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Hammer O'Justice
Hammer O'Justice, Attorney
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Experience:  Almost 12 years of legal experience
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I have to give you a little back ground first. I have been

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I have to give you a little back ground first. I have been married to my husband for almost 10 years now. His ex wife filed for bankruptcy when we first got married and some of her creditors tried to get my husband to pay for her bills. She has sent bills here at our home(address) trying to get us to pay for things. So we don't want her name associated with our address because of this. She also changed her last name back to her maiden name about 4 or 5 years ago. She has harassed us in the past by calling, posting things on facebook, and tried to get me put in jail because I mailed her a photo of my daughter to her house for my step daughter(My husband's and Her child together) who lived with her at the time. She told the county attorney that I was upsetting her by sending those photos there and it was harassment by mail. The county attorney called me and just told me to never mail her anything else again and he told me he just thought that she wanted to cause trouble for me and he didn't believe that she was upset at all by it. So, I have never mailed anything else to her since. About 3 months ago, someone told me that she had it out for me again, something that happens about once a year and she tries to start trouble for me by just doing stupid things! She is crazy!
So knowing that... back in January I opened a letter that was from my gastroenterologist , but when I opened it, I noticed that it was for her, I noticed that it said Tammy Walker, 180 Hayden Cox Lane, Burnside KY ,42519. Well, first of all, her name is XXXXX XXXXX Walker and it hasn't been for years and she hasn't lived at this address for about 12 years. So I thought this is just something that she has done to get under my skin by sending this letter here. The letter was a welcome to our practice letter, so I knew that they didn't pull up her past information. I didn't even think at the time to put the letter back in the mail and put on it "return to sender". I just tossed it aside. That night when my husband got home, I told him about it and He was very angry, because He didn't want to get her name associated with our address anymore. The next day, I called the Doctor and ask them if they would remove my address from her medical information, the girl on the phone said "well I can't do that because she didn't make the appointment, she was referred to us by another doctor" and gave me his name, I didn't ask her for it, she just gave it to me, she told me that she had to keep the address on there until the referring doctor called and corrected it. So, I called the referring doctor the next day. When I called I told the girl that I wanted our address taken off one of their patients medical file. The girl told me to hold on, I think she went to get on another phone, she then came back and ask me for the address and the patient, I told her it was Tammy Walker or Wilburn's file, I wasn't for sure of the last name, she them ask me what my birth date was.. I paused because I didn't understand why she was asking me that, I thought well she must of misunderstood me and thought that I was Tammy. So right when I was getting ready to say something, I heard her hand the phone to someone, well that someone was Tammy(She worked for that doctor)and she said "Hello" I hung up on her because I was confessed and didn't want confrontation with her. If she work for that doctor them why would they have her last name and address wrong? I then knew, that she was up to something, I just didn't know what. The next day, I called back and ask to speak to the office manager, she got on the phone and I told her my concern and told her that I wasn't trying to cause trouble, I just wanted our address off her medical file. The lady was very nice to me, she apologized for it and she told me that they had her last name as being Wilbern not Walker and that our address wasn't on her file either, I didn't ask her for this information, she just gave it to me, she also told me that they didn't referred her to that doctor either! She said that she didn't know what was going on but, she would get to the bottom of it. Days later, a friend of mine who is a Criminal attorney called me and said that someone called him and gave him the heads up that there was a warrant out for my arrest! I said 'What on earth for" He then told me that it was for identity theft of Tammy's identity! I was like "what the heck?" How could they do this and wasn't it her in fact that stolid our address and my our last name? He then said that I needed to come to his office the next morning and bring him his fee if I wanted him to represent me and my bail money! My husband and I was up all night trying to get money from one account to another. The next day we went to the sheriff's office with my attorney to get the warrant and to post my bail. When I read the warrant, She said that I called her place of employment and her family doctor, being the same and acted like I was her to obtain information out of her Medical file. She somehow got two girls that she worked with to make false statements against me including the office manager that was so friendly to me and apologized to me for what had happen! Also, the detective that issued the warrant was one of the girls that Tammy worked with and made the false statement. How is that fair? How can she do this? I have to go for my armament next week. I will plead not guilty, of course! They called my attorney and ask if I would take a plea bargain to a misdemeanor? I said "There is no way I am doing that!" that was my attorney's advice as well! I have tried to call my attorney several times and he is always out of the office and his secretary doesn't know anything? I just want to know, how this is legal and how can she do this? Have I not been violated and harassed by this, because I feel I have? If she can do this to me, then why can't I get her for harassment by giving our address and using our last name? I mean isn't that identity theft as well? Please help me, I do not know what to do? I am sorry this is so long! Please tell me what I can do or not do? Thank you !

First of all, what she did is not identity theft. You have to use someone's existing identity in order to violate the statute, so using a last name and address that was hers but is no longer is not identity theft, because she is not pretending to be a different person that exists. As for the harassment issue, it would be difficult to prove just by her using the last name and address. In order to qualify as harassment, the state has to prove that she "Engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose." It is unlikely that just using the name and address quite rises to the level of harassment. If she is making a lot of purposeless phone calls, however, that might qualify. You need to start keeping a log of her actions...calls, texts, emails, etc...that serve no purpose other than to bother, and then you can provide that information to the police. Printouts of phone records and the like will also help. The name/address thing on its own will be a hard sell, particularly because it will look like you are reaching to retaliate for the charges against you.

As for your pending case, you may want to write down as much information as you remember about your conversations with these people and who exactly you spoke with. If any of the people you spoke with do not support her version of events, then your lawyer will want to summons them to come to court and testify for the defense. Memorializing your conversations for your lawyer will allow him to more effectively question prosecution witnesses about their prior statements. Once they realize they have to testify under oath they may also back off of doing her bidding as well. Also, retaining the copy of the letter where she used the wrong name and address will support your version of the events.

If you happen to have the case resolved in your favor (either through a not guilty verdict or a dismissal), you can consult your lawyer about pursuing a lawsuit against her for malicious prosecution/abuse of process for instigating charges without cause. But you cannot pursue such an action unless and until the case is resolved in your favor.
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