Unsure if this is the right forum to post it, but part has to do with search and seizure and arrest. Ok, more than just a few question but I'm in need of some answers, fast!. Anything to help my case because the "victim" is determined to ruin my family for this. So I'm giving the full story and trying to find answers to some questions. Links, statements, cases, or any information will be greatly appreciated.
Before I get started, let it be known that
****THIS IS MY FIRST AND ONLY OFFENSE EVER**** no prior arrests, or anything more than a speeding ticket. my record is totally clean.
I am in GA. I was working 2 jobs. While working at a place, who the owner is a well known person in our county. I had a layaway there, made several payments on it and took the item before completely paying. I had intentions of paying it off since no one would normally notice it was gone. It was noticed.
I was called into the office where my boss, his secretary and 2 police officers were. knowing what was going on, I went into the office. I returned that item at that time, and offered to completely pay it off. I was questioned for about 2 hours, then I was questioned by the 2 police officers alone in the room, then by my boss alone in the room, then by my boss, his secretary, his attorney, and the 2 police officers present. After getting aggrivated with them I stated that I was tired and to do what they were going to do. I was arrested for theft by taking GA 16-8-2. I was read my rights right before i was arrested. Knowing somewhat of the law, anything said prior to my reading of the miranda rights, should not be able to be used against me.
I was held in isolation with no phone call at the jail for 24 hours. I was not allowed contact with anyone. Luckily someone saw it and called a family member and they notified my attorney who was not able to see me until 10 minutes before my first appearance. They would not even tell him why or for what I was arrestd for. I was shackled and cuffed every time I was called from my cell. They had to clear out hallways and corridors just for me to walk down. The only people I had contact with were the 2 officers that cuffed and shackled me at my cell, and the 2 people at the booking desk where I was called 6 times to recieve paperwork and warrants from the police. I was refered to as a terrorist by several of these people asking what I done to be treated this way. I was even held in a dark holding cell before my first appearance. The lights were off and you could barely see in the cell.
They got a search warrant, searched my apartment and took 6 things that was specifically listed as to what they were looking for. 85% of the items taken dealt with my other job. They also took a safe, searched it and seized those items as well. None of this was listed as items they were looking to seize, nor the 85% of the items they were looking for. The search warrant was signed by the judge and dated 2006, the officer(s) searching signed it did not sign, no witnesses, etc and dated it 2005. My boss at job 2 has been trying to get me fired from job 1 calling them and telling them to check for any stolen items because i've sold things that may have come from there.
My Questions are as follows : Since GA Code 16-8-2 theft by taking is defined as the taking the property of another with the intent to permanently deprive the owner of possession. The item that was taken was returned, however there was not intent to permanently deprive ownership, but the intent to pay for the item that was on layaway. Two payments were made and future payments were going to be made. There was also an offer to fully pay off the item prior to arrest at the moment the item was returned. This offer was refused and I was not allowed to pay for the item at this time. Its similar to the common defense for theft that is lack of intent to permanently deprive the owner of possession. If a person takes his neighbor's lawnmower without permission, he did not commit a theft if he can prove he only intended to borrow the item to mow his lawn and intended to return it. Another common defense to theft is mistake. If a person browsing the aisles of a store places an item in his pocket instead of his cart, then buys all the items in his cart but does not pay for the item in his pocket, he did not commit a theft of the item in his pocket if he can prove he forgot about the item and "mistakenly" left the store without paying.
1) Since there was an intent to pay, and I can prove that, can I fight this and have a possibility to win that it was not theft by taking, rather a lesser charge?
2) Do I have a case because of the way I was treated at the jailhouse, also being held with no phone call or contact with anyone, including a lawyer. The fact I was held in a dark holding cell for a while, then isolated without a phone call, referenced to as a terrorist and the way i was treated the entire stay, for which I can draw a minimum of 2 people to admit that i was treated differently than normal at the request of the arresting detective. I can possibly have more, but 2 that both I, and a P.I. that works for my attorney talked to admitted it to us and stated they would stand by their word against the city if need be to account for this. Can I file a case against them for this?
3) Can things said before my rights were read, be admissible? My lawyer, said he can argue that they can not, but i'm searching for more answers from others in the know. As well as some defense.
Under the Fourth Amendment searches must be reasonable and specific. This means that a search warrant must be specific as to the specified object to be searched for and the place to be searched. Other items, rooms, outbuildings, persons, vehicles, etc. would require a second search warrant.
4) I have a safe in my house, which was not closed\locked. However when they searched my apartment, they seized it and said it was locked. Since the safe at my house is not included in the search warrant, did they have the right to open it and seize those items?Whether it was opened or closed\locked. These items had nothing to do with the crime under investigation.
5) They left several items, in plain sight, that were listed on the search warrant as to what was to be seized, but took items mainly pertaining to my 2nd job and not the crime that was committed. Since these items were not specifics, nor have anything to do with the crime at hand, can these be seized?
