Reply to CrimDefense's Post: That makes sense but here is my specifics: I can afford an attorney if you consider the balance of my 401k, but I don't have any income and see no reason to spend the money (already spent - $2500. another 2500. if go to trial). I am not guilty, so I think if the facts would just be known to all parties, it will be dismissed. So how do I get the facts to the prosecutor short of all these resets, bond requirements, and god forbid having to go to trial. I asked my lawyer to file a motion to dismiss on the basis of illegal search and seizure. He said only they court could order a motion to dismiss not my side. Why not? They will not dismiss untill they are told the facts that make the dismissal possible. Without that knowledge the courts will continue to drag this out thinking they are doing the right thing.
My daughter and lez girlfriend were visiting me. They set me up by placing drugs on a tray out in my living area, then telling a neighborhood deputy on watch that I was a big druggie, daughter signed a consent to search form, deputies entered my home, and arrested me upon finding the tray where the girls told them it was.
What wasn't written in the police report: I was reading my bible and drinking kool-aid at the time. No sign of drug use, no smoke or drug smell, no ashtrays lighters or matches found with the tray, no druggie behavior, everything else the girls said (i.e. saw white stuff all over kitchen counters, etc) ..nothing matched girls story except location of tray of drugs. Deputies never told me why they were there or showed me the consent form. If they did we could have established daughter's permanent residence right then.
My daughter doesn't live with me, (lives in Rockport, Tx) hasn't since she was 10 yrs (18 when last feb when this started), I live alone and am sole owner of the house. So first off, the consent to search form wasn't legal.
Even so, I can prove I was set up. After 28 yrs designing chemical plants, refineries, and nuclear facilities, I am disabled due to lung damage...that alone should say I don't smoke drugs.
The reason the girls did it: Over the next few days while I was in jail, the girls withdrew over $1500. from my bank, stole my visa and used it at gas stations, stole family portraits right from my walls, and the main reason for the set-up: stole my car and took off to Kansas where girlfriends' mom lives.
Since then, they did the same type of thing to girlfriend's mom and step-dad up in Kansas and their current where-a-bouts are unknown.
The reason for my arrest per police report (quote) '...C/W stated the reason she told the police abt the drugs that were in residence is b/c she was in the military + didn't want to test + 4 crack coke when she go back.' (My daughter joined Armt Reserves, completed army bootcamp last summer was to return beginning of May for next phase of training. She never showed and Army is currently looking for her.)
So how can I get the prosecutor to see the truth and drop the case without costing me more money and this continued bond condition hassle? Can I file a Motion to Dismiss? Do I need to fire my lawyer next court visit and ask to go before judge?
Am I making any sense? This whole thing has cost me $10k so far including costs to recover car, etc... I what to this over, but I also want to know how I should have handled this.
Let me also say, I have no one, family, friends, etc that can help me. I had no one to call, no one to bail me out (I spent 9 days in jail before bond), it's a fluke I got out at all, since my daughter put me in and wasn't about to help me. I was taken from my couch inappropriately dressed, without shoes, money, credits cards, cell phone, or house keys. I wasn't able to lock windows and doors, lower thermostat, power off TV, lamps, etc. The police left it all for the girls and they abused it leaving my home vulnerable to theft
on top of the rest.
I have one more question...it involves after I got out of jail and called to report car, etc stolen. One deputy showed up, door bell rang, and I let another one inside. Then a third car with two deputies arrived. They walked into my house uninvited, and unannounced. One of them was the arresting officer in my pending felony drug case. She proceeded to tell me that my daughter lived with me, that I gave her permission to take the car and therefore no stolen property report was taken from me. When I realized who she was I asked "isn't it a conflict of interest for you to be in my livingroom talking to me about a pending drug case you have against me?" Of course she said no. Is that true?