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SmithEsq
SmithEsq, Criminal Defense Lawyer
Category: Criminal Law
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7-8 years ago an abusive boyfriend stole checks. I notifed

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7-8 years ago an abusive boyfriend stole checks. I notifed the bank and closed the account. I did not file legal paperwork because he is dangerous and would come after me. I just got arrested on warrants out of two counties. The judge released me PR. The checkout people just said "no charge". They won't give me any information. I called the two counties; they won't tell me if these checks were from years ago or recently; won't tell me how long ago the warrants were issued; won't tell me what I am supposed to do next. I called the county that arrested me repeatedly trying to reach the investigator I filed a report with to give him additional information. He never answers his phone and his voicemail box is full. The day after this happened my photo was plastered all over the internet which may damage my clients and eliminate how I make a living. I kept calling and finally the person who answers the phone at the county office that jailed me said to phone the counties every week and ask if I was on the docket. There are 400+ counties in Texas and I have no idea where else warrants could pop up. I called half a dozen attorney's offices and am getting nowhere. Even if I had the money to get the record expunged, once something goes online it is permanent. I could use some advise on what to do.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  SmithEsq replied 1 year ago.

SmithEsq : Hi I'm an attorney specializing in criminal law. I'm sorry for your trouble.
SmithEsq :

I'm sorry for all the trouble you've been through

SmithEsq :

Before I answer, what does "PR" refer to? We all use different ways of saying things so I just don't know this one. But let me see if I understand. Your ex-abusive-husband stole checks in your name and now they have the potential to pop up all over the country, theorhetically, but you have no way of knowing where or how many, right?

SmithEsq :

As far as the future goes....I'm afraid there's nothing you can do now, until you know you are on a docket and are going to be charged. You get a lawyer and these facts are made clear and simple to the judge. Let's say he's using your name every day this way-the only thing I can see you can do is to get a court to order him to stop using your name. You would be suing for an injunction (a motion to stop). YOu will have to prove he is the one doing this in order to get it but if you do get it, and he uses your name again you will have grounds for another lawsuit on top of being able to show the local judge that you have this injunction against him and he does this regularly and it won't just be your word against his It will be another court agreeing with you to give you some credence.

Customer:

Hello,

Customer:

I believe that PR means released on personal released personal reconnaissance. Ex-boyfriend not husband. I do not know if these are from 7-8 years ago or ongoing. During arrest I was given no paperwork. The only thing I have is a number on the report the investigator started. The counties that put out the warrants will give me no information. They won't tell me how to know if I'm "on the docket" and even if I can clear those two I have no way of knowing if others will pop up. How can I prove he is the one doing it, especially if he passed these checks 7+years ago when I don't even know where they were written. The odds of the people who took the checks - from a man when they had only a woman's name on them - that long ago still working there or remembering are next to zero.

Customer:

It seems obvious that the legal system will not assist me. They won't even give me the most basic information to try to prove he did it. They won't tell when I have to appear. I can't work because my reputation is ruined. I can't sleep because of nightmares that he is coming to kill me or they police will drag me off to jail again. I can't go through that again and I can barely eat. What am I legally obligated to do now that my life is ruined? I have to move before he comes after me again; this address is now a matter of public record. Any address that is a matter of public record places my life at risk. If I leave the state for my own safety will I be committing some crime? Will other states arrest me? I believe the charge is theft by check over some amount they didn't give me and under some other amount they didn't give me. I haven't driven in years. I no longer have a way to make a living. There is no public transportation here - not even a single taxi. There is no way I can hire an attorney and no way for me to get to hearings. I have limited time before I am homeless and without a phone so there will be no way for me to call these counties every week and see if I'm "on the docket" as the county that arrested me suggested I do after I called them repeatedly trying to get more information and find out what I'm supposed to do now. I have no one who can help me at all.

SmithEsq : Okay, I hear that you feel this person has not only ruined your life but is compromising your future endeavors and mental well being as well and is cause for great concern . Generally people in your situation find information gathering empowering. It's the only way to begin to attack this monster -by finding out as much as you possibly can about everything he's involved with, including you but not only you-you go on the hunt.
Customer:

I need to know what happens if I leave the state for my own protection.

