Other Criminal Charges & Offenses Falsely Accused of Identity Theft

[tnidentitytheft]

Hello,

In Oct of 2013 my best friend and co worker at the time needed to borrow money, I didn't have the money to loan her and she insisted her husband couldn't know about it. She ask me if she could take a small online loan $200.00 and have it deposited into my account, we were best friends so I didn't think much about it and said yes. She used her name, her personal info, only my mailing address and bank account. She even used her cell number and her direct number where the company called to confirm information. It became an issue of her paying me the bi weekly fees that were being deducted from my account and I told her if it wasn't paid I would have to close my account then she would have to deal with it. In Feb of 2014 the loan company called her phone and her husband answered, she panicked told him she knew nothing about it and that I must have done this without her consent. He insisted I pay it back, I refused because I didn't benefit from the money and I had actually paid some of the payments because she wasn't giving me the money for them. I didn't hear anything until May 2014 when I was arrested for identity theft and forgery. It's still unresolved and I have yet another court date coming up. Her husband is a police officer and the detective handling the case is one of his friends. I have text messages to and from where we talked about it prior to the arrest and emails from where I was telling her that I was closing my account so it's obvious to me that she knew about it, not something I did without her consent. The loan company has only been able to provide confirmation that the phone numbers on the loan from day one were both her cell and work number and those were confirmed. My lawyer offered the detective for me to just pay the loan to make the situation go away but they said no. This has cost me so much money over a $200.00 loan that I did not obtain without her permission. The loan company told her husband the only way she wasn't responsible for the loan is to press charges on the person she says was so that's what has happened. I can't understand why it's gotten to this point or what they even want at this point. I am losing sleep and money over trying to prove I didn't do this... I am really at a loss.

 

[army judge]

By agreeing to this odd arrangement you appear to have sealed your fate. The idea was ridiculous and preposterous from its inception. I see no way out for you other than a jury trial and both of you telling your stories. On a good day, with a compassionate jury, you might just pull off a win.

 

[Disabled Vet]

I would say.... print all the text messages off your phone in case it breaks. Better yet... make a video of these text messages and put it on a cd as well. If... If you have the proof as you state.. If... If the facts are as you state. I would fight this tooth and nail.

If you win.... Can you sue her for damages? Lawyer fee's? Anyone?

 

[army judge]

I would say.... print all the text messages off your phone in case it breaks. Better yet... make a video of these text messages and put it on a cd as well. If... If you have the proof as you state.. If... If the facts are as you state. I would fight this tooth and nail.

If you win.... Can you sue her for damages? Lawyer fee's? Anyone?

The criminal matter would need to be addressed before any civil action would proceed. The criminal case appears solid.

The unspoken issue here is why didn't our OP simply lend her $200?
Those payday loans are oppressive in their payback amounts.
The police and the prosecutor took a long look at this one before acting.

 

[tnidentitytheft]

Oh I agree, I know it shouldn't have happened in the first place.

 

[tnidentitytheft]

Yes, I have printed off all the text messages but the detective says that it's possible for someone to change the contact name in a phone to anything to look like you are texting someone else. Which isn't the case, only a fool would offer evidence that's been tampered with. Contacted AT&T to see if we could get records that show the actual content of the messages to back mine up but they don't keep the content on file that long. I do have the records showing phone number, date and time so hopefully that will help some. I can sue her but only after this matter is handled first. I have also been told that the state can pursue charges on her for filing a false report if they want to after this has been settled.

 

[tnidentitytheft]

The police actually didn't have anything at the time except her word and a demand letter from the loan company asking her for payment. That's one reason why it's taken so long and 3 court dates because of all the documentation I have provided, the DA ask the detective to go back and review some of it with her and see what she has to say about it. She has strong ties to this particular detective with her husband being a police officer and his friend. I have more than enough to at least shed some doubt to her story. I don't know what else I can do at this point. I offered to take a lie detector test but those don't hold up much anymore.

 

[tnidentitytheft]

Also, I didn't have the money at the time I had just started the job otherwise I would have just loaned it to her.

