Back in May of this year I stopped letting my Ex Wife have Visitation with my Grandchildren due to her Heroin Addiction and Physical Abuse she deals with at the hand of her boyfriend. Jumo forward to Aug 12th. I got arrested and thrown in the City of Cleveland Jail because she filed a report stating that I took her somewhere and beat her and left her for dead. The best part of this is that she is so dumb she did not bother to see if I was in town and it turns out that the week of the so called attack I was hours away in Cincinnati working and I have supplied overwhelming amounts of evidence proving my location.

My Father helped me by having his friend who is an Attorney represent me but its not working out. He is not a Criminal Attorney and I think that is a major issue. We have been to Court four times and each time we are there for five minutes and the case is continued. The first continuance was due to my Ex not showing and she has never shown. Second time the defense said she needed or evidence so we sent it again. third time Prosecuting Attorney stated she had not had time to look at the evidence, and finally yesterday she was a no show so its continued again. She will not return any of my Attorneys calls.

Here are my two questions

1. Can't my Attorney file a Motion to Dismiss based on my overwhelming evidence that shows I was out of town for an entire week surrounding the day of the supposed attack?

2. When this is all over based on this being a false charge is it going to still take a long time to get the charges off of my record?


Im beyond frustrated and hope it was ok to post this here.

What I do not understand is why there was no investigation. How does a Judge sign off on a warrant when no investigation has been done.

Curt

The problem is the state has a charge against you, not your x-wife. She is just a witness.

Finally the Charges were dropped. I retained a new Attorney and within a few weeks charges were dropped. He told me to call him in 30 days and he would file to get the file sealed. Hopefully once that is done I will be able to obtain my CCW again. Thanks for all the replies and advice. In glad this is all over.

If the charges were dropped you should have gotten it back near immediately. No need for it to be sealed.

Glad to hear. I can't believe the psychopathy of some people when it comes to making false reports - she should somehow be held accountable for attorney's fees or something. I hope the best for you in the future.

Hello, thanks for all of the support. to update, a little over a week ago my case was sealed by the Judge. I received an official copy of the order and was good to go. A few days ago I ran across a real good deal on a Firearm and made the purchase. When I went to my local Gun Shop that I always use for receiving the gentleman at the shop informed me that my background check is being delayed until the 30th. Im assume that although I had the case sealed certain local and federal authorities will always be able to see that I was chargde with DV resulting in a delay in the process. I hope they get this verified or whatever they have to do soon.

we will see.

WoW same thing happen to a family member of mine, hopefully it all works out for you. they got their CHL back pretty quick.

In my experience running NICS checks they do not give a time frame for a delay, it is just a delay, in rare circumstances they may never issue a "proceed" or "deny".

Bill