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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 30168
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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I have a question regarding to a person filed a false report

Resolved Question:

I have a question regarding to a person filed a false report of a crime and then filed a criminal case against me and my friend. This case should not be a criminal case and this is not a theft scheme!! This case should be civil suit case. I have proof of the investment agreement signed and agreed by the plaintiff, a copy of the check from the plaintiff.

My friend was just a witness should be removed from this criminal case.

This is regarding to my friend in Maryland invested money in my business that she agreed upon and we signed a investment agreement. My english is not fluent and not good so I asked one of my friend to help me while I was driving from NY to Maryland. My friend sat by the passenger side while I was driving to tell me directions from the GPS navigator in my vehicle.

When I arrived to Maryland to meet with my friend at Maryland to receive a $50,000 investment to fund my business. The loan amount was $50,000 for my business (Export/Import for purchase and sale of Coal). In addition, when I arrived to Maryland, my friend met with me and suddenly told me that she need a witness and that her son was her witness, then she forced and appointed my friend (She was only there to help me with the driving directions) to be a witness on the loan agreement. She should of notified me in advance that she needs a witness from my side in order to obtain the funds from her for the investment.

Because my friend is only a witness of this investment agreement and therefore my friend should not be involved, should not receive a filed case on her name, or should have her name removed from this case she filed and this should not be a criminal case.

The investment term was to owe her back within 2 months and I contacted her via phone to request for an extension of owing back the funds for the investment. Due to the circumstances of my business, the coal sale and purchase contract was not finalized because the coal prices was flunctuating which caused the Seller and Buyer whom was negotiating for awhile to not agree and accept the quotation prices of the coal for purchase and sale contract. But I did pay her back a couple of thousand dollars to the very least the business failed as this was a investment not a loan.

As a result, the coal business was not a success and failed because the rates of the coal was variable and the Seller was not accepting the Buyer's purchase price request and the Buyer did not accept the Sellers quotation price of the coal. The business was not successful so I cannot give her profit interest for the funds she invested in my business.

Very importantly, this is not a theft scheme!! This case certainly does not belong to the criminal court. It should be filed and belongs with the civil court. My friend should be removed from this case and the changes should be made that this is a civil suit case.

Are there legal free aid in Maryland to assist me in my case and matter?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 5 years ago.

My name is XXXXX XXXXX I'd be happy to answer your questions today.

What has happened so far? Have the police contacted you about a criminal scheme? Have you gotten a notice to appear in court?
Customer: replied 5 years ago.
So far the police did not contact me of a criminal scheme. I and my friend received case number XXXXX court hearing date from the Maryland District Court of Howard County in my old address. This person has a arrest record in the past of filing a false report of a crime with other people as well.
Expert:  Lucy, Esq. replied 5 years ago.
Thank you.

What you've described is not criminal conduct. Chances are that the police will not pursue it. It is routine for police to tell people that what they're talking about is a civil matter, and to refer them to the civil court system to try to fix the problem. If the police do decide to do anything, you'll be notified, and you will, at that time, have a right to plead not guilty at a hearing and ask that a public defender be appointed to represent you at no cost. The public defender will then work with you to have the charges dismissed. If the charges are dropped, and you can show that this person knowingly and maliciously filed a false police report against you - that is also a crime, and you would have a right to report it.

You could certainly try to call the public defender's office, but they cannot help you in a civil case. Most likely, they'll tell you what I just said, which is that the judge will appoint one of them to help you if and when criminal charges are filed.

Good luck with everything.
Customer: replied 5 years ago.
Yes, it is not criminal conduct. This person signed a letter agreement that she wanted to invest in my coal business and I have the proof of this document and she even gave me a copy of the check. So it is not a theft/scheme case. These are serious allegations this person is filing against me and my friend.

If the police will not pursue it, then why is this case filed as a criminal case and why do I have a hearing date for this.

In the event, the police does decide to do anything, will they arrest me and my friend on site?