SmithEsq : Are u here?
Customer:

Yes

SmithEsq : I'm glad. We could connect.
SmithEsq : I'm here live so ask away.
Customer:

I need to know what happens if I leave the state for my own protection.

Customer:

Am I considered a fugitive? Am I breaking some other law? If the warrants are not active at the time I leave am I committing a crime by leaving?

SmithEsq : If you have been told by a judge not to leave the state during the pendancy of some proceedings-until all cases are over with, you would be taking a risk leaving like that and could end up with warrants. Instead, you tell the judge your safety concerns and respect for the court and defer to the court as to what to do.
SmithEsq : If u just leave a warrant will be issued for your arrest. You don't need that.
SmithEsq : So if you have court dates but have fled the jurisdiction you are technically a fugitive if you don't have the courts consent.
Customer:

The judge just said they would release me "pr". He told me he could not tell me what checks in what amounts written where or on what bank. The investigator asked me to get all my bank account numbers for closed accounts and give them to him for his report. I have called and called and he has not returned my calls. The last time I tried his voicemail was full. I just tried again and they tell me he will not be back until Tuesday morning. The judge did not tell me not to leave. All he told me was he would release me "pr". I do not understand how people involved in the law think the way they do. If your choice is A) Sit around waiting for a dangerous person to kill you because you are implicating him in a crime he committed. or B) A warrant may be issued for your arrest, but you will at that point still be alive. Personally I choose B, but those who believe in the system think I should choose A. That is insane.

Customer:

I don't have court dates now. The warrants are apparently gone now, but when there are court dates I assume they would be reissued if I don't appear, and to save my life there is no way for me to know I am supposed to appear.

Customer:

If I could find a pro bono attorney to work on these issues could that attorney appear in my place and keep me from being required to appear.

SmithEsq : Im not telling you what to do. I'm just telling you what your options are. It sounds like you understand your responsibility to appear in court. What you do with that knowledge is up to you. I'm just here to provide answers for you, not place a judgment on your decision.
Customer:

I am asking is there some way to fulfil that obligation, but not end up dead.

SmithEsq : Finally, I hope when you and I interact such that you are satisfied with the service, I simply ask that you rate this answer positively.
Customer:

I will if you can answer my questions.

Customer:

Is there a way I can fulfill the obligation to appear without having to physical be there?

Customer:

physically....sorry....I have gotten very few hours of sleep since this happened. I don't usually make mistakes typing.

Customer:

Could an attorney appear on my behalf instead of me physically being there?

SmithEsq : In order to be excused from the judicial proceding, you must first make this request in court for the following court date. Then it's up to the judge whether or not you are excused. If your reasons revolve around safety you stand a better chance of the judge agreeing, though it's not a sure thing.
Customer:

I can't find out when there will be a court date.

Customer:

The phone will be shut off and I will be homeless. I won't be able to find out.

SmithEsq : Is that because the case is in warrant status right now?
SmithEsq : In other words, have you already missed your court dates? Or one date?
Customer:

I don't know how all this stuff works. I have never committed a crime in my life. That is why I'm asking you. I have told you everything they will tell me. I asked the judge for information. He said he had none to give me. I asked the counties that issued the warrants for information. They refuse to give me any. I was given no paperwork. I have an investigator, but can't reach him. After calling so many times the person who answers the phone told me the warrants were taken care of and that I should phone the counties every week to find out if I'm on the docket. Even if I can do that, I can't arrange a way to get to another county on no notice.

Customer:

I don't know if there were ever any court dates.

Customer:

All I have is logical conjectures. That if some day I would be on a docket and I don't appear that there will be new warrants issued unless I find a pro bono attorney willing to try to get something done. If that happens, will other states arrest me?

