Expert: Jack Toomey - 5/27/2007

Question
In December 2005 I asked my ex-boyfriend to co-sign a loan for me which he agreed to do. We did it online so the application has no actual signatures on it. Everything was fine and I was paying off the loan (it was for 3,000) until a few months ago when I was fired from my job. I did try to negotiate the loan with the creditor to settle for a lesser amount but I never heard back from them. Apparently they started going after my ex for the full amount. About 2 weeks ago I was called in to talk to detectives. Apparently my ex filed a police report claiming I stole his identity and opened this loan without his permission (he lied about the amount too he said it was for 5k). I was told because this was a felony an arrest had to be made (I was first told it was a Class C felony then I was told it was a Class E felony, do you know which one it is?) but because of a disability special arraignments are being made for me to turn myself in on Wednesday. I know it was wrong to default on a loan with someone else’s name associated to it but I would think this is a civil matter.
I have called numerous lawyers regarding this and they have quoted 10k and up just to get to the arraignment. Since we don’t have $10 I will be getting a public defender. I would really like to help my own defense. Being a police officer yourself what would satisfy you enough to believe I’m telling the truth? What evidence do you think would help my case and get the charges dismissed or at least raise some reasonable doubt? I feel his motive is to be completely released from the debt and to punish me (if this was about money he could have just sued me in civil court) because while we were together I had him arrested (about 4-5 times) for domestic violence.

Also when I went in to speak with the detectives they took note that I am 9 months pregnant and have a medical pump (attached via a catheter to my thigh) to stop my preterm labor. I read that in central booking they remove ALL personal property; can/will they make me remove this pump?? Are my medical records enough for them to let me keep it? I fear without it & with the stress of the situation I could go in to labor that day (while I am 9 months I'm still not considered full term).  

Answer
Jessica,

   While I sympathize with you and your legal problems you are seeking legal advice which is unethical for me to give since I am not an attorney.  You also asked about laws that are unique to the state where you live.  In each state there are different laws and a "class E" felony does not exist in my state so there is no way that I can comment on that.

  As far as as your pregnancy and your impending arrest I don't have a clue whether they will remove your pump.  That would be up to the officers/sheriff at the central booking facility but to ease your anxiety why don't you call them ahead of time and ask the very same question that you asked me?

  I know that you think that I am ducking your questions but I am not allowed to give you legal advice or comment on your ex's motives.  These are questions that you should be saving for your attorney who will be familiar with the laws in your state.