I was charged with id theft and financial credit card fraud. To clarify, not charged yet. An investigation was done, and given to the DA office for special presentment. Atbthe time I was a police ofc, lost my job over the accusation, worked for the deot that investigated the allegation. Its been 1 year, nothing has been done. Its cost me my home a car and destroyed my marriage. I can't get a job because the former agency says I was fired for committing a felony, yet I've never been charged nor is it even a pending charge, its just a file sitting in the DA office with no actions. How is it this can be legal? I live in Georgia....
3 Answers from Attorneys
I assume that knowing the matter was being investigated and was affectig your employment that you long ago hired counsel. That is whom you should ask. None of us know the evidence or details of your case. With a year to look into it your attorney should be well-equipped to advise you.
You were a police officer. So, you should know exactly how it works. You need to retain an attorney in order to file a speedy trial demand and force the DA to make a decision. See website for info on retaining the right attorney: http://www.lawrencelewispc.com/pages.php?go=pinfo&PID=38
These types of cases are not run of the mill criminal cases, and can involve stacks of documents from sources in other states and on computer files. The last one I tried involved three boxes of documents, and the jury was so confused at the end of the trial they could not tell what the prosecutor was even trying to prove. Many prosecutors are experienced with witnesses who saw something happen, and can testify to that, while these types of cases deal with a witness who can identify a document, but not what happened when a card was used. Therefore, prosecutions take longer to develop, and many never come to fruition. The problem you are having right now is that your former employer is saying that you were terminated for committing a felony rather than a conviction showing up on your record. Such is an employment issue, and there may be recourse for this under the personnel plan for the agency you worked for to have this removed. As to making the prosecutor hurry up and do something, until they actually charge you and indict you, you cannot file a speedy trial demand because there is no case to file such a demand in. I suggest that you hire an attorney who knows how to handle these types of cases, and have them contact the prosecutor's office to see if anything is going to be done. That will at least give you some kind of answer or time frame, and you can start working on a defense if it will be pursued.
The answer to this questions is informational only, and it is not intended to be legal advise. Only an attorney who has met with you and gone over all of the specific facts of your case can give you legal advice upon which you should rely. Follow up questions are welcome via the email below, and our firm offers free consultations via phone or in person. We have convenient offices in Winder, Jefferson, and Gainesville Georgia, and you should feel free to contact our office at (770) 307-4899, via email at [email protected], or through our website: hicksmasseyandgardner.com.
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