SmithEsq : Well you might want to physically go where the warrants were sent, which can only be one of few places and I'm betting the local criminal court house. Take the docket numbers if you obtain them or just take the warrant numbers to the main office there and see what they have.
Customer:

Perhaps you haven't been to Texas. The Assistant D.A. was gunned down on the courthouse steps in this county. The DA and his wife were murdered in their beds. You can find that information in the major media online. I don't have any docket numbers. I don't have any warrant numbers. I asked for anything they would give me. I walked away with only a handwritten case# XXXXX by an investigator.

Customer:

I know this is hard for you to understand, but Texas is a big place. These counties are too far away to walk to and I now have no resources to pay anyone to take me.

Customer:

I have never seen anyone hitch-hiking in Texas, so that may also be illegal.

SmithEsq : Just saw your other question-the new states will only arrest you if the offending state comes to get you or says they will extradite. (assuming they have a legitimate criminal claim)
Customer:

I found this for another county >> http://www.jp.hctx.net/checks/info.htm

Customer:

This person wrote checks for cash and signed my name. The checks only have a woman's name on them. Doesn't the merchant have an obligation to not take checks that it should have been obvious were forged?

Customer:

I never wrote a check outside the counties I lived and worked in. Even then I presented two forms of I.D. - so how did he write checks on my account?

Customer:

It is my understanding that other states WILL arrest you, and can hold you up to 90 days waiting for the state that issued the warrant to decide whether to come get you. THAT is arrested.

Customer:

What will they do if they put you in jail and you don't eat the food? Can they forcibly feed you?

Customer:

Can they inject you with vaccinations?

SmithEsq : Im not ignorant about Texas, I'm just telling you how it's supposed to work. Even if u think it won't work you have to try because you have to show them you are 100% doing everything right and they are getting away with nothing. So you ask verbally and in writing for what you want.
Customer:

I can minimize the odds of ever being asked for ID somewhere, but I can not absolutely ensure that no one will ever come on a place where I find manual labor. If I am asked for ID and try to escape arrest will they shoot me?

Customer:

A homeless person with no car, no phone and no address has no way to receive replies.

Customer:

How I made my living was based on my reputation. No reputation = no income. I can hopefully find manual labor somewhere, but farm work does not pay enough to hire attorneys. Often you only get room and board.

SmithEsq : Your arguments are ripe for trial, and exemplify the purpose of pleading not guilty.
Customer:

And if they ask if I've been arrested I probably can't even get manual labor. I detest liars and I am no good at lying.

Customer:

I am obviously not being clear. I will not allow them to take me alive. I will not sit here like a sitting duck waiting for either them to drag me out of bed in the middle of the night or him to come murder me. I'll have to take my chances as a fugitive if there is nothing a pro bono attorney can do for me.

SmithEsq : That is why you have a cause of action in civil court against your ex who did this for fraud, lost wages, etc
Customer:

I fail to comprehend how that can be of benefit to a corpse or someone locked in a cage.

Customer:

I feel like Bonnie Parker - and I didn't even rob the bank. Is there nothing that can be done?

SmithEsq : Ok hang on a sec-I didn't say there's nothing a probono atty can do-if you can find one (think domestic violence angle and charities) they will help you win the cases. They can't undo what this person did, unfortunately so you still have to deal with it which is not just and why I brought up lawsuits you can bring against your ex for causing all of this and any financial damages!
SmithEsq : Do those solutions make sense now?
SmithEsq : I'm running out of battery and will hav to finish when I get home-I apologize
Customer:

I have no financial means to keep a roof over my head here. I can not risk being arrested by appearing in court. That ends badly for a huge percentage of people. The jailers think everyone is guilty. They couldn't understand that I had never been arrested for anything because I have never done anything illegal. Our jails and prisons are full of innocent people being used in medical experiments. Even when it is obvious they are innocent, we still execute some of them - and honestly I'd rather they shoot me than get arrested. Maybe the people who tried to keep TXXXXX XXXXX alive can help me. http://www.cnn.com/2011/09/22/world/davis-world-reaction http://www.theguardian.com/world/2011/sep/21/troy-davis-10-reasons http://abcnews.go.com/US/troy-davis-executed-stay-denied-supreme-court/story?id=14571862 But they couldn't help him - and he was clearly innocent, too.

