irishlady57
New Member
Last year my daughter was living with a girl from out of state. It didnt work out so they decided to go seperate ways. She went to a motel while waiting for her mother to come get her.(She is 23 my daughter is 30). The mother came and she got the police involved saying her daughter didnt get all her belongings. I was called down to the apt by the chief of police who is also a friend of ours. My daughter allowed the girl to walk the apt and get her things.(She already packed up alot of her belongings and took them to the motel with her) The girl gave the chief a list and told him that it wasnt that long anymore as she already had most of her stuff and was taking more why we were there.Some big ticket items she told the chief my daughter could keep including an old car they bought that was in both there names. Well the next day the mother had the girl take out warrents for my daughter and I for theft of property over 10,000,because she said she didnt get all her belongings. Now i was not even involved in any of this and had not been to that apt in 2 months. The chief of police knew i wasnt involved nor did my daughter steal anything. The circuit judge was notified and he told the circuit court clerk that it was a civil matter not to take out warrents. But the clerk still did.(he was voted out of office last year )We went to court 4 times,the first time the chief even spoke up and told the judge (who also knows my husband and I ),that I wasnt involved in anyway.This mother,a woman I never met,just wanted to start trouble. Well after 4 times in court (they kept giving her the chance to come to court)and the girl was a no show,the judge dismissed the case.My public defender said I may have a malicious prosecution case and my 4th amendments right may have been violated. . But the story continues because yesterday my daughter was arrested for the same offense because the state took the case before a grand jury. She was indicted ,I was not.They didnt have evidence now that I was ever there even though we were suppose to have committed the theft together. (Yes she will have an attorney.)There are so many mistakes made in this case from the start ,starting with mistakes on the warrents themselves.I was just wondering about anyone elses oppinion.I have tried to contact attorneys for my part but alot of them do not handle malicious prosecution cases. I am also wondering what your opinion is regarding my daughters being recharged for the same crime that we both were charged with in the beginning. Oh I forgot to mention that in the beginning the mother said they had a witness two doors down from the apt. Someone else I didnt know and my daughter nor the girl did either. But he supposedly saw my daughter and I removing the girls things from the apt.How he knew what was hers is a puzzle since they didnt know him and he had never been in the apt. Anyway one week before the first trial date he moved away and no one has seen him since. So they no longer have there so called witness anymore either.This was and now still is a mess..I would just like to hear your opinion..Thank You
