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  1. #1
    Join Date
    Aug 2013
    Location
    Ohio
    Posts
    6

    Default Falsely Accused of Stealing from a Relative I Lived With

    My question involves criminal law for the state of: Ohio

    On October 3, 2013, I moved out of my grandmother's home and while doing so she began screaming at me, and attempted to hit me and shoved me out of her home (almost slamming my hand in the door) because I refused to allow her to keep possession of some of my property. It had not been a good residency in her home, but I was peaceably moving out and she had been wanting me and my two small children to leave anyhow.

    I had to contact the police to come and allow me to finish gathering my belongings, and then because I felt fearful for my life (as I found out she was attempting to get a gun to use if anyone came on her property)... I filed and obtained a temporary protection order.

    We had our final hearing yesterday, October 16, and she cross-filed (and made absolutely ridiculous and unsubstantiated claims against me)... but we both agreed to simply stay away from each other so now we have 5-year protection orders against each other.

    I found out during court that she claims I stole a 2,000 dollar Kirby sweeper from her residence in September. I stated in a court of law I did not take the sweeper, nor did I have any desire to obtain any of her property at any time... because in truth, I did not take the vacuum cleaner.

    I have never stolen anything, and have absolutely no criminal history of any kind of crimes...

    This false claim is a retaliatory move on her part because I am the first person in my family to stand up to her after 45 plus years of abuse nearly all the females in my family have endured by her.

    So far the police have not contacted me, mostly because she doesn't know where I live and my address hasn't been updated with the courts obviously.

    I contacted the police department and police records, found out that on October 9th she made the report that I stole the sweeper on the 26th of September when she was out of town.

    Earlier in September she accused me of stealing a paper shredder, and after I searched her home for it for 4 hours... she remembered she destroyed the paper shredder when she accidentally shredded an envelope with a dime in it.

    In my opinion this is her seeking revenge and her also not remembering where she put the ridiculous sweeper, which actually only costs 1000-1500 dollars... not 2000.

    What can I do to prove I'm innocent? Should I just wait until the police contact me, contact them and have them come search my home? I am absolutely innocent and she is just trying to hurt me or get me in trouble with the law for no good reason and with no proof or evidence I stole the item.

    More than likely she gave the sweeper away to someone, as she loves to do.

    I am scared to be charged with something I didn't do!

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Falsely Accused of Stealing $2,000 Dollar Sweeper, Police Report Filed

    If your current address has been updated with your state's DMV as required by law, the police will be able to find you if they need to. Now, you can always wait for them to contact you - assuming they can, or, you can contact them and make a statement. The advantage to contacting them is that it might prevent a warrant from coming out for your arrest (assuming they have enough evidence to pursue such an action through the prosecutor, and I doubt that is the case). The disadvantage is that you might make statements that could cause you more harm than good.

    If you truly did not do anything, then you might consider contacting the police department, providing updated contact information to them in case they need to get in touch with you, and then wait for them to get in touch. If they do, and you feel the need, you can always decline to speak with them until you get an attorney. Or, you can tell them you didn't take anything and have done with it. It's your call.

  3. #3
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Falsely Accused of Stealing $2,000 Dollar Sweeper, Police Report Filed

    Consult with a criminal defense lawyer (free consultations are normal). Keep the lawyers card on hand and in the event the police do arrive, tell them you want to call your lawyer.

    Have no further contact with Grandmother.

    Take notes of anything you can remember including things like if she takes certain medications and drinks alcohol together.

    If she has a tendency to sell/give away stuff, to whom.

    If she still has items of yours, make a court motion to request you get these items with police backup, but you likely will need a receipt for the items. Or atleast a credit card bill showing you purchased it.

  4. #4
    Join Date
    Aug 2013
    Location
    Ohio
    Posts
    6

    Default Re: Falsely Accused of Stealing $2,000 Dollar Sweeper, Police Report Filed

    Thank you both for your responses...

    I have not spoken to her since the day I left her home, October 3... Even in court yesterday, I refrained from even looking at her or speaking directly to her and only spoke to the judge.

    I cannot afford an attorney, and she knows this. I had to move in with her last year after I was raped, became pregnant, and had to relocate due to the rapist living in the same apartment complex as me... She allowed me to live with her, and over the past 10 months--- both myself and my 4 year old child have been threatened weekly to be thrown into the street (she would directly say to my 4 year old, she would kick him in the street).

    There are honestly so many things she does that really would debunk all of her claims, but I am in college for a professional degree in the healthcare industry and I am so afraid because this will be on my record and may prevent me from obtaining work... (Defamation of character?)

    I did not take anything of hers, not even a dirty tissue... I have a blemish free record, and have multiple persons who can attest to my character and can attest that I do not have the sweeper, nor any other properties of her's in my possession... nor have I ever.

    I already contacted the police department and they told me I could file a report saying she falsely filed... but it would be difficult to prove. Although, I have witnesses (my mom, her boyfriend, my boyfriend and his family) who can corroborate that I did not take the sweeper.

    I thought about trying to get a hold of the responding officer, so that I might speak with him and give him my side of the story and inform him that he is welcome to search my person and my property for the sweeper; that I have absolutely nothing to hide, and I only want to clear my name.

    All I want is for her to leave me alone, and now that there is a protection order (I have one against her, she has one against me... because the Judge basically said that while I had a valid claim, she did not but we could both agree to stay away from each other)... she is informing family members that she is going to sue me for multiple things... and in my personal opinion it is all an act of retaliation with the intent to harass me, defame me, and cause me emotional, mental, and possible financial disturbances.

    I have a 4 year old and a 4 month old and my biggest fear is that this could bite me in the ass... because even though I know I didn't take it... I can't afford to be arrested... I would lose my ability to finish school and obtain my licence and possibly lose my children.

    My address is changed, I'm not hiding anything.

    I'm just scared because I have never been charged with something before

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Falsely Accused of Stealing $2,000 Dollar Sweeper, Police Report Filed

    You haven't been charged with anything at this point. A report has been made and absent some form of corroboration that might rise to the level of the probable cause necessary to convince a prosecutor and a judge that a crime has occurred and you have committed the crime, nothing more is likely to come from this.

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