Legal Question in Criminal Law in Washington

Police corruption

i reported a conv. where a murder suspect admitted his guilt . found out from reading a filed prob.cause for arrest statment that its all based on what i said.. afterwards i wrote a check that i printed on my comp. to a supposed to be friend the check came back. because it was my savings account number instead of my checking. both were my husbands account for which i have general poa. 2 officers came and talk to me and then left agreeing it was a honest mistake and said to pay the check then a half hour later adetective whom i later found out to be my supposed to be friends new boyfriend came and arrested me for forgery he booked me and later poeple found out about my statement on the murder i got threats had to leave my house asked for pro. from police they denied