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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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Several years ago a search of my home was done by police.

Resolved Question:

Several years ago a search of my home was done by police. I was not present because I was being arrested, but surprisingly I discovered that my estranged husband was. I know this because when I returned to my home the police I found documentation stating that they had removed a list of items they had taken, none of it was what they claimed to be looking for and non of it was used as evidence, and all charges against me were eventually dismissed. What I found especially troublesome was that they stated that they released checks and financial documents to my husband (now ex husband). I don't know how he knew to be there or why they were letting him in and giving him things out of my house. We didn't live together and he had filed for divorce literally days before this happened. It felt like they were working together some how, but how could that have worked? I feel simultaneously paranoid and naive. I have now seen several things happen between my ex husband and police that I just can't explain including last weekend he was let go when obviously drunk driving leaving a wine tasting and jazz festival in the center of our small town. Eye witnesses say he was loaded, and three cars pulled him over and it looked like a no brainer DUI, but in less than a minute the officer let him drive away without asking for his license or doing any sobriety tests. Top all of this off with the fact that this guy is having me doing UA's and no one, especially my kids has ever witnessed me drunk much less drunk driving. I guess my questions about this are:


1. Do I have a law suit around things being released from my house to my ex husband? This resulted in him getting a restraining order to keep me away from our business after which he stole all of our assets.
2. When/how do police return things they have taken?
3. How can I best look into what is going on with my ex husband and police? Is there a suit one can pursue for biases like letting a drunk driver drive home if he got there safely in the end?
4. I have two sworn statements from witnesses to my ex's drinking and erratic driving. Is this enough to file a motion to at least have him doing UA's since he is expecting them from me.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Joseph replied 3 years ago.

1. Do I have a law suit around things being released from my house to my ex husband? This resulted in him getting a restraining order to keep me away from our business after which he stole all of our assets.

  • Sadly, probably not. From what you've described, it sounds like the officers had a good faith belief that you were husband and wife (which, of course, you still were) and that there was nothing inappropriate about handing property to him. So long as the officers had any reasonable belief that this was appropriate, there would be no viable lawsuit.

 

 

2. When/how do police return things they have taken?

  • Once the charges were formally dismissed, you should have been able to recover your items. You should immediately contact the arresting agency and inquire as to the return of your items. So long as none of them were unlawful in and of themselves (illegal drugs, stolen items, etc.), then they should be returned.

 

 

3. How can I best look into what is going on with my ex husband and police? Is there a suit one can pursue for biases like letting a drunk driver drive home if he got there safely in the end?

  • Police officers do have discretion in whether or not to effectuate an arrest. I am aware of no basis for a lawsuit regarding police choosing not to arrest another individual. As to checking into what happened, I would suggest contacting the agency and requesting copies of any reports that were generated. Additionally, you can request an appointment with the chief to discuss the matter. However, my strong belief is that he will rely on the discretion of the officers and uphold their decision to not arrest your former husband.

 

 

4. I have two sworn statements from witnesses to my ex's drinking and erratic driving. Is this enough to file a motion to at least have him doing UA's since he is expecting them from me.

  • Absolutely. If you have witnesses to substantiate your allegations that he has a habit of consuming alcohol to excess, then you certainly have a viable motion to take before the family court.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
Joseph and 6 other Criminal Law Specialists are ready to help you
Expert:  Joseph replied 3 years ago.

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.

 

Thank you for your patience.