6) Was this search and seizure reasonable?
7) Were the items taken that were not specifics and dealing with my other job admissable? I'm not worried about the items as far as them implimenting me on something, however, some of the items are needed to complete duties at my second job.
Search warrant was issued on a date in 2006, it was signed by the judge. The investigator did not sign the return of service. he did not x or check anything but only fill out the portion of the execution that he dated and timed it, only putting that it was executed in 2005, a year prior to when it was done. I received a copy and a list of inventory taken. There were no signatures or anything, nor was my inventory made in the presence of anyone to account for the items taken. I am noticing things missing that I feel they took without noting them in my inventory. These items are also pertaining to my 2nd job.
8) With no signatures, miss dated, and no account of my inventory by anyone other than the investigator who wrote my inventory down, can I fight this search warrant and get the items seized dismissed?
9) Missing items that are not on my inventory, can these items be admissible or used for anything, including trying to link me to the possibility of something at my other job? Theres nothing that happened at my other job, but they are persistant to try and make there be something there. They also took 2 cell phones which I have no account for them having as well. Can they do this? Can they take stuff and not have an account for it?
Those items not pertaining to this investigation that were seized appear to be taken for alternative motives to try and get something on me for my second job. There are several pieces of evidence that pretain to my 2nd job, as well as comments and actions by my boss, that show he is deliberately trying to get me fired from that job.
10) Can they seize these items, for this case, just to try and find something on me to get me fired from my 2nd job.
11) Can my former boss deliberately attempt to get me fired by calling my employees, employer, and others involved at my 2nd job? or is this some sort of defamation? He's using his name and friends in this town to try and ruin both my family and my life by this. Can he deliberately go after me like this?
Also, on final notes, for the moment. My former employer has not paid me for the 3 days worked the week of the incident.
12) He has to pay me for the time worked correct? I should be entitled for the $245 that I am owed, which would be near $200 taxed?
13) I also have a $100.00 MP3 player that i had at my work station that I was not allowed to take. As well as a total of $150.00 of payments towards layaways, which will turn to store credit if not paid on, and since i'm not allowed on the premisis, will do so. Do I still have the right to get my MP3 player, and the money I paid back? As it looks, i'm owed an MP3 player that they have of mine, 150 cash, plus a 200 or so dollar paycheck. I am entitled to this correct?
14) Can I get the trial moved to a different jurisdiction because of who the victim is and his involvement. Without a shadow of a doubt I know I can not get a fair trial here and he even made a comment that all the judges I'd be going against are who he eats lunch with every day. The judge I would be going before is one of his best friends. I know I can't get a fair trial here.
Before I get started, let it be known that
****THIS IS MY FIRST AND ONLY OFFENSE EVER**** no prior arrests, or anything more than a speeding ticket. my record is totally clean.
I am in GA. I was working 2 jobs. While working at a place, who the owner is a well known person in our county. I had a layaway there, made several payments on it and took the item before completely paying. I had intentions of paying it off since no one would normally notice it was gone. It was noticed.
I was called into the office where my boss, his secretary and 2 police officers were. knowing what was going on, I went into the office. I returned that item at that time, and offered to completely pay it off. I was questioned for about 2 hours, then I was questioned by the 2 police officers alone in the room, then by my boss alone in the room, then by my boss, his secretary, his attorney, and the 2 police officers present. After getting aggrivated with them I stated that I was tired and to do what they were going to do. I was arrested for theft by taking GA 16-8-2. I was read my rights right before i was arrested. Knowing somewhat of the law, anything said prior to my reading of the miranda rights, should not be able to be used against me.
I was held in isolation with no phone call at the jail for 24 hours. I was not allowed contact with anyone. Luckily someone saw it and called a family member and they notified my attorney who was not able to see me until 10 minutes before my first appearance. They would not even tell him why or for what I was arrestd for. I was shackled and cuffed every time I was called from my cell. They had to clear out hallways and corridors just for me to walk down. The only people I had contact with were the 2 officers that cuffed and shackled me at my cell, and the 2 people at the booking desk where I was called 6 times to recieve paperwork and warrants from the police. I was refered to as a terrorist by several of these people asking what I done to be treated this way. I was even held in a dark holding cell before my first appearance. The lights were off and you could barely see in the cell.
They got a search warrant, searched my apartment and took 6 things that was specifically listed as to what they were looking for. 85% of the items taken dealt with my other job. They also took a safe, searched it and seized those items as well. None of this was listed as items they were looking to seize, nor the 85% of the items they were looking for. The search warrant was signed by the judge and dated 2006, the officer(s) searching signed it did not sign, no witnesses, etc and dated it 2005. My boss at job 2 has been trying to get me fired from job 1 calling them and telling them to check for any stolen items because i've sold things that may have come from there.