SmithEsq : Lets resume this conversation this evening, when I'm home, ok?
Customer:

I need to know if I ever do get found whether another state will arrest me. Are these types of warrants in the NCIC database or only the TCIC database? If I get arrested can I be forcibly fed or immunized?

Customer:

I need these details to be able to know what to do.

Customer:

I will wait for further answers. Thank you.

Customer:

Yes I'm still here.

SmithEsq :

you there?

SmithEsq :

I can't see our previous dialogue, unfortunately

SmithEsq :

but I'm live here at your service

SmithEsq :

Please tell me how I can further assist you

Customer:

I need to know if I ever do get found whether another state will arrest me. Are these types of warrants in the NCIC database or only the TCIC database? If I get arrested can I be forcibly fed or immunized?






I need these details to be able to know what to do.



SmithEsq :

If you are found in another state and there is an open warrant for you this is what will happen. THe state you are in will hold you pending the warrant state's decision whether or not they want to come and get you (extradite) you. There are no guarantees in the law, unfortunately, and this is an example of that. The TCIC database "provides immediate access, 24 hours a day, 7 days a week, to law enforcement agencies throughout the state, to data regarding the stolen status of property and the wanted, missing, sex offender, or protective order status of persons. TCIC also provides a direct link to the NCIC so that law enforcement officers throughout Texas know instantly whether a vehicle, a boat, or other property under investigation is stolen, or a person in question is wanted anywhere in the country."

Customer:

The question is are TCIC data available to other states or only NCIC?

Customer:

Apparently not all types of warrants are entered in the NCIC. ALL warrants are visible within Texas; however, lesser warrants might not be in NCIC and might only be accessible to Texas law enforcement and not other states.

SmithEsq :

It's unlikely, however, if your warrant appears in the TCIC and that subsequently appears to NCIC then other agencies could see the warrant via the NCIC

Customer:

The question is will failure to appear on this type of charge appear in NCIC?

SmithEsq :

For petty crimes, you're probably right, they may not be listed there.

SmithEsq :

The official statutory charge that you are facing under the penal law is which?

SmithEsq :

I know the vague charge but I want to know what statute you are being charged under to help me determine this.

SmithEsq :

BTW-I haven't ignored your hunger strike question or immunization-I'm researching it

SmithEsq :

DO you know the statute?

SmithEsq :

While I wait for that I can tell you that it appears prisoners have the right to refuse food.

SmithEsq :

Can you tell me about the charges? Check forging? I'm just going by what you have said. IF you are specific I can help more.

Customer:

I have repeatedly asked for details - any kind of details. I asked the booking people. I asked the judge. I asked when they released me. I asked the investigator I filed a report with and I called the counties and asked them. They won't tell me anything at all. All I know is it is forged checks for some amount - I can't even find out how much or to whom they were written.

Customer:

Shouldn't they have to tell me what they issued a warrant for?

Customer:

I tried again calling the count that arrested and released me and one of the other counties that issued the warrant. Neither will tell me anything. Isn't there some way to find out if there is a live warrant? I can't sleep; I can't eat; I'm afraid to stay here.

Customer:

I found a site the state of Texas put up that provides a toll free number to find out your status. Unfortunately for me, the counties involved do not participate in that program.

Customer:

Do you think it would help for me to open another question and try to get someone in Texas who knows what the process is here? It is not healthy to live in a constant state of fight or flight. I can't go on with no sleep. I did finally manage to sleep an hour at a time by sleeping sitting up fully dressed, but every noise or dog barking anywhere jolts me awake. I must find out whether there are active warrants and how long it will be before the court dates are set or warrants reissued (if they aren't still active).

Customer:

I asked specifically at both the arresting county and one of the counties that put out a warrant for the statute. The only thing they tell me is I have to come in person with ID to find out. I have no vehicle and no current ID. These counties are far away and there is no public transportation here so that is simply not possible - not that I would volunteer to be caged up again. Apparently they do not have to tell you what you are charged with, nor give you any details, nor any paperwork at all.

