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  1. #1
    Join Date
    Mar 2008
    Location
    Arizona
    Posts
    1

    Unhappy Sentenced For Roommate's Crime - Roommate's Case Dismissed

    In 2005 I became roommates with a guy ("John") who was later found to be involved in identity theft and check fraud crimes. I moved in with him because I worked long hours and it was a closer commute to and from work. I worked as a Recruiting and Payroll Coordinator for a recruitment firm and occassionally worked from home.

    At the end of the year, the apartment we lived in was searched by Phoenix PD and I was arrested and charged with taking the identity of another and identity theft. During questioning, I was informed that one of my expense checks for a roll of stamps was found in my name along with numerous checks with the same account and routing number in John's name (who never worked for my employer). They also found numerous IDs with Johns picture and other names.

    Last year, I was arrested on a traffic stop for a Grand Jury warrant that was issued for me. After meeting with my public defender for the first time, we went through the police report and because I worked in the finance field, she told me that it didn't look good but yet she couldn't tell me anything else. I was not involved AT ALL with everything that went on with my roommate and no evidence was found against me other than a few pages with employee names and hours worked that I processed payroll for the week before the search. (Of those names, not one was any listed on the search warrant nor have any of these people been victim of ID theft).

    Long-story short, even though they had video footage of John purchasing two laptops at an electronics store, his case was dismissed in full and the Prosecutor moved him to the prosecution side as a lead witness. Without the opportunity to face him and what he was accusing me of, I was forced to enter a plea bargain that my lawyer advised would be the only way to stay away from a prison sentence.

    It's been almost three months after I was sentenced to Probation, but the felony on my record and thinking more and more of the case, I don't think every option was provided to me.

    My main question is I have up to 90 days to file for Post-Conviction Relief and I'm not sure what my options still are, but if there is any way I could get a trial after all or have my case reviewed, I would really like to do it.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Sentenced For Roommate's Crime - Roommate's Case Dismissed

    My main question is I have up to 90 days to file for Post-Conviction Relief and I'm not sure what my options still are, but if there is any way I could get a trial after all or have my case reviewed, I would really like to do it.
    I'm sitting here in open-mouthed horror. Your attorney told you to plead out for something you didn't do??

    Hire an attorney. Explore all of your options for post-conviction relief - and do it soon, it sounds like your time is nearly up. This is what the form looks like for Maricopa county.

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