How to Drop Felony Theft Charges Against My Fiancée

[jk]

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.

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.

[aardvarc]

I dont know what else they could have for evidence.

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.

[JeffRi]

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.

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.

[aardvarc]

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.

[jk]

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.

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

.

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

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.

[JeffRi]

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.

[aardvarc]

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.