Legal Question in Criminal Law in Kentucky

My wife worked for a woman last fall, something like August to September.

She partially cleaned out he basement which had been filled to the top by her hoarder daughter (more on daughter later).

My wife was told she could have what see wanted down there, apart from a few big items (frig., dining room set). So she takes a few boxes of odds and ends over the months to following. As I said, ending in September.

In January, the daughter moved back in. There was a court order preventing her from coming near the house or having contact with her children. The friend's grand children.

There has been a dislike between the daughter for many years now.

So, against my wishes my wife reports the situation to CPS (child protective services).

The next day her friend calls her up and demands everything she had taken back.

My wife wanted out of the relationship. So she just gathered the stuff up, and brought it back to her.

Now I don't understand why, but my wife wrote her a note saying sorry, and that she couldn't get two rings back, she'd sold them (to a girl down the hall for a pack of ciggerettes).

The lady still demanded the rings back and my wife didn't feel any obligation to try and work with her any further. The lady threatened to call the police, my wife told her to just do it and she did.....

Now a few more months on, she gets papers for an arraignment tomorrow.

Misdomenor theft... its like wtf? She hasn't been arrested or anything.

Can't afford a lawyer. Just know she has to plead innocent or guilty.

Can she win this one, I don't think she did anything wrong.


Asked on 5/14/12, 7:39 pm

2 Answer from Attorneys
Andrea Welker Welker Law Office

You can't afford a lawyer? Can you afford the court costs, restitution and fines when she's found guilty? You should find a way to hire an attorney, not just to defend against the criminal charge but sue to recover damages for defamation and malicious prosecution. The items were a gift; your wife did not have to return any of the items. The filing of the police report was retaliatory because your wife did the right thing and reported her to the Cabinet for violating a court order that protects those children against a parent who has endangered them.

I know a misdemeanor doesn't seem like a big deal, but before pleading guilty to something you didn't do, I encourage you to read the April article on Slate.com entitled "Misdemeanors Can Have Major Consequences for the People Charged."

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Answered on 5/15/12, 5:41 am


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