Consumer Fraud accused of deceptive trade practice

Status
Not open for further replies.

archery_mom

New Member
The accused contracted with "Mr. Jones" to build 3 crossbows and modify an additional crossbow Mr. Jones already had. After many months of emails, phone calls, and shipping bows back and forth multiple times(the accused would ship a bow to Jones and Jones would return it because something wasn't just right on it), Jones finally had all bows in his possession. All emails and phone calls between the two ceased. The accused believes at this point that their business is concluded.
Fast forward 3 years...
The accused is arrested on a charge of "deceptive trade practice". With no idea what the charge is about, the accused contacts an investigator he knows in the county the case is in (not the county he resides in). The investigator discovered that the charge is being brought by the DA and the only alleged victim is Mr. Jones (which jogged the accused's memory of his dealings with Mr. Jones).
The accused has moved several times since his dealings with Mr. Jones and has not retained any shipping receipts.
The accused has found pictures dated 2010 on Mr. Jones public internet photo album of two of the bows in question. The accused has pictures on his own computer of at least one of the other two bows in a finished state.
The accused has statements in email form from Mr. Jones saying that he (Mr. Jones) was purchasing multiple crossbows from another company as well and it was his intention to select a few of the bows to keep for himself and sell the rest (perhaps this is why the accused can only find two of the four crossbows in pictures on Mr. Jones' online album).
The accused is very concerned about this charge and his lack of being able to provide the court with postal shipping receipts (and is assuming that the charge is that the person says they didn't get the bows).
The accused is traveling over two hours tomorrow morning to attend his arraignment.
Is there any words of advice, suggestions, etc. that can be offered for him?
Thank you very much for your time.
 


Yes, this is very simple.

But, it is even more FUNDAMENTAL!!

For clarity I'm going to call this potential defendant, Smith!

First of all, Smith isn't an "accused".

Smith would be an "accused" under the Uniform Code of Military Justice.

Under our system of laws, Smith will eventually be a defendant.

Smith will not be required to prove his innocence.

It just doesn't work that way.

When Smith appears, Smith should make no statements about this matter.

Smith should plead NOT GUILTY.

Smith should hire a lawyer, unless Smith is unable to afford one.

In that eventuality Smith should ask the court to appoint a lawyer to represent him.

Smith should not discuss this with anyone, but his lawyer.

Then Smith should follow the advice of that lawyer.

Smith, much like every other criminal defendant in our country is cloaked with the presumption of innocence.

In fact, Smith can simply stand mute at his arraignment.

If Smith does that, the judge will enter a plea of not guilty for him.

Are you starting to understand the marvelous gift our founders left us?

I damn sure hope so.

So, advise Smith to shut up.

Tell Smith to plead not guilty.

Let Smith know that even if he can't afford to hire a lawyer, the taxpayers of Texas will pay for one to represent him and protect his interests.

You then want to let Smith know that patience is required. :yes:

There are many defenses to this charge.

Smith's lawyer will apprise him of those defenses.

Now is NOT the time to get into them. :no:

Now is NOT the time for impatience. :yes:

Now is NOT the time to blab about this or that, other than to state four words, "NOT GUILTY, YOUR HONOR." :yes:





 
Last edited:
Status
Not open for further replies.
Back
Top