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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3152
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have been accused of felony grand theft of my elderly

Customer Question

I have been accused of felony grand theft of my elderly mother who is a highly functional paranoid schizophrenic. My older sister has forced my mother to file fabricated charges that I stole over 250K from her. There is a whole history of my doing just the opposite for my mother, taking care of her and helping her through breast cancer, chemo, etc yet because my sister holds the strings on the attorney for my mother (she chose the attorney) she has been able to get a police officer to file a complaint w/o speaking to me, the officer being told I was a fugitive even though my sister called my google voice number 4 days before charges were filed. I only found out about the charges after the fact when I was pulled over for a rolling stop in Washington State, where I live with my great auntie. The warrant is non-extradictable in this state. We are reviewing attorneys to hire for me and we plan to fly down to handle this in the next 2 weeks. What I would like to know is---is there anything I can do to get my sister in trouble for fabricating the charges? Defamation of character or slander?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

There is a wide variety of things you can do, but the exact plan depends on how things "play out" and on what she purports to be the basis for her claims. You also have to consider that she may attempt to pass the blame to your mother at some point since she is the one who would actually have had to request that the police pursue you.

As you mention, defamation/slander/libel are all possible. In addition, there are specific cause of action for Intentional/Negligent Infliction of Emotional Distress (which can be called by some other names as well) and potentially for some form of harassment. Those are the civil causes of action that are readily apparent from the fact although it is quite possible that others may develop later. When choosing your attorney try and find one that does civil litigation as well as criminal defense so that they will know how to use both cases (civil and criminal) to set things up in the other case.

There could also, potentially, be criminal charges against her. This is really, really fact intensive but there could be some type of elderly abuse if she forced your mother into this although it would be hard to prove. There is also the potential for a charge of filing a false report.

PLease ask any follow up questions in this thread.