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Question

I was picked up by the police about 6 months ago for text message harrassment after arguing with my gf over the phone. She claimed the police came because she was getting upset at her work. She claimed the made her sign an affidavite that while i was in jail for 24 hours built a case against me with the DA. The day I got out she swore it was a complete mistake and that her parents were involved ETC ETC she did not want to sign the affidavit, long story short the DA pressed charges i went ahead and with a lawyer pleaded guilty just to get it over with and got a class C misdimenor(reduced to) after I got out she contacted me i told her I could not speak to her since there were several protective restraining orders, she claimed that she made sure they all got lifted, also said sshe spoke with the DA to try to get the case dropped and could not. After i pleaded guilty paid my fines etc she was so convincing that it was a complete freak accident that i started talking to her again. more.

Submitted: 410 days and 19 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Optional Information

houston, Texas

Already Tried:
anyways, to make a long story short, when i got arrested they picked me up at my job for text msg harrassment. I showed the police officer my phone said, arguement with my gf, he proceeded to say well lets go talk to her. I said you are here for no good reason I just will cease talking to her, its over as far as im concerned. He proceeded to insist i come, i said well im not going to be under arrest or anything I assume since im just cooperating. He insisted i would not be, insisted i wear cuffs even though I thought extremey inappriate, made me goto her job sat me in the back seat for over an hour in the hot houston heat while i was in a suite. Never asked me anything, arrested me because she was "crying" of course because I was in hand cuffs and her co workers apparently cohersed her to give my place of business addrss because she was "distrssed at work over the text conversation" The convesrsation was me angry after her not speaking to me in 4 days for no reason and wanted just a semblence of an explaination. She did not give any warning claimed the cop was because an off duty police officer called the police in went through her phone, apparently because shes attractive he played hero, did not care to hear anything from me. I goto jail (((the real case part here))) I have been out of jail for atleast I think 6 months. She somehow stupified me into thinking or maybe she did , calling the DA trying to get the case dismissed, then claimed after I plead guilty got the class C, or D whatever the minimum is cant remember made up all kinds of insane untrue stories on an affidavite claiming they took her out of context(this was very hard to here or let go I argued it for weeks). She swayed me back to her side saying she would help pay all expenses I had incurred including lawyer and fees, swearing her undying love etc etc. (i know im an idiot for all this). Anyways here we are. I want nothing to do with her. I have not been WITH her on a relationship basis, just physic

Posted by Prosecutor 410 days and 18 hours ago.

Info Request

Hello.

 

Could you please tell me what your question is so I can best assist you? Thanks.

410 days and 18 hours ago.

Reply

sorry, my question is. She claimed the temporary restraining orders were taken away as of time passing ( a 3 month and 6 month), she had another that was for two years that neither of us went to court about, she said she made sure it was lifted( i would not speak to her other than an anon email) now that I Want her out of my life completely she claims she can have me thrown in jail for violating some sort of order, which she claimed were lifted. I even let her work for me to work off debt, even wrote her several thousand in checks to help her living expenses while she worked off her debt.
WHAT SHOULD I DO BASICALLY , besides stop talking to her. Do I have any legal ramification like perjury, obstruction of justice, due to her making these claims, texting it was a mistake, they are lifted etc etc. Can I SUE her for anything, how do i make sure I do not get arrested over this and what do I do to make sure if she tries anything justice prevails over her for doing this to me and wasting tax payers money on total crap.(excuses me but i cant believe this)

410 days and 18 hours ago.

Reply

if you could please give me a thourugh response i will accept it, i have had a few responses to difficult questions where the party could not really answer and we both thought were not clearly answered. so please only answer it if you know what can be done about her. and done in my favor.

Posted by Prosecutor 410 days and 18 hours ago.

Answer

I will certainly try.

 

You are right that you should cease all communications with her, first off.

 

You cannot have her charged with perjury or obstruction of justice for the statements she made to you. Perjury involves lies under oath and the lies that she told you were not made in a courtroom. Unfortunately, someone lying to you outside of court is not actionable under civil or criminal law, for the most part. With respect to the lies in the affidavit that started this whole mess, perjury and obstruction of justice charges can only be brought by the State, not by an individual party, because they are considered crimes against the government.

 

You can, however, try to sue her for malicious prosecution. You can also try to have criminal charges filed against her for making false statements to the police. I have to warn you, however, that because you pled guilty to the offense, it is going to be very, very difficult to establish that the charges she filed against you were false.

 

I understand that this answer will probably frustrate you, but unfortunately, in your situation your legal options are very, very limited because of the way your criminal case played out. You can certainly consult a local attorney to pursue a malicious prosecution civil claim or try to pursue criminal charges, but those are pretty much your only options at this point.

 

Sorry I couldn't give you better news.

410 days and 18 hours ago.

Reply

thats ok all i need is correct answer, as far as the malicious prosecution you said i can pursue what is the class and penalty because everything on the affidate was wrong and my attorney stated it was the SOLE reason for my proesection, made me look terrible although(she didnt even try to dispute any of the facts on the day of my plea(first and only day in court) and what made the states case so hard to beat. She could not sway the DA to drop it and even spoke with my attorney. I knew all along it was malicious AT THE TIME, with regret after.. but i really want to know how far i can take this, she has messed up my life alot UNJUSTLY and i feel she needs to answer to it.

Accepted Answer

The malicious prosecution I was referring to is a civil claim, not a criminal, so it doesn't have a class or penalty. It is a lawsuit to recover monetary damages when someone pursues a criminal case against someone that that person knows has no basis in truth. If she is found liable, she would have to repay you all the monetary damages you incurred as a result of dealing with this case.

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Expert: Prosecutor
Pos. Feedback: 100.0 %
Accepts: 
Answered: 10/9/2008

Attorney

5 years experience as an attorney.

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