can continue to tell you the same thing. You're going to have to wait for the trial to see what further evidence they were able to develop in order to support the criminal charge. The DA isn't going to spill the beans to you because he doesn't want you passing info to his suspect and screwing up his case. The public defender isn't going to tell you everything, because he doesn't work for YOU, the person who started the whole thing that resulted in a criminal charge against his client. He works for his client, and you are part of "the enemy" team, if you will. You're just going to have to wait to see what develops at the trial. If you're not convinced that her defense attorney is being as aggressive in her defense as they should be, that's where you have the option to pay for a different attorney.