Will this person go to prison for filing a false report of a crime on me and am I able to sue her for the trauma, court costs and attorneys costs she caused me to spend on this matter?

How do I obtain more information that is written on my case. As for now, I know that this person filed a criminal case that states that the charge are: Theft/Scheme from 10K and less than 100K.

My friend is just a witness and she should be removed from this case. How do I remove her from the case?

Am I able to contact the public defender's office from Maryland Court for free legal aid and assist me with my case to dismiss this criminal case and correct it to civil case? If so, what is their website address?
Expert:  Lucy, Esq. replied 5 years ago.
When I initially asked, you didn't say that you had a criminal hearing on this. You just said that she filed a report and that she was suing you civilly. A person can force police to take a report, but can't force them to prosecute a case. Usually, the police do not prosecute this type of failed investment, but I don't know what she might of told them - if she's claiming that you committed fraud and that you scammed her, they can choose to proceed. I was only going off of the facts that you gave me.

If you have a criminal hearing, what will happen is, you'll go in, the judge will explain the charges, and you can plead not guilty. He'll appoint a public defender for you (at no charge), and it'll be set out for another hearing. Your lawyer will then request copies of any and all evidence against you, and he can try to get the case dismissed.

There isn't anything you can do to get your friend dismissed from the case - one criminal defendant doesn't have any power over whether another party is charged. What you can do is, after you talk to YOUR lawyer, see if he thinks that you should talk to her lawyer and offer to assist her and testify on her behalf. That may or may not benefit you, but it's something to discuss.

You can contact the Public Defender's Office in advance, but there will be someone at the hearing. Usually, they aren't able to help until someone is appointed to represent you. Each county has their own office, so I unfortunately don't know what the web address would be. You could try doing a search for something like "Maryland <County Name> Public Defender's Office"
Customer: replied 5 years ago.
If you read the top mentioned of my quesion, I indicated that his case should not be a criminal case and this is not a theft scheme!! This case should be civil suit case. I have proof of the investment agreement signed and agreed by the plaintiff, a copy of the check from the plaintiff. Which meant I already have a criminal case. If you read carefully you will know what I wrote because I sent the same information a free consultation laywer and he understood me that it was a crimibal case. It was probably a long story so you may have briefly read it and you thought it was a civil case but actually it is a criminal case. I think you got confused when I wrote this should not be a criminal case and it should be a civil case.
Expert:  Lucy, Esq. replied 5 years ago.
I apologize for misunderstanding the initial post. However, all of the information I provided about what happens in a criminal case holds true. There is unfortunately no way to require that a case be removed from criminal court to civil court - criminal court judges can't just transfer cases, and wouldn't do that at the request of the defendant. What you'll have to do is see if there is a way to get the criminal case dismissed, and your lawyer can help you do that. Again, you'll have the right to have a lawyer appointed at the initial hearing. He'll be able to determine whether there is any basis, based on the evidence, for having the case dismissed.
Customer: replied 5 years ago.
How do I obtain more information that is written on my case. As for now, I know that this person filed a criminal case that states that the charge are: Theft/Scheme from 10K and less than 100K.

My friend is just a witness and she should be removed from this case. How do I remove her from the case?

Can a NY attorney (Licensed to practice in NY and NJ) legally allowed to intake my case to assist me to dismiss this criminal case? Is he able to charge me a lot?

I received many solicit letters from criminal attorneys from Maryland and I contactd half of them and most tell me that they do not intake this tyoe of case and most of them do not offer payment plans even though they did state they do offer them.
Expert:  Lucy, Esq. replied 5 years ago.
1. After your arraignment, when your lawyer is appointed, you have the right to request copies of all evidence from the DA. Before the arraignment, you're not likely to get anything. Your lawyer can request it all for you, which will make everything easier.

2. As I said, you can't. You can offer to help her, but you shouldn't do anything until you talk to your lawyer about it. There is no right for a criminal defendant to get another criminal defendant excused from a case, and you could get into trouble if you try to talk to the DA on your own. I know this probably isn't what you want to hear, but you really have to wait. There's nothing yo can do on this right now.