SmithEsq : I'm going to opt out so you can see if you can find an expert from Texas so you don't have to ask a new question
SmithEsq : Sound good?
SmithEsq, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 114
Experience: Experienced practicing criminal lawyer ready to answer your questions regarding charges, laws, bail and more.
SmithEsq and 9 other Criminal Law Specialists are ready to help you
Expert:  Wendy-Mod replied 1 year ago.
Hello,

I’m Wendy, and I’m moderator for this Legal topic. It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I was checking to see if you had already found your answer or if you still needing assistance from another one of the professionals?

Please let me know if you wish to continue waiting or if you would like for us to close your question.

Also remember that JustAnswer has a multitude of categories to help you with all your needs from Health, Pets, Computers, Taxes, Cars, Finance, to Home Improvement, and more.

Thank you,
Wendy
Customer: replied 1 year ago.

Hi Wendy,


 


I don't want to hurt the person who was helping me - he tried really hard to get answers to my questions. I didn't mean to make him opt out. Since I have a free trial period should I rate him so he gets whatever he deserves and then ask again? Would I have to pay again? Is there a way for him to get credit if someone else tries to answer?


 


My situation is very complicated and I have been totally unable to get any state agency to provide even the most basic information about the process. My thought was an attorney actually in Texas should know. I haven't slept more than a few troubled hours since this nightmare began. Now it is a 3 day weekend and no one answers. I can't eat; I can't sleep and I would leave here if there weren't animals that had to be cared for that compel me to stay.

Expert:  Wendy-Mod replied 1 year ago.
Hello,

Thank you for your reply. To better serve you, I will forward your questions to Customer Service where a representative will contact you via email.

Sometimes, finding the right professional can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.

Best,
Wendy
Customer: replied 1 year ago.

Thank you, XXXXX XXXXX I rate the other attorney or not rate him until I am done. I am down to my last $2 and have lost the means to make money, so I don't have the luxury of just paying again. All I can think is to find a farm labor job and those sometimes only offer room and board. I may not have Internet access and the phone I have been using belongs to the animal rescue so I will leave it behind.

Customer: replied 1 year ago.

I received a return call from an attorney with Griffith & Associates from EllisCountyCriminalDefense.com who was able to answer my questions. I would like to share what I learned and save some other victim the days of agony and phone calls all over the state by sharing what I learned.

 

NOTE: This information is based on research I have done and IS NOT all from that attorney. You must contact the very best criminal attorney you can find to have any chance of not having your legal nightmares get even worse.

 

When the Judge said he would PR the warrants, the person involved is on bond (whether you have to pay anything or not). That DOES stop the existing warrants involved (although another could pop up at any time). You will probably have about 30 days where at least those warrants won't get you arrested to do whatever you decide to do.

 

The arresting county sends paperwork to the counties that put out the warrants. They will file it - often very quickly. That paperwork will eventually (in 30-120 days) put your case on the docket (whatever that is) which means you must show up in court. If you're lucky maybe you'll get notified, but you may not. The arresting county said you must call the other counties every week and ask if you're on that week's docket (but if they don't give you the right answer and you don't show you another warrant will be issued for your arrest).

 

Hiring the best attorney in the county can help you resolve the issues if you're wealthy, BUT the bad news is they can NOT appear in your place. You must appear at least once and risk being jailed even if you can afford the $5000 retainer and whatever the resulting additional charges would be.

 

Once you get the existing warrants taken care of and the cases resolved you can spend even more money and possibly have your record expunged. Unfortunately, your photo, name and location are already plastered all over the Internet so your reputation is ruined.

 

Once something goes online it can never be completely removed. There are archives of most sites. Be wary of companies that charge you to get your mugshots removed. I personally know of someone how keeps paying and as soon as one is removed another site puts it up and they have to pay again. I have not found any evidence that anyone has successfully removed at least all live photos, but that doesn't mean no one has.

