It just goes in circles or it's about studies done on the falsely accused. I have a criminal lawyer but he is not defending me. Please help. Need something or someone to listen. It has been 2 yrs of sheer hell!!
That happened to me once. My mother with dementia wanted to be back in her hometown but to do so she would need to go in a nursing home. She agreed but ended up calling me over 70x a day & everyone in the phone book. I think she called the SRS on me because they don’t allow residents to walk around with money so she complained about not knowing where her checkbook & things were. That can be a tricky situation if you’re in a position of being accused of elderly fraud! I never thought to hire anyone but gathered all information I could to back myself up & was ready for the appointment with the dept of social services. It would’ve escalated into court probably but she said I was one of the good ones & it went well. You really have to make sure to manage their finances correctly because things like that can happen anytime from anyone.
1st thing that I would do is file a complaint with the BAR Association against this attorney for not doing what they have been paid for.
Then go interview other attorneys. Do a timeline and show them the proof that you are innocent and ask if they will actually defend you and your rights or what?
You will have to leave your emotions at home and deal with this as calmly and rationally as you have ever dealt with anything in your life.
Because this has impeded your ability to earn a living, you need to ask about suing whenever has disregarded the facts and is continuing to persecute you for false claims. Many attorney's will consider these cases and accept a percentage of your settlement if they believe, based on actual provable facts, that you have a good case.
Best of luck getting this dealt with and behind you so you can get back to work.
I would suggest getting a real attorney. Public pretenders don’t do crap for you!! It may cost extra money but it’s worth it.I got in trouble for accepting stolen property a few years back which I wasn’t part of . My brother and ex husband had some deal going. My brother stole some car stereos and my ex was going to sell them. My bro got busted and told the police we had the stereos. No my ex had them but he moved them in my car. I was almost charged with a felony cause my brother was a minor. I hired an attorney and my ex got a public pretender. My attorney got me a good deal and my ex only got the same cuz of my attorney doing all the work. My son just got screwed cuz his pd didn’t do a thing for him and he sat in jail for like 6 months when he was supposed to be there for 2 and then go into rehab. He sat for 6 and then went to rehab for another 6. They should’ve subtracted some of the jail time off
What were you charged with? Need more information about your question. Guess I should’ve read a little more. I see more information if I scroll down LOL
They lawyer is trying to get you to take a plea because it is easier for the public defender to not have to go to court. They will tell you to take the plea because you will only have 8 months in jail or whatever, whereas if you go to trial you could be convicted by a jury and end with 10 years in jail. Now more and more people are pleading guilty to things they didn't do. Stacy personally knows of a caregiver accused to taking jewelry who did plead guilty and served jail time when later the jewelry was found If you truly have a good case and documentation as you say you do I would insist on a jury trial. They cannot make you plead guilty. Tell them you will see them before a jury of your peers.
Tiken, the reality is public defenders are overworked, get worse deals and lose over 80% of the time. You either need to find a way to pay for your own lawyer or take the plea. The criminal justice system is not fair for those who cannot afford representation. If you are innocent, do what you can, to pay for representation.
I'm unclear on the meaning of this: "Have founded case through dia for abuse..."
Notwithstanding that the court appointed attorney is not interested in protecting your best interests, you still must do so. Contact the Clerk for the Judge handling the case and ask how you can get a different court-appointed attorney.
Frankly, I doubt that a prison sentence would apply, unless the offense is extremely eggregious. More than likely you'd be banned from posts in caregiving, but it's hard to guess since we really don't know all the details.
Still, you have to stand up for yourself. And court appointed attorneys can be changed.
Sorry, but if its been found that the accusations are false, why would u plead out? You definitely would not be able to work again. Yes, you need to get a different lawyer.
I am a caregiver in varying degrees over the past 30 years. I live in iowa. I have been accused of financial exploitation. Even though depositions and evidence show this is false and all $ is accounted for. Have founded case through dia for abuse and can not work. Lawyer is not defending me - court appointed. Continues to tell me I have to take a plea or end up in prison... need advice on how to proceed.
We’ve told you how to proceed- GET A DIFFERENT LAWYER. If you are unhappy with your current lawyer, get a new lawyer! That’s the only way to proceed if you are not going to follow your current lawyers advice.
