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Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 23582
Experience:  18 years of litigation experience.
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I have pending a criminal civil domestic violence case, He

Customer Question

HI,I have pending a criminal civil domestic violence case, He has gone to the police and has stated that I commited fraud of one check of 95.00 dollars, whiche has lied bout he hasstated that I comitted this fraud in the location where he is supposed to be living ,, which I have never been to that address I don't know where it even is and then he writes another address for his home as well that I have never be to iether and states he has been living there for one whole year, this is my ex-boyfriend we lived together for one year in his home that is located in another address, he has lived there for over five years, I went to the police station to take them evidence of his lies and prove he is lying about those address to law official and then he goes on to state that have lived in an address that my brother owned four years ago and sold, then on the identity theft he states that I lived in this home as well which is impossible and then he states that he lives in the address where I committed the identity theft he states that I lived once again in a home and he states I am the owner which I have had no association with that home once again as I mentioned earlier my brother owned the home four years ago and sold it. he states this also to financial intuition where we applied in the home we shared for a year. he has submitted fraud papers along with false statements on affidavits., How can I possible commit any ridiculous act when I din't know how I would I go about, if I lived in one address ,he lived in both but I choose where to go to find out his information ? and he also states to the police and finance company that the credit was opened while he was in prison which a total lie he was arrested on 1/25/2016 and released 2/6/2016 we opened the credit which by the way is only to be used for medical purpose ,for dental, vet, and plastic surgery, we applied for the credit on 01/6/2016 and 01/13/2016, and he took me to the dentist on 1/19/2016, he on house arrest with GPS monitor only allowed for work,he has two counts of felony and one misdemeanor. I have the assistant state attorney he has a private attorney, I want to know what charges can I file on him for all the false accusations he is creating towards me. I a;so want the Judge"s to know I want to make sure my name is ***** ***** the police report and they see he has no morals or scruples ,well what is to be expected after what he did to me , he is lying to the authorities, my assistant state attorney is overwhelmed with cases I need to know what o to stop him and have the law acknowledge that he has false accusations and lied to them, What do I do?? What policy can I file towards him to stop him and how can inform the Judges?
Submitted: 8 months ago.
Category: Family Law
Expert:  Zoey, JD replied 8 months ago.

Hello,

Are you the defendant or the complainant on the criminal case. If the defendant, what are you being charged with? In what US state is this happening?

Customer: replied 8 months ago.
I am the Victim , but it seems that I have to be defending myself, I am in Miami, Florida.
Customer: replied 8 months ago.
He is being charged battery with a deadly weapon, I forgot the two others in total is two charges of felony and one misdemeanor.
Expert:  Zoey, JD replied 8 months ago.

Thank you for your reply.

If you are the victim and your ex is being prosecuted, you have the ear of the prosecutor. That is, the prosecutor cannot win his or her case without your cooperation. That means you can contact the prosecutor, sit down and give him or her all of the information about what he's doing.

If the police have not arrested you for the allegations he's making, they don't find him credible. So there's nothing to be worried about on that account. But if you were charged for any of this, you have concrete evidence that could probably get the charges dismissed.

Or am I misunderstanding things? Have the police arrested you for what he's told them? Has anyone charged you with a crime?

Customer: replied 8 months ago.
No the charges are so stupid but the financial institution which only finances Dental, plastic surgery and vet is not a credit card thinks I committed Identity deft, and closed the account with out allowing me to prove that he is lying I have the prove we applied because in one of the abuse incident he pushed me and several of my teeth brook he has pushed me several times including one time he sent me to the emergency room and now I have a spinal injury. I spoke to the assistant State attorney today and she dismissed saying it was not necessary. well I think on the contrary the Judges need to know , the authorities need to know and his attorney, all the false allegation he is making. Can I write a police report against false allegations, and defamation of character ?? And how do I inform the Judges if the attorney is not willing to once she ids dismissing everything as if not important. There has to be charges I can file with the police report ? I will try writing to my attorney and letting her know I am extremely disturbed by her dismissal of this situation but if she ignores which I know she will what can I do ??
Customer: replied 8 months ago.
I have concrete evidence, that I can get the charges dropped that is not what I am concerned that is extremely easy to do, is that he has to be Stopped. I cannot let him continue of this pass of defamation of my persona, He has abused me physically and mentally enough , I need to end this I am not getting much help from the authorities. I need people to see how low will he continue going. He laughs in the face of the Law, this thing , is not human he is dangerous and evil and as you can see fears nothing.
Expert:  Zoey, JD replied 8 months ago.

Thanks for clarifying.

In most states, defamation of character is only a civil offense. But in Florida, it can also be prosecuted.

You can tell the police that your husband has defamed your character by deliberately spreading lies about you, and that as a result you would like to get charges pressed. If the police are not interested in taking the matter forward, it's likely because they see it more as a civil matter rather than a criminal matter.

You can then go to the prosecutor and try to get the prosecutor to press additional charges against him. A prosecutor has the complete discretion to decide for himself what cases he wants to go forward with and what he doesn't. Nobody, not even the President of the United States can make a prosecutor go forward with a charge when he doesn't wish to. If the prosecutor won't do charge him with the new crime, there is nobody to whom you can appeal.

That doesn't mean you can't get justice. And it doesn't mean he won't have to pay for his actions. It would only mean that you couldn't clear your name through the criminal justice system. You would have to sue him for defamation of character in civil court. You could do it yourself in small claims court if you wanted to save the legal fees.