My Questions are as follows : Since GA Code 16-8-2 theft by taking is defined as the taking the property of another with the intent to permanently deprive the owner of possession. The item that was taken was returned, however there was not intent to permanently deprive ownership, but the intent to pay for the item that was on layaway. Two payments were made and future payments were going to be made. There was also an offer to fully pay off the item prior to arrest at the moment the item was returned. This offer was refused and I was not allowed to pay for the item at this time. Its similar to the common defense for theft that is lack of intent to permanently deprive the owner of possession. If a person takes his neighbor's lawnmower without permission, he did not commit a theft if he can prove he only intended to borrow the item to mow his lawn and intended to return it. Another common defense to theft is mistake. If a person browsing the aisles of a store places an item in his pocket instead of his cart, then buys all the items in his cart but does not pay for the item in his pocket, he did not commit a theft of the item in his pocket if he can prove he forgot about the item and "mistakenly" left the store without paying.
1) Since there was an intent to pay, and I can prove that, can I fight this and have a possibility to win that it was not theft by taking, rather a lesser charge?
2) Do I have a case because of the way I was treated at the jailhouse, also being held with no phone call or contact with anyone, including a lawyer. The fact I was held in a dark holding cell for a while, then isolated without a phone call, referenced to as a terrorist and the way i was treated the entire stay, for which I can draw a minimum of 2 people to admit that i was treated differently than normal at the request of the arresting detective. I can possibly have more, but 2 that both I, and a P.I. that works for my attorney talked to admitted it to us and stated they would stand by their word against the city if need be to account for this. Can I file a case against them for this?
3) Can things said before my rights were read, be admissible? My lawyer, said he can argue that they can not, but i'm searching for more answers from others in the know. As well as some defense.
Under the Fourth Amendment searches must be reasonable and specific. This means that a search warrant must be specific as to the specified object to be searched for and the place to be searched. Other items, rooms, outbuildings, persons, vehicles, etc. would require a second search warrant.
4) I have a safe in my house, which was not closed\locked. However when they searched my apartment, they seized it and said it was locked. Since the safe at my house is not included in the search warrant, did they have the right to open it and seize those items?Whether it was opened or closed\locked. These items had nothing to do with the crime under investigation.
5) They left several items, in plain sight, that were listed on the search warrant as to what was to be seized, but took items mainly pertaining to my 2nd job and not the crime that was committed. Since these items were not specifics, nor have anything to do with the crime at hand, can these be seized?
6) Was this search and seizure reasonable?
7) Were the items taken that were not specifics and dealing with my other job admissable? I'm not worried about the items as far as them implimenting me on something, however, some of the items are needed to complete duties at my second job.
Search warrant was issued on a date in 2006, it was signed by the judge. The investigator did not sign the return of service. he did not x or check anything but only fill out the portion of the execution that he dated and timed it, only putting that it was executed in 2005, a year prior to when it was done. I received a copy and a list of inventory taken. There were no signatures or anything, nor was my inventory made in the presence of anyone to account for the items taken. I am noticing things missing that I feel they took without noting them in my inventory. These items are also pertaining to my 2nd job.
8) With no signatures, miss dated, and no account of my inventory by anyone other than the investigator who wrote my inventory down, can I fight this search warrant and get the items seized dismissed?
9) Missing items that are not on my inventory, can these items be admissible or used for anything, including trying to link me to the possibility of something at my other job? Theres nothing that happened at my other job, but they are persistant to try and make there be something there. They also took 2 cell phones which I have no account for them having as well. Can they do this? Can they take stuff and not have an account for it?
Those items not pertaining to this investigation that were seized appear to be taken for alternative motives to try and get something on me for my second job. There are several pieces of evidence that pretain to my 2nd job, as well as comments and actions by my boss, that show he is deliberately trying to get me fired from that job.
10) Can they seize these items, for this case, just to try and find something on me to get me fired from my 2nd job.
11) Can my former boss deliberately attempt to get me fired by calling my employees, employer, and others involved at my 2nd job? or is this some sort of defamation? He's using his name and friends in this town to try and ruin both my family and my life by this. Can he deliberately go after me like this?
Also, on final notes, for the moment. My former employer has not paid me for the 3 days worked the week of the incident.
12) He has to pay me for the time worked correct? I should be entitled for the $245 that I am owed, which would be near $200 taxed?
13) I also have a $100.00 MP3 player that i had at my work station that I was not allowed to take. As well as a total of $150.00 of payments towards layaways, which will turn to store credit if not paid on, and since i'm not allowed on the premisis, will do so. Do I still have the right to get my MP3 player, and the money I paid back? As it looks, i'm owed an MP3 player that they have of mine, 150 cash, plus a 200 or so dollar paycheck. I am entitled to this correct?
14) Can I get the trial moved to a different jurisdiction because of who the victim is and his involvement. Without a shadow of a doubt I know I can not get a fair trial here and he even made a comment that all the judges I'd be going against are who he eats lunch with every day. The judge I would be going before is one of his best friends. I know I can't get a fair trial here.