What have you been falsely accused of and charged with? The tangible help for being falsely accused and charged with a crime is normally called evidence proving otherwise or an alibi who can be a witness to your whereabouts on or around the time the crime you're being accused of was committed. If the lawyer you are paying is not communicating well enough with you and explaining what's going on with your situation, then you might want to get a different lawyer. The police cannot just walk into your house or anyone else's without a warrant to do so. Also, if you are a potential suspect in a crime, a witness, or even a person of interest never speak to the police without a lawyer present. The police are coming to your house every night for a year and you gave them money and they arranged a court date for you? Come on. Where the hell do you live where the cops walk in your house daily any time they want, no warrant and you have to pay them to get a court date? I know these days the current social climate dictates that cops can get away with whatever they want, but not every night with the same person for a whole year. If what you're saying is the truth, and I'm sorry to say it does not sound believable or credible, then I'm going to suggest you contact the ACLU or your state's Commission on Human Rights and Opportunities. These organizations have networks of top criminal and civil rights lawyers who work through them and many times it is no cost to the person being represented. If you decide to go in this direction, make sure you are a hundred percent truthful. Make sure you're a hundred percent innocent too.
Let's see, an accusation is made and you hire an attorney $7500 for retainer. Your lawyer tells you not to talk to the police without him present. You tell the cop that. Then, they harass you 7 days on, 7 days off for about a year by showing up to your house after 5 pm because they do not want to talk to you with a lawyer. They just walk in your house while your napping or follow you around outside. After a year, they show up on a Sunday night, after the Walking Dead, say they have a warrant and need $400 for a road bond, cash. You give them money and get a court date in front of a magistrate/judge. Your lawyer pleads and you get released with same or higher bail with rules like no alcohol, etc, as if you are already convicted. So, then you get a peliminary/probable cause hearing. You take time off work to go, that mostly consists of you showing up maybe 5 different times, the prosecutor offers a deal, you reject it, then the hearing is postponed, over and over. By then, you pay the lawyer another $5k. You get the hearing and a month or so later in before Covid times, you are told if there is cause or not. But before that, your attorney says it will cost another $10k if you go to trial. Then charges were dismissed for lack of cause but all of it is out there in the paper and such.
Tiken, I thought perhaps this question is a follow-on of other threads you've started before, which could have provided information on your situation. But I found none, so apparently this is your first post.
Unfortunately, insufficient information for anyone to even guess what the situation is hasn't been provided. I honestly don't understand how the Internet relates, unless you've gone to forums in which practicing criminal law attorneys respond. Even then, that's not to say that their advice isn't on point for your situation.
Here's what you need to provide in order to get responsive answers:
1. Details of the alleged accusations: actions or inactions, time period, parties involved, charging entities (police, sheriff, APS, etc.), and your position on the charges.
2. Type of criminal lawyer: court appointed, misdemeanor caseload or felony caseload; number of cases with similar charges, and results (plea bargained, tried, etc.) as well as years of practice in criminal law.
3. How you found/located this particular attorney, conditions under which he/s she took the case, actions taken, fees charge (especially if you paid a retainer).
4. Court level: district court, circuit court, or even appellate court if the case has gone that far.
5. First offense, or subsequent offense?
I'm not trying to be nosy, pry, or put you on the spot. But w/o details, no one can really any suggestions, and there aren't that many people here with criminal experience.
If you are accused of something to do with elder abuse then your question is appropriate here, or if you are an elder accused of wrong doing you didn't do. The thing is, if you have a criminal lawyer that is no help I am certain we could help no other way than to give our sympathy. You might consider another lawyer. Sorry for your predicament.
We are a forum of Caregivers sharing our experiences. Is the accusation concerning caring for someone? We really need more info to point you in the right direction.
I'm sorry for your distressing situation. Please be careful about any "legal" advice you get on this anonymous, crowd-sourced forum as your case is based on the laws of your state and we can't possibly know all the critical details that may help or hinder you. Are you using a public defender? If you have privately hired an attorney, they usually only take cases they feel they can win. I would switch lawyers if you don't feel he is working on your behalf.
We're always happy to listen, and I hope you'll find us a constructive audience. But as for tangible help: you don't say where you are, what the accusations were about, or what criminal charges you're having to defend yourself against - what can we possibly suggest?
Then go interview other attorneys. Do a timeline and show them the proof that you are innocent and ask if they will actually defend you and your rights or what?