Customer: replied 3 years ago.
Great! Very thorough answer. I have just one question left and this is why my family law attorney is dragging his feet. Since the police let him go (in less than a minute with no tests) won't he just argue that he was fine? I have these two statements and could easily get more, and I gave it all to my attorney right away. I told him that I wanted him to file a motion to get my ex doing UA's because currently he is having me do them and he has nothing on me whatsoever, and there is no one icluding our kids who has witnessed me intoxicated. What he has on me is that I went to treatment for a prescription drug addiction over five years ago. I finished treatment and I have had no further incidents, I have no criminal charges or convictions. Regardless, I am the one who went for help and he has never admitted that anything is ever wrong with him. He is a chronic binge drinker, I had an acute problem following an serious illness and his ruthless attack in the divorce. Both began and ended 2003-2005. He has a new fiance now and they want to control the kids and are pretending that my first thirty years didn't count and especially the past five since 2005. He took action against me as though I hadn't completely rebuilt my life again and the saddest thing is that the courts are so biased and lazy that they pretty much let him do it because it is easier for them than really paying attenton to what really happened. He throws statements around like "once an addict always an addict," and "I'm concerned about a relapse" and the court gobbles it up. He isn't conncerned about a relapse. He couldn't care less about me or the children. He wants control and he wants to continue humiliating me. So, the question is, can witnesses make a more powerful statement than the cops did by letting him go? Oh! And on the releasing of documents to him. I realize that you are right, and the police probably assumed something much different was going on. It was just days after he first filed after all. I believe he got me arrested also by using information I had confided in him . I never thought he'd want me to go to jail esp. after all the times I had protected him from being arrested (for violating restraining orders, domestic violence, child abuse, drunk driving, embezzlement, slander, perjury... you name it!). I am trying to reveal his character in court now, and unless I run across a smoking gun (like a DUI coming home from a holiday party tonight would be handy!) I am just going to have to peel back the onion layer by layer so that everyone can see what I have experienced, and every day there is something that happens. I could at least enter this form in court couldn't I just to show the kind of guy he is. I mean, he claims to be concerned about drugs and the kids, but suddenly I am arrested after I take possession of these financial docs and somehow he ends up at my house not getting extra clothes for the kids since he will presumably be taking care of them for a while, not protecting his children's home, not even checking to see if the police are really finding evidence of a crime or of drug abuse. He was there to get those financial documents, and all I was doing was making copies so we would both have a set to give to our lawyers. Of course, I found all kinds of surprises like my signature forged on many documents I knew nothing about, cancelled checks from our business payable to me that were never received or cashed by me, and a whole host of shifty business that I will probably never be able to prove at this point. I did contact the bank to get what they could out of archives for me, but this was about six months past the date they would still have unfortunately.

Point is this... We were divorced 6 years ago and time has really healed nothing. Now that he is attacking me all over again, I am taking it as an unexpected opportunity to reveal as much truth about what happened as I can. I feel that exposing the truth to the light of day will help me put it all behind me finally, especially if I am successful in turning some things around for the kids. I'm curious what all can be revisted. Can I sue him if I find the evidence that he stole assets or can I sue my lawyer who gave the case away? I suffered from a real disorder called "Legal Abuse Syndrome!" I am serious. Have you heard of it? I couldn't believe it when I was told about this, but it is a recognized disorder that is a form of Post Traumatic Stress brought about by the prolonged conflict and lies that go uncorrected while we watch our assets, our friends, our reputation and even our children get taken from us. My divorce followed the sudden onset of a life-threatening illness. By the time my divorce ended in 2005 I was utterly broken in every way. My life today is unrecognizable as compared to what it was 5 years ago no thanks to my ex husband who basically left me for dead, and for a period of time when I was in treatment he refused to let me talk to the boys because I later realzed he told them I was dead. He fits XXXXX XXXXX's profle to a tee, so Im probably lucky I'm not, and I do believe I would be if he thought he'd get away with it.

Thank you for listening. Big tip if you have any advice or suggestions on any of what I have said here. Ultimately, I want the closest thing to justice that might exist in this case, and I know that will at the very least include getting the truth in the record and gaining sole legal and physical custody of my sons. I want to say everything that was never said in the divorce. I want to fight for my kids and for what is right. We have paid his debts long enough.
Expert:  Joseph replied 3 years ago.

I have just one question left and this is why my family law attorney is dragging his feet.

  • I have no idea, any number of things are possible; perhaps he hasn't been fully paid for his services, maybe he thinks it would be prudent to delay for some reason, maybe he has been too busy and hasn't been able to address your matter yet, maybe the judge's assistant hasn't set aside any time. My suggestion here would be to call his office, schedule an office conference and find out directly from the attorney what the hold up is about.

 

 

Since the police let him go (in less than a minute with no tests) won't he just argue that he was fine?

  • I'm sure he will. You have to keep in mind that the other party will nearly always have something different to say, that's just the nature of the beast. However, that's why we have evidence, that's why we conduct hearings and that's why judges exercise their discretion in determining the credibility of the parties. BotXXXXX XXXXXne, it's at least worth pursuing.

 

 

So, the question is, can witnesses make a more powerful statement than the cops did by letting him go?

  • Of course. As I stated above, judges have a lot of discretion in determining the credibility of all of the witnesses and making a determination as to an appropriate/just result. If your witnesses are more compelling, then surely the judge will take that into consideration when making a ruling.

 

 

Can I sue him if I find the evidence that he stole assets or can I sue my lawyer who gave the case away?

  • If you can proof fraud or any criminal action, then you would certainly have an ability to take the matter to court to address the wrongs committed by him against you. As to the attorney, you can certainly file a grievance with the Bar Association and/or file a civil lawsuit for malpractice. As to a lawsuit, I would proceed cautiously as such suits can be difficult. I say this because an attorney can rather easily claim that he made a strategic decision that simply didn't work out as hoped. With this in mind, it can be difficult to determine liability and/or damage.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
Joseph and 6 other Criminal Law Specialists are ready to help you

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