3. You need a lawyer who is licensed in Maryland, unless he obtains permission from the court to represent you. That usually means that he has to work under the supervision of a Maryland attorney, which means you have to pay two lawyers. That's going to be expensive. The two of you are allowed to negotiate any fee you are willing to pay. What the law says is that a lawyer may not charge an "excessive" fee which is different in every case, and is based on the work performed and the lawyer's education, training, and experience. It could be expensive, yes.

4. I'm sorry that this happened. If you qualify for a public defender, they cannot turn you down because they don't accept a specific type of case. But, unfortunately, a lawyer is free to decide which cases he would like to accept and which he would not, so it does happen sometimes that people have trouble finding someone to represent them. A lawyer is not required to accept payments - it is actually pretty common for criminal attorneys to require that a fee be paid in full up front.
Customer: replied 5 years ago.
Do you know what is the estimate cost of hiring a criminal attorney to intake my case?

If I hire an attorney now, is the attorney able to obtain copies of all evidence from the DA now?

On the hearing date, is my lawyer or myself able to request for adjournment date?

On the arraignment, if we plead not guilty, is my friend and myself going to be arrested that same day?

This person also had her son as witness of the investment agreement and my friend as a witness but she did not file criminal charges to her son who is one of the witness, which is what the other NY criminal lawyer said.

How could that person just file a false report of a crime to us? Then anyone could setup and frame anyone like this situation and get away with it? Where's the justice in all this?

What is the definition of theft/scheme, is it related to what the person is claiming fraud and scam? Or is it irrelavent to that?

I asked this NY criminal attorney and he said that he can represent me and my friend in court and have a free legal aid lawyer assist with him in my case in court? He said he would charge a retainer fee of $5000. Do you think this is legit and legal to do? In your opinion, is it in my best interests to hire an Maryland criminal attorney?

This person has been doing this to other innocent people before, she tried to trick me where she told me if I pay her back the money now, she will drop and dismiss the criminal case now. You can't just drop a criminal case you filed, otherwise is it mean that she admits that she filed a false report of a crime?

How many years to jail will she go to prison if she is convicted of false reporting of a crime?
Expert:  Lucy, Esq. replied 5 years ago.
1. The price varies drastically, so there's unfortunately no way for me to give you an estimate. The best way to find out is to call around.

2. Probably not. He could request it, but the DA often isn't even assigned to the case until the day of the arraignment. That means that, if he filed a request now, he'd probably just get a response asking for more time - and they get 30 days anyway. If the hearing is less than 30 days away, there's no way to guarantee you would get the evidence before then, and no right to insist upon it.

3. If you are unrepresented, you can request another court date. if you have a lawyer, he'll speak for you.

4. It depends. If the judge asks for bail, and you're not able to post bail, yes, you could go to jail until you are able to come up with it. Usually, you can hire a bail bondsman for 10% of the cost - someone will be nearby, and your lawyer can help with that.

5. I'm sorry, but I can't answer these, because there are philosophical questions. How can someone be a jerk? I don't know. The short answer is that life is unfair, and bad things sometimes happen to good people. As far as justice - the proceedings themselves are about getting justice. Justice will be served when the charges are dismissed. That's why you get hearings instead of just getting thrown in jail.

6. Theft is the unlawful taking and carrying away of the personal property of another with the intent to permanently deprive him of the property. The intent to deprive must exist at the time of the taking. Fraud if when you get them to give you the money by lying, and it's also part of theft. Scam is just another word for fraud.

7. A lawyer who is not licensed in Maryland cannot represent you in Maryland court without getting special permission from the bar association. You seem to be worried about cost, and that's going to cost you a lot more money. The only reason to do that is if you have an attorney that already knows you, and the case, and that you have a pre-existing relationship with them. Otherwise, you're just paying double for two unknown lawyers.

8. A victim of a crime cannot just "drop" the charges. Once the case is handed over to the police, it's up to them (and the DA) to decide whether to proceed. She can say that she doesn't want you to go to jail, but they don't have to listen to her.