 

If you are the totally innocent victim of identity theft and the amounts aren't too high, the warrants are misdemeanors. HOPEFULLY (at this time) they will appear in the TCIS system (available to all Texas based law enforcement), but they (at this time) will PROBABLY not appear in the Federal / National NCIS where any law enforcement in any state can find them. Again unfortunately, if you got fingerprinted you are probably entered into NCIS. The photo they took can also be used to identify you should you walk by any camera capable of facial recognition anywhere in the world. (Wear really big sunglasses.)

 

That you are innocent of any wrongdoing is of no concern to the legal system. You have now been arrested. For the rest of your life you must answer yes on any legal forms (applying for a job, or an occupational license, or to rent property, and probably to buy property) UNLESS you pay to have your record expunged. Then you MAY be able to legally answer no - but if they see your photo online you are not going to get the job/rental/property.

 

If you do not wish to risk being arrested by appearing in court, attorneys can not help you. You may be able to avoid arrest for misdemeanor identity theft / forged checks perpetrated against you by going to another state. Your best chance would be to live somewhere very remote doing whatever you can to keep a roof over your head and eat.

 

Do NOT have anything in your own name including utilities, bank accounts, credit cards. Do NOT have a vehicle in your own name.

 

Do NOT try to renew your driver's license as you can be arrested on the spot for any warrants. (Although misdemeanors are not typically uploaded to the NCIS database, SOME may be - and that could change.)

 

If you are ever asked for ID you may have major problems. You could try your birth certificate. (If you're female and haven't used your maiden name in decades maybe they won't connect that to the name you used to have a driver's license in.)

 

Remember always that you are a fugitive from justice. Do all you can to avoid being asked your name or for ID. You must be willing to forgo all the things many think are essential from medical care to banking to travel.

 

Any time you leave the remote property you find to live on you put your freedom in danger. There are cameras all over now and some have facial recognition. You can be stopped, asked for ID and searched for walking, or simply standing on your own property. Avoid all contact with law enforcement of all kinds and ideally with anyone else.

 

When you relocate DO NOT carry a cell phone, GPS, or use a computer that has a video camera on it. Get rid of them before you move. Never use a loyalty card or debit card. Learn to do informal barter for everything you need. Never contact anyone who knows you and especially do not contact any family or friends connected to you in your phone records or on social media.

 

If you want to buy anything, get an LLC in New Mexico where only the trustee's identity is required. If you want to protect any income from the LLC, use two - one for your income and one for holding property and spending money. Do not do anything to connect the two. For details on how to do all that, find J.J. Luna's books at Amazon.com.


Best to all the innocent victims of the system that makes us all guilty with no way to prove our innocence. If you hire the best attorneys to go to court to try to clear your name, I pray that you stay free. May God Bless.

 

 

Customer: replied 1 year ago.

A few more tips. Before you move, notify family and friends and tell them something or they may report you missing - and those go nationwide. Don't compound your issues by having yourself reported missing. What you should tell them I cannot suggest. If you are an honest person, it is the lying you will have to do for the rest of your life that will be the hardest part. Do not use your given name. Practice calling yourself something else. That can be really difficult. If you work online, create two pseudonyms in two different niches and start building your influence (so that if you get outed on one you can use the other) . If you write well, you can get work as a ghost writer whose name never appears on what they get paid to write. If you don't, you may be able to get work managing social media accounts - but remember you must never, ever post anything personal or refer to anything that will get your identity exposed. Best of luck.


 


 

Expert:  SmithEsq replied 1 year ago.
Thank you for your rating-if you continue to have questions just tap my name (Smithesq, or polodecaf) and enter any follow up question.,sound good?
Customer: replied 1 year ago.

One other thing. You can not ever confide your status to ANYONE because if they know they are guilty of "moral turpitude" if they assist you in any way. See http://en.wikipedia.org/wiki/Moral_turpitude - I'm not sure what they are legally supposed to do, but do not let your problems become anyone else's legal problems.


 


 


Best of luck to anyone caught in circumstances not of their own making. Thank you, SmithEsq for all your assistance.


 


 

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