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victim_of_vindictiveness · Jun 20, 2007, 02:25 PM

Upon returning home from and internship in the UK, I was told by US customs officers at JFK that there is a warrant out for my arrest in the state of NC. I was detained for about 2 hours, though they ultimately let me go because the fingerprinting computer kept freezing(!)

I just found out that a former landlord there has filed a complaint with the police charging me with the theft of furniture from the apartment that I leased from her in 2002. The supposed value of which is enough to make it a felony of larceny. The items listed on the charges (bed, box spring oak table and chairs) were never even in the apartment. I had my own furniture brought in and she had moved some things to an outbuilding on the property.

I did owe her about $1200 (3 months) rent when I vacated her place and moved away to go back to school in March of 2002. She did not file the charge until sometime in May 2002. I can only guess that she waited because my then-boyfriend at the time promised her some money once we got on our feet again.

I have a very rough time financially since 2002. I took a leave of absence from my job in October 2001 to make college applications, and a state
hiring freeze prevented me from going back when I had completed them. Just after my health insurance ran out, I was in a car accident. The medical bills drained my savings and forced me to cash in my modest IRA to make ends meet. When the insurance company totaled my car, the ex-boyfriend that promised her the money convinced me to buy a new one for us with the insurance money and then balked on helping me with the car loan that was in my name. Now I am facing a judgment with the financiers for $11,000.

I know that it is wrong not to face up to your debts, but as I have been in school full time for the last 4.5 years I have not had any means to pay anything back to anyone. The point is that to the best of my recollection this woman had my social security number on my rental application and could have gone through proper channels to get this debt on my credit and/or get a judgment against me. Instead she chose to make up false charges against me. I am faced with a much larger debt from my ex-boyfriend yet I did not make up false charges that he stole the car just to get revenge.

The attorney that I contacted in NC to find out what this warrant was about wants $3000 on retainer to get this dismissed and I may have to travel to NC from NY one or more times. Having just finished school and still looking for work, I don't have any income or savings, let alone enough for a retainer. A few job offers seem to be in the works, but how do I explain to a prospective employer that I may have to take time off to clear up a felony charge?

How can I get this resolved with out getting further into debt?
Can I charge her for falsely reporting a crime?
What is the penalty for falsely reporting a felony (i.e. fabricating the charges) in NC?
Can I sue her for legal/travel fees incurred if the case is dismissed?

pergammano · Jun 20, 2007, 02:37 PM

I could be totally wrong, but in B.C. where I live, the landlord/lady would have to produce pictures (of theft items) in rental suite & invoices, plus a Police Report noting that she/he had notified the Police of theft of said items when you moved out.

excon · Jun 20, 2007, 02:53 PM

Hello victim:

You're going to need an attorney to handle this for you. Ultimately, if you can PROVE she filed false charges against you, you can recover ALL your damages plussss.

excon

victim_of_vindictiveness · Jun 21, 2007, 07:01 AM

What kind of proof would I need? I left her house in March 2002 and lived at my father's in Raleigh until early May 2002. The warrant wasn't issued until May 2002. She used the senile old lady that lived in the apartment above me as a witness, but I have not seen the actual file to know whether she has pictures and invoices and stuff.

My father could testify or provide and affidavit that I didn't move into his place with any furniture other than my own and that I did not get a storage unit, but I am not in touch with that ex-boyfriend who helped me move. What other proof do I need?

excon · Jun 21, 2007, 07:09 AM

Hello again, victim:

The attorney you hire should be able to do double duty, both as your defense lawyer and as a civil plaintiff. IF he can prove you innocent of the criminal charge, whatever proof he used to do so, can also be used in the civil trial.

Whatever that proof particularly is, I couldn't say. Just bring everything you've got.

excon

ScottGem · Jun 21, 2007, 07:48 AM

The time frame for filing is not relevant.

In the US one is innocent until proven guilty. Therefore the burden of proof is on her. She has to prove that the items where in the apartment when you moved in and missing after you moved out. However, it will be hard for you to disprove anything since its hard to prove a negative. You also have a strike against you that you skipped out on the lease owing rental.

My best advice is to get an attorney who can advise you on your chances of fighting this and recovering damages.

victim_of_vindictiveness · Jun 28, 2007, 07:53 AM

I've spoken to my father about this and suggested avoiding lawyers by trying to offer her some form of settlement for the debt in exchange for her dropping the charges. Is this possible or will I need a lawyer to handle that as well?

excon · Jun 28, 2007, 08:06 AM

Hello again, victim:

Even if you satisfy her, money won't satisfy the District Attorney. If HE thinks a crime has been committed, he's going to pursue it regardless of what SHE does.

Therefore, before proceeding with HER, I suggest you find out what the DA is thinking. YOU, however, should NOT speak with him personally; because if you get him on the phone, his agenda would be to have you confess rather than adhere to your agenda which is to help you.

Therefore, I think you need an attorney. You may not, in the final analysis, but the risks are too great to err at this point.

excon

victim_of_vindictiveness · Jun 28, 2007, 08:24 AM

Hi ex con,

My dad is great for short cuts, but they don't always work out. But as I've got very little money to my name now I just thought I'd check. Thanks very much for your help. I'll keep you posted.

V

victim_of_vindictiveness · Jun 28, 2007, 08:24 AM

Hi ex con,

My dad is great for short cuts, but they don't always work out. But as I've got very little money to my name now I just thought I'd check. Thanks very much for your help. I'll keep you posted.

V

excon · Jun 28, 2007, 08:45 AM

Hello again, victim:

There IS another approach... Your dads...

It's entirely possible that the DA WON'T continue ahead after you and she settle. Indeed, maybe he's waiting for that very thing to happen. You could proceed blindly (re: cheaply) and hope that's what he'll do. If he doesn't and continues with the felony charge, you'll be eligible for a free attorney.

I don't know what could happen. The situation you're in is rife with danger. Do I think he'll proceed if she's satisfied? I'll give it 51/49 in your favor. THOSE aren't great odds though, and it's your butt that's on the line.

excon