You will have to leave your emotions at home and deal with this as calmly and rationally as you have ever dealt with anything in your life.
Because this has impeded your ability to earn a living, you need to ask about suing whenever has disregarded the facts and is continuing to persecute you for false claims. Many attorney's will consider these cases and accept a percentage of your settlement if they believe, based on actual provable facts, that you have a good case.
Best of luck getting this dealt with and behind you so you can get back to work.
People plead who are not guilty all the time because they cannot afford good representation.
"Even though depositions and evidence show this is false and all $ is accounted for."
So why hasn't the case been dropped?
If you truly have a good case and documentation as you say you do I would insist on a jury trial. They cannot make you plead guilty. Tell them you will see them before a jury of your peers.
Notwithstanding that the court appointed attorney is not interested in protecting your best interests, you still must do so. Contact the Clerk for the Judge handling the case and ask how you can get a different court-appointed attorney.
Frankly, I doubt that a prison sentence would apply, unless the offense is extremely eggregious. More than likely you'd be banned from posts in caregiving, but it's hard to guess since we really don't know all the details.
Still, you have to stand up for yourself. And court appointed attorneys can be changed.
The tangible help for being falsely accused and charged with a crime is normally called evidence proving otherwise or an alibi who can be a witness to your whereabouts on or around the time the crime you're being accused of was committed.
If the lawyer you are paying is not communicating well enough with you and explaining what's going on with your situation, then you might want to get a different lawyer.
The police cannot just walk into your house or anyone else's without a warrant to do so. Also, if you are a potential suspect in a crime, a witness, or even a person of interest never speak to the police without a lawyer present.
The police are coming to your house every night for a year and you gave them money and they arranged a court date for you?
Come on. Where the hell do you live where the cops walk in your house daily any time they want, no warrant and you have to pay them to get a court date? I know these days the current social climate dictates that cops can get away with whatever they want, but not every night with the same person for a whole year.
If what you're saying is the truth, and I'm sorry to say it does not sound believable or credible, then I'm going to suggest you contact the ACLU or your state's Commission on Human Rights and Opportunities. These organizations have networks of top criminal and civil rights lawyers who work through them and many times it is no cost to the person being represented.
If you decide to go in this direction, make sure you are a hundred percent truthful. Make sure you're a hundred percent innocent too.
Let's see, an accusation is made and you hire an attorney $7500 for retainer. Your lawyer tells you not to talk to the police without him present. You tell the cop that. Then, they harass you 7 days on, 7 days off for about a year by showing up to your house after 5 pm because they do not want to talk to you with a lawyer. They just walk in your house while your napping or follow you around outside. After a year, they show up on a Sunday night, after the Walking Dead, say they have a warrant and need $400 for a road bond, cash. You give them money and get a court date in front of a magistrate/judge. Your lawyer pleads and you get released with same or higher bail with rules like no alcohol, etc, as if you are already convicted. So, then you get a peliminary/probable cause hearing. You take time off work to go, that mostly consists of you showing up maybe 5 different times, the prosecutor offers a deal, you reject it, then the hearing is postponed, over and over. By then, you pay the lawyer another $5k. You get the hearing and a month or so later in before Covid times, you are told if there is cause or not. But before that, your attorney says it will cost another $10k if you go to trial. Then charges were dismissed for lack of cause but all of it is out there in the paper and such.
So, what would you like to know?
Unfortunately, insufficient information for anyone to even guess what the situation is hasn't been provided. I honestly don't understand how the Internet relates, unless you've gone to forums in which practicing criminal law attorneys respond. Even then, that's not to say that their advice isn't on point for your situation.
Here's what you need to provide in order to get responsive answers:
1. Details of the alleged accusations: actions or inactions, time period, parties involved, charging entities (police, sheriff, APS, etc.), and your position on the charges.
2. Type of criminal lawyer: court appointed, misdemeanor caseload or felony caseload; number of cases with similar charges, and results (plea bargained, tried, etc.) as well as years of practice in criminal law.
3. How you found/located this particular attorney, conditions under which he/s she took the case, actions taken, fees charge (especially if you paid a retainer).
4. Court level: district court, circuit court, or even appellate court if the case has gone that far.
5. First offense, or subsequent offense?
I'm not trying to be nosy, pry, or put you on the spot. But w/o details, no one can really any suggestions, and there aren't that many people here with criminal experience.
I should begin at the beginning. What happened?