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I am trying to get closure after my life was ruined. I was…

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I am trying to...

I am trying to get closure after my life was ruined. I was living in the same house as my brother ( I thought it was in a trust in both our names) I had the master bedroom for two years. I found out about 6 months in the $64000 I had paid toward the 12 acres and home did not get put in trust but in brothers name. So one day when my dad was there I was discussing the issue with my brother when he jumpde up threw me to floor, started hitting and kicking me and repeatedly screaming "I'm going to F...ing kill you". I managed to break free get to my room with him in pursuit. I grabbed my Gun and said "don't come in it's chambered, you know it's chambered". He stopped short but kept saying he was going to kill me so I dialed 911. After thirteen minutes sheriffs arrived and dad said could he and Bruce wait outside. I said yes. Well instead of coming in to talk to the victim the sheriff's stopped to talk with them. During this time I hung up with 911 and put my gun on my bed and went to the kitchen. Finally the deputies came in and told me I was under arrest for assault with a deadly weapon, two counts. I have photos of bruises as large as seven inches in diameter and my brother and dad had zero bruises. The prosecutor tried for a year and 10 days to make me take a plea for 10 year probation. My court appointed attorney spent less than one hour with me the whole year and I ended up dropping out of my MBA program, spiraling into a deep depression, and my credit score dropped from 740 to 460. Finally the charges were dropped. Is there anything that can be done. I feel so helpless.

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

Texas Arrest was October 1, 2015 - charges dropped Oct. 10, 2016

Lawyer's Assistant: Have you talked to a lawyer yet?

I've called a few but they all seem disinterested. Seems like everyone just wants an easy case.

Submitted: 4 months ago.Category: Legal
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Answered in 10 minutes by:
12/2/2017
Lawyer: Barrister, Attorney replied 4 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,136
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You could sue father and brother for "malicious prosecution" if the charges were eventually dropped for lack of evidence to proceed. If they intentionally lied to law enforcement to get you charged and then when the truth came out, everything was dropped, you can seek damages from father and brother.

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However, this isn't the type of case that an attorney is going to take on a contingency fee basis because the outcome is too uncertain and would likely require several thousand dollars up front as a retainer to get started..

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These are a couple sites that we attorneys actually use if we need local counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:

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www.martindale.com

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www.lawyers.com

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They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.

.

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thanks

Barrister

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Customer reply replied 4 months ago
To anyone with eyes to see and an IQ over 80 it should have been obvious that I was the victim. I don't want to drag this to court with family. I want to know why trained law enforcement and jail nurse and prosecutor would not be liable. They are the ones in a position of public trust and they didn't behave in a professional manner. Are there no ways to hold them accountable to the duties of their offices?
Customer reply replied 4 months ago
I had my life savings stolen. I don't want to pay extra for a call. I would just like a follow up question or two. Thanks
Lawyer: Barrister, Attorney replied 4 months ago

I want to know why trained law enforcement and jail nurse and prosecutor would not be liable.

.

If they were acting on the information provided to them by what they determined to be two credible witnesses, then they were simply performing their jobs. If your father and brother lied and claimed you pulled a gun on them and they jumped you and beat you up to protect themselves, that would easily explain the bruises and support their side of things..

.

The people who show up after an altercation have to make a judgment call about whose side they find more credible based on what they encounter. Often they are right, sometimes they get it wrong. But that is what the civil courts are for... so that someone who has been wronged like you can hold the parties responsible financially..

.

.

thanks

Barrister

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Customer reply replied 4 months ago
I don't believe if you or twelve people on a jury thought that through that any of you would believe it. If so why were they outside? Why was I inside with my gun on my bed while waiting in the kitchen for help?
Customer reply replied 4 months ago
In addition why was I calling 911?
Lawyer: Barrister, Attorney replied 4 months ago

I have seen a lot of strange things in 17 years practicing law and during my time as a Public Defender for the state. I have seen both sides completely fabricate a story that the police, sheriff, jury and judge bought..

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Not having been there, I can't opine on why you did what you did or they did what they did.

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Customer reply replied 4 months ago
I will have to rate you later because right now I am not sure I would be rating you fairly. Your answers don't appear to be well thought out, but maybe it's not you but rather our screwed up legal system. Maybe one last hope. If I sued dad and brother and won would I be able to collect any damages from the million dollar umbrella policy my brother has because otherwise it couldn't be worth my time and sanity.
Lawyer: Barrister, Attorney replied 4 months ago

No worries, I will opt out and open the question to other experts who may be able to assist better with your closure..

.

.

Have a great evening!

Barrister

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Lawyer: David C. Garner, Attorney replied 4 months ago
David C. Garner
David C. Garner, Attorney
Category: Legal
Satisfied Customers: 1,054
Experience: JD with Distinction, Admitted to practice in California
Verified

Hello,

I will try and help. You probably will not like what I have to say, but I want to help you feel better.

First of all, your life has not been ruined. You escaped without a conviction which is more valuable than any amount of money you lost. It may not feel like it, but it is. Money can be replaced.

As far as the police and prosecutors, they are doing their jobs. The police do their best to evaluate what they find, write a report, make an arrest if they feel it is warranted, and send the whole thing to the prosecutors. The prosecutors read the reports, examine the evidence and try to find more if they can, and try to resolve the case in a way that comports with fairness, justice and the law. In the end, some cases simply cannot be proved beyond a reasonable doubt after everything is evaluated, and they are dropped. It does not mean that they don't have suspicions, its just the evidence is not there.

In the end, sometimes people lie. Some people jam the system to the detriment of others and some situations simply cannot be made perfect again. While a civil lawsuit (assuming you win) might provide monetary relief, the truth is that you will probably be angry about what happened for the rest of your life. It sounds like a profound betrayal of you by your family.

I wish I had a magical answer that would help. I don't. I do hope however that time heals your wounds.

Best of luck to you.

DCG

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