9. False reporting of a crime is a misdemeanor. Most people do not go to jail - it's usually just a fine.
Customer: replied 5 years ago.
In my notice, it states that I am hereby summoned to appear as defendant on date and time and the location of the trial is enclosed, is this hearing date an arraignment day?

What happens if me and my friend does not have sufficient time to find a Maryland laywer and we do not show up in the hearing date in Maryland court?

On #4, if the judge did not get any proof of evidence from my side, how can the judge just put me and my friend in jail without looking at th evidence on my side? Is there a possibility that I will not go to jail after the hearing is over that day?

On #7, if the NY attorney obtains a free legal aid then it is not double costs?

On #9, False reporting, she does not go to prison, then at least at the completion of this case, am I able to file lawsuit against her for trauma, harassing me 50 times day calling me, attorney fees, and court fees?
Expert:  Lucy, Esq. replied 5 years ago.
1. I am very, very confused. Does the Summons say, "Trial"? If so, that's the trial. That would mean that you've already been to court and entered a plead of not guilty, which you didn't mention. I don't understand, and I'm not able to look at the document for you. If you have already been to court on this, then you probably need to talk to the Public defender's office as soon as possible about getting representation.

2. The judge will enter judgment against you, find you guilty in your absence, and issue a warrant for your arrest. Not showing up is a very, very bad idea.

4. Bail allows a person to be released pending trial. If bail is set, and the person cannot pay it, the law allows him to be jailed to ensure his presence at trial.

7. A NY attorney cannot get free legal aid in Maryland. Legal aid is for people who can't afford an attorney. If you can afford a NY attorney, you can afford a MD one. Legal aid wouldn't sponsor an out of state attorney in this way (and they have to agree to it). You need a lawyer who is licensed in Maryland.

9. Yes. It's called "malicious prosecution".
Lucy, Esq. and 2 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
1. I have attached a sample of what the court mailed to me which is a summon, is this the trial that I never got to plead not guilty?

2. I think this NY attorney is trying to rip me off and misleading me because what the NY attorney told me was don't worry you do not have to travel from Ny to maryland and I will represent you in court and talk for you and get a free legal aid to assist you on the hearing date of this case. My friend already signed a retainer fee agreement of $5000 and my friend issued a check to the NY attorney.

3. Is there a way to fire this NY attorney and hire a Maryland attorney? Or when I hire a Maryland attorney, does the Maryland attorney handle the steps and process of firing the NY attorney on ny behalf?

4. If I hire a Maryland attorney, is the Maryland attorney able to obtain all the copies of the evidence within 3 days from the DA in the case?

5. She wrote the wrong name on my friends summons notice from the court, does that mean automatically that person lost that case against my friend?

6. This person thinks and assumes my friend (witness) is my wife but she is not and her friends think that also but they all are wrong in assuming this. If she tries to use this in court against me, will this be a fraud charge against me or does it have no effect on this case because it is not irrevalent to this case?

7. This person filed criminal charges to the witness who is my friend in this case, but I noticed she did not file criminal charges to her son (who was also one of the witness) of the investment agreement she signed. Is this justice and fair of what she did?

8. When the completion of this case, do I have the Maryland attorney file a malicious prosecution for harassing, trauma, attorney fees, and court courts at civil court or at criminal court against this person?

Attachment: 2012-06-03_003013_sampledocumentc.pdf

Expert:  Lucy, Esq. replied 5 years ago.
I apologize. We have gotten well, well beyond the scope of the original question, which was simply about how to get free legal aid. The rules of the site require that, for tracking purposes, I ask you to open a new question. I really probably should have done so some time ago, because these questions aren't considered follow-ups. I'm happy to help, if you can open a new question. If you put my name on it, that will ensure that I see it and avoid having to repeat your entire story fr someone else.
Customer: replied 5 years ago.
Thank you very much for your assistance. I really appreciate your help and I apologize for going beyond the scope. I will open a new question with your name.