Robert Vergil Posted July 15, 2018 Group: Members Followers: 5 Topic Count: 10 Topics Per Day: 0.00 Content Count: 39 Content Per Day: 0.02 Reputation: 100 Days Won: 0 Joined: 05/22/2017 Status: Offline Share Posted July 15, 2018 (edited) I'd like to ask if any good christians out there know anyone or will give free legal advice for a girl who is having a false theft claim pressed against her by her mother, this girl wants to get a restraining order against her mother also this girl is in poverty and is also autistic and not really capable of defending herself, Her mother is abusive and known to use drugs but she hasn't been caught yet, please someone out there give me a hand here. I'm sorry if its the wrong thread. Edited July 15, 2018 by Robert Vergil 1 Link to comment Share on other sites More sharing options...
dr3032 Posted July 15, 2018 Group: Advanced Member Followers: 1 Topic Count: 13 Topics Per Day: 0.01 Content Count: 332 Content Per Day: 0.16 Reputation: 273 Days Won: 0 Joined: 06/23/2018 Status: Offline Share Posted July 15, 2018 (edited) I guess i'd have to know more details, but I can try to offer what I can. First and foremost, there needs to be a focus on creating doubt of said crime. If there is proof that the crime HAS NOT been commited, it should be gathered for use in court. Assemble all appropriate points of info such as dates and times. Gather also the proof on the mother's side of it that the crime has been commited, so as to create and formulate a counter-argument to said evidence. Access to said info cannot be denied as per US law; a defendant must be aware of what case is being made against them and thus they are entitled to evidence disclosure, otherwise known as "discovery". Have a read of this: https://www.lawyers.com/legal-info/criminal/criminal-law-basics/criminal-law-right-to-evidence-disclosure.html If the mother has not yet been caught and there is no evidence against her, I would not advice the use of this info in court. Unless physical evidence of this can be gathered, the only thing bringing it up in court would do is make the defense look weak, as attacks on another person's character are, shall we say... Low blows. Maybe keep in mind witnesses as well, but also keep in mind that witnesses are often taken with a rather unhealthy bit of salt by the jury. Are you going through a court-appointed lawyer? By law, everyone in a criminal trial has the right to a lawyer. https://criminal.findlaw.com/criminal-rights/the-right-to-counsel.html I would do your own research and keep your eyes on one of these sorts, though. Many will just kick back and do their job half-heartedly as they are getting paid whether or not the defendant wins or loses. All in all, if this girl is not guilty of the crime, it isn't likely that there would be any solid proof against her. Just try to remain calm and collected. Edited July 15, 2018 by dr3032 1 Link to comment Share on other sites More sharing options...
Robert Vergil Posted July 15, 2018 Group: Members Followers: 5 Topic Count: 10 Topics Per Day: 0.00 Content Count: 39 Content Per Day: 0.02 Reputation: 100 Days Won: 0 Joined: 05/22/2017 Status: Offline Author Share Posted July 15, 2018 (edited) 3 hours ago, dr3032 said: I guess i'd have to know more details, but I can try to offer what I can. First and foremost, there needs to be a focus on creating doubt of said crime. If there is proof that the crime HAS NOT been commited, it should be gathered for use in court. Assemble all appropriate points of info such as dates and times. Gather also the proof on the mother's side of it that the crime has been commited, so as to create and formulate a counter-argument to said evidence. Access to said info cannot be denied as per US law; a defendant must be aware of what case is being made against them and thus they are entitled to evidence disclosure, otherwise known as "discovery". Have a read of this: https://www.lawyers.com/legal-info/criminal/criminal-law-basics/criminal-law-right-to-evidence-disclosure.html If the mother has not yet been caught and there is no evidence against her, I would not advice the use of this info in court. Unless physical evidence of this can be gathered, the only thing bringing it up in court would do is make the defense look weak, as attacks on another person's character are, shall we say... Low blows. Maybe keep in mind witnesses as well, but also keep in mind that witnesses are often taken with a rather unhealthy bit of salt by the jury. Are you going through a court-appointed lawyer? By law, everyone in a criminal trial has the right to a lawyer. https://criminal.findlaw.com/criminal-rights/the-right-to-counsel.html I would do your own research and keep your eyes on one of these sorts, though. Many will just kick back and do their job half-heartedly as they are getting paid whether or not the defendant wins or loses. All in all, if this girl is not guilty of the crime, it isn't likely that there would be any solid proof against her. Just try to remain calm and collected. It all hinges on defining whether they are gifts are not, they were given to her, other things shes claiming she stole the girl can prove she definately owns, to me it seems like a petty "we have fallen out so I want all the stuff i bought for you back" but I'm unsure. Thank you for your advice so far. One not is, her mother does have multiple convictions but not for drugs, wheras this girl is conviction free. Edited July 15, 2018 by Robert Vergil Link to comment Share on other sites More sharing options...
Robert Vergil Posted July 15, 2018 Group: Members Followers: 5 Topic Count: 10 Topics Per Day: 0.00 Content Count: 39 Content Per Day: 0.02 Reputation: 100 Days Won: 0 Joined: 05/22/2017 Status: Offline Author Share Posted July 15, 2018 (edited) Shes told me she is even willing to give some of them back if there was a misunderstanding for the things that were gifts,, but she does not want to give them back in person though her mother is claiming also for things she can prove belongs to herself. Oh I should add she doesn't really have money for a lawyer, but we are looking to either build some funds or get assistance through a organization designed to help impoverished people get legal aid. Edited July 16, 2018 by Robert Vergil Link to comment Share on other sites More sharing options...
dr3032 Posted July 16, 2018 Group: Advanced Member Followers: 1 Topic Count: 13 Topics Per Day: 0.01 Content Count: 332 Content Per Day: 0.16 Reputation: 273 Days Won: 0 Joined: 06/23/2018 Status: Offline Share Posted July 16, 2018 12 hours ago, Robert Vergil said: It all hinges on defining whether they are gifts are not, they were given to her, other things shes claiming she stole the girl can prove she definately owns, to me it seems like a petty "we have fallen out so I want all the stuff i bought for you back" but I'm unsure. Thank you for your advice so far. One not is, her mother does have multiple convictions but not for drugs, wheras this girl is conviction free. Let me guess; no paperwork or witnesses of said gifts? If she has proof of some things belonging to her, I would focus on bringing those up first. The ones that are more up in the air... Mentioning the more solid evidence might make her seem more credible, but if she would honestly rather not draw things out or even just give those things back to her mother, that might be the more prudent course. I think it would depend on what these convictions are. In general, yes, people with criminal records are treated with a sort of contempt in court. If they could be used in a way that gives the jury a protrayal of her character, then maybe. Otherwise, if they aren't relevant enough, they're likely best avoided. That right to council I mentioned applies to people who are not able to afford council. Everyone must either elect to represent themselves in court or have a lawyer present, but by US law, each side must have a representative. As she cannot afford one, the government normally steps in and pays for one for her, at no cost to her. As I said though, these court-appointed lawyers can tend to be lackluster, as whether their client wins or loses, they get paid anyway. If that worries you, saving up for proper council isn't a bad idea. Have you considered a GoFundMe page? Many people have had much luck with said services. Link to comment Share on other sites More sharing options...
Robert Vergil Posted July 16, 2018 Group: Members Followers: 5 Topic Count: 10 Topics Per Day: 0.00 Content Count: 39 Content Per Day: 0.02 Reputation: 100 Days Won: 0 Joined: 05/22/2017 Status: Offline Author Share Posted July 16, 2018 3 minutes ago, dr3032 said: Let me guess; no paperwork or witnesses of said gifts? If she has proof of some things belonging to her, I would focus on bringing those up first. The ones that are more up in the air... Mentioning the more solid evidence might make her seem more credible, but if she would honestly rather not draw things out or even just give those things back to her mother, that might be the more prudent course. I think it would depend on what these convictions are. In general, yes, people with criminal records are treated with a sort of contempt in court. If they could be used in a way that gives the jury a protrayal of her character, then maybe. Otherwise, if they aren't relevant enough, they're likely best avoided. That right to council I mentioned applies to people who are not able to afford council. Everyone must either elect to represent themselves in court or have a lawyer present, but by US law, each side must have a representative. As she cannot afford one, the government normally steps in and pays for one for her, at no cost to her. As I said though, these court-appointed lawyers can tend to be lackluster, as whether their client wins or loses, they get paid anyway. If that worries you, saving up for proper council isn't a bad idea. Have you considered a GoFundMe page? Many people have had much luck with said services. Not much, however one of the things the mother is claiming for, the girl has pictures of herself trying these dresses on in the changing room, which would look rather suspicious I think if the mother then tried to claim they weren't a gift as is why would the daughter be trying them on ? concerning the laptop the mother is claiming, the daughter has the receipts in the name of an ex boyfriend. Link to comment Share on other sites More sharing options...
dr3032 Posted July 16, 2018 Group: Advanced Member Followers: 1 Topic Count: 13 Topics Per Day: 0.01 Content Count: 332 Content Per Day: 0.16 Reputation: 273 Days Won: 0 Joined: 06/23/2018 Status: Offline Share Posted July 16, 2018 6 minutes ago, Robert Vergil said: Not much, however one of the things the mother is claiming for, the girl has pictures of herself trying these dresses on in the changing room, which would look rather suspicious I think if the mother then tried to claim they weren't a gift as is why would the daughter be trying them on ? concerning the laptop the mother is claiming, the daughter has the receipts in the name of an ex boyfriend. Both solid pieces of evidence. Be sure to get down dates and times. I doubt it would be necessary, but maybe have a small bit of evidence of this ex boyfriend being her ex boyfriend. A picture of the two of them together should suffice. Link to comment Share on other sites More sharing options...
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