Shoplifting, Larceny, Robbery, Theft Malicious prosecution or theft by deception???

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devling5000

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Here's my problem, my company was hired to do a roofing job here in toledo, I had the customer read and sign 2 items, 1 was the contract for the work, and 2 was a cancellation agreement.

The first one had stated what work we were going to do and the charges for the material and labor. The 2nd gave OUR company procedures on cancellation of the work by either party.
Simply put if a customer had cancelled after a period of time that their deposit would be non-refundable. Also If we cancel then their monies would be returned with interest.
The customer after waiting 6 weeks to cancel had claimed that this was unfair. He went to the local police department and they filed charges against me for Theft by Deception.
now after giving the prosecuter all paperwork I was still indicted on the charges. How can this be?
 
Good question.

Who drew up the "2 items" you had the person sign?

It would make it easier if we knew what the customer was complaining about. I'm guessing(and I hate to do that) it's over the deposit.

Did you start the job within those six weeks?
Did you purchase material for the project before customer changed his/her mind?

Post the exact code they charged you with. example: 21-05-01(1)

Is the prosecutor chargine you, or did this go before a grandjury?
 
the first item is a standard proposal that can be purchased at any office supply store. (office depot) the cancellation agreement is somthing I had constructed.

You are correct it's the deposit.

the job had a start date of 10/15, the contract was signed on 8/27 and the deposit was paid on 9/1. there was more that had happend between the 9/41 and 10/15 dates but will only disclose if interested.

The code I am being charged with is in ohio : ORC 2913.02A3

The prosecuter had charged originnaly, then I was bound over to Grand Jury. I have an arraignment set for 3/10.
 
Also on the back of the 1st form it has a few stipulations like 1: we are not responible for any delays. and 2: all disputes hereunder shall be resolved by arbitration.
 
I don't see where there is a problem. If they signed it, and then caused delay's, and they damn well knew they were going to lose the deposit, I believe they are stuck.

Why the government is after you is beyond me. Always have to have their dirty little fingers into EVERYTHING.

I don't understand why the grand jury would go with the charge when it's clear this needs to go to arbitration. I would point that out to the judge. Maybe he will delay hearing until arbitration can be achieved. Worth a shot.
 
so I should have my attorney file a "motion to compel artibtation per contract" ? And then should I change attornies from criminal to business, Or should I stick with the one I have?
 
Sure, your shyster could file a motion like that. Dont' know if it will work.

What is the shyster telling you? Tell him/her to get off their butt and start working on this. There is no reason for a criminal charge at this point. The court should recognize this.

I never recomend a lawyer. You get screwed in the end, somehow, someway, they get you.
 
Well I have been doing some research on my own. He is now telling me to pay him more money for him to represent me in common please, moved from municipal. I have been searching for other options. As of right now this is criminal, a felony in this state, and am not sure as to my options. I am also considering representing myself in this matter as to I can not now offord to retain him for the remainder of this matter. any suggestions?

"There is no reason for a criminal charge at this point. The court should recognize this
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"

That's what I had assumed and was wrong. Now here I am.
 
If it's a felony, you best have a shyster. Get a cute one, the jury may be nice.

If you are poor, you can get free legal help from the state. What state?

Have you, NOT YOUR LAWYER, Have YOU been in to see a judge?
 
I'm in ohio. I have not in to see the judge, nor have I talked to the prosecuter about anything, the attorney had. I was not aware that I could go in and see a judge about anything. I have been told that I was not allowed to discuss anything with the prosecuter. I was told that by the prosecuter's office.
 
another question and then you can send me a bill, Where would I go to see about drafting a motion? Is there any form tmpletes that I could use?
 
devling5000 said:
I'm in ohio. I have not in to see the judge, nor have I talked to the prosecuter about anything, the attorney had. I was not aware that I could go in and see a judge about anything. I have been told that I was not allowed to discuss anything with the prosecuter. I was told that by the prosecuter's office.
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As long as you have a lawyer, you can't talk to anyone. Not the judge, you can't even talk in the court room unless they ask, and the prosecutor will only deal with the lawyer as well.

Ask your lawyer if his malpractice insurance is paid up. If he ask's "Why" tell him/her, "You know why".
 
devling5000 said:
another question and then you can send me a bill, Where would I go to see about drafting a motion? Is there any form tmpletes that I could use?
Click to expand...

Try your states law library online. They should have form packages for free that you can download. Fill in the blank type stuff.
 
Thanks but I have already checked there. Ohio is pretty messed up, I can't find a damn form to scratch my butt. But I thank you for all your help. I think i should just get a new laywer and see what happends.
 
It may be best. If it were a misd. I wouldn't be so nervouse. I don't wan't to get you in the wrong direction on a Felony.

I have sent you a private message with some info.
 
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