 

[army judge]

The police actually didn't have anything at the time except her word and a demand letter from the loan company asking her for payment. That's one reason why it's taken so long and 3 court dates because of all the documentation I have provided, the DA ask the detective to go back and review some of it with her and see what she has to say about it. She has strong ties to this particular detective with her husband being a police officer and his friend. I have more than enough to at least shed some doubt to her story. I don't know what else I can do at this point. I offered to take a lie detector test but those don't hold up much anymore.

A lie detector test would help buttress your story.
Talk to your lawyer about arranging one.
The fact that you volunteered to take one could be very helpful for you.

Did the other person lose money at a MS casino?
Did she steal from her employer?
What was behind her needing a loan?
Why so quickly?
If you can prove that she lost money at a casino, used it for drugs, or some other unsavory purpose, it might help get you off the hook.

 

[tnidentitytheft]

A lie detector test would help buttress your story.
Talk to your lawyer about arranging one.
The fact that you volunteered to take one could be very helpful for you.

Thank you very much, I am speaking with him again later today and will again offer this. I know I would have to pay for it but at this point if it will help clear the issue up I will do it! I refuse to take a hit for something I didn't actually do. I know that sometimes people just take a lower charge because they don't have the money to fight it out and just want it to be over with. While I don't have the money to really fight it much more either, I can't afford not to because this is not something I want to have on my record!

 

[army judge]

Thank you very much, I am speaking with him again later today and will again offer this. I know I would have to pay for it but at this point if it will help clear the issue up I will do it! I refuse to take a hit for something I didn't actually do. I know that sometimes people just take a lower charge because they don't have the money to fight it out and just want it to be over with. While I don't have the money to really fight it much more either, I can't afford not to because this is not something I want to have on my record!

You can pay for one, sometimes a state agency (in your case the TBI will do it), or the sheriff's department at no cost.
The police agency investigating might also offer to do it.
Let your lawyer guide you.

 

[tnidentitytheft]

A lie detector test would help buttress your story.
Talk to your lawyer about arranging one.
The fact that you volunteered to take one could be very helpful for you.

Did the other person lose money at a MS casino?
Did she steal from her employer?
What was behind her needing a loan?
Why so quickly?
If you can prove that she lost money at a casino, used it for drugs, or some other unsavory purpose, it might help get you off the hook.

She said she was supposed to have paid her electric bill and that her husband's paycheck was short, needed the money quick to take care of it. Said she had spent extra money and didn't want her husband to get angry about it because they were supposed to discuss any spending over $50 with each other before hand. I honestly don't know if I was even told the truth at this point. I did find out she was having an affair so it could have been to fund an outing, I just don't know. I have never dealt with anything like this, I just have a hard time understanding that it's gone this far especially over $200.00. I know identity theft is very serious, it also shouldn't be used as a way to get out of paying a bill and covering it up from a spouse.

 

[tnidentitytheft]

You can pay for one, sometimes a state agency (in your case the TBI will do it), or the sheriff's department at no cost.
The police agency investigating might also offer to do it.
Let your lawyer guide you.

Thanks for the advice, I will speak to him about this. I have nothing to hide so I have no issue taking one if they will allow the results.

 

[army judge]

Thanks for the advice, I will speak to him about this. I have nothing to hide so I have no issue taking one if they will allow the results.

Discussing this with you, I believe you. I'm very skeptical. I've practiced criminal aw for years, served as judge for almost 20 years.

You'd make a good witness. The clincher for me, is if you dd this, why just $200? Your story rings of truth. Once you peel back her skin, it's easy to see her lies. She lied to her husband, lied to you, was even cheating in her marriage. Then she lied about you to save herself. Hang in there, and keep us updated.

I can't tell you what to do, but if I were faced with this situation, I'd make sure I demanded a jury trial. I'd also never take a deal.

When I was acquitted, I'd sue the liar for malicious prosecution.

 

[tnidentitytheft]

Discussing this with you, I believe you. I'm very skeptical. I've practiced criminal aw for years, served as judge for almost 20 years.

You'd make a good witness. The clincher for me, is if you dd this, why just $200? Your story rings of truth. Once you peel back her skin, it's easy to see her lies. She lied to her husband, lied to you, was even cheating in her marriage. Then she lied about you to save herself. Hang in there, and keep us updated.

I can't tell you what to do, but if I were faced with this situation, I'd make sure I demanded a jury trial. I'd also never take a deal.

When I was acquitted, I'd sue the liar for malicious prosecution.

Thank you SO very much!! I have read so many horror stories about people accepting deals even if they weren't guilty. If I were stupid enough to steal someone's identity I sure wouldn't bother getting $200.00, that part just makes all this so much harder to understand. Her husband has not been fond of me after finding out I knew of her affair and didn't inform him of it, I didn't want to be in the middle of it told him if he thought there was something to be concerned about then he should check into it. I also have proof of her affair, she actually had couples pictures made with the other guy and emailed them to me for safekeeping!! Could that be something I could use to attest to her background of lying? I could understand this much more if I were accused of something more than $200.00. I did offer to just pay it as long as it wasn't an admission of guilt, at this point I have already spent way more than the cost of the loan. They wouldn't accept that though, so I still don't know what they want from me I am not being told much at all. I am willing to do what it takes to clear myself of this, I only hope she has to answer legally for her false accusations!

 

[tnidentitytheft]

Discussing this with you, I believe you. I'm very skeptical. I've practiced criminal aw for years, served as judge for almost 20 years.

You'd make a good witness. The clincher for me, is if you dd this, why just $200? Your story rings of truth. Once you peel back her skin, it's easy to see her lies. She lied to her husband, lied to you, was even cheating in her marriage. Then she lied about you to save herself. Hang in there, and keep us updated.

I can't tell you what to do, but if I were faced with this situation, I'd make sure I demanded a jury trial. I'd also never take a deal.

When I was acquitted, I'd sue the liar for malicious prosecution.

I will also post any updates! Thank you again.

 

[mightymoose]

If all is truly as you say I would take it to a jury. There seems to be plenty of room for reasonable doubt. This does not seem to be an airtight case against you.... However you do not necessarily know what information they have that they are using against you.
What stage has this reached in court?

 

[tnidentitytheft]

If all is truly as you say I would take it to a jury. There seems to be plenty of room for reasonable doubt. This does not seem to be an airtight case against you.... However you do not necessarily know what information they have that they are using against you.
What stage has this reached in court?

I went for a hearing in October, the information was presented to the detective and DA of the emails and texts that I provided. The DA ask the detective if he had spoken to her about any of this and he said no so he was instructed to do so. Another date was set in November but I never had to go, the detective called and said she couldn't attend that day so it was reset to tomorrow 1/29. As far as we know all they have are the loan documents that were completed online and her statement.

 

[mightymoose]

This is an unfortunate situation, but it sounds like you are not in the deep end yet. The emails you provided at the last court hearing were apparently new information to the DA at that time that was not considered when the charges were initially filed.
What you have is quite possibly enough doubt to get the DA to drop the matter. You will find out soon enough the results of the follow up interview about the texts and emails.

Do you know what email headers are? If not, find out. They are just as important as the text of the message. If it isn't too late, print and save the emails with the headers showing.

 

[tnidentitytheft]

This is an unfortunate situation, but it sounds like you are not in the deep end yet. The emails you provided at the last court hearing were apparently new information to the DA at that time that was not considered when the charges were initially filed.
What you have is quite possibly enough doubt to get the DA to drop the matter. You will find out soon enough the results of the follow up interview about the texts and emails.

Do you know what email headers are? If not, find out. They are just as important as the text of the message. If it isn't too late, print and save the emails with the headers showing.

Yes, I did print each email to provide to the DA and detective and actually found another one today. I forwarded each of them to the lawyer so he has them as well. I feel like I am not getting very much information from the lawyer but then again there really isn't much information other than what I have been providing. What I found today was an email that I had sent to her saying that I had gotten a call from the loan company, even listed the person's name that called me. They were only calling me because she listed me as a reference (just keeps getting better) and they had been trying to contact her with no luck. She responded saying she would call me when she could. So I sent that along with a page from my phone bill that listed the number date and time, then later in the day her phone number where she called me back. I even went to Google put in the phone number, the company name came up so I provided that Google search as well. How she can say she knew nothing about this just baffles me!

What happens if she still sticks to the story she knew nothing about it? I really don't see how she possibly could but her husband is also a police officer and I am pretty sure she would know that she could get in trouble herself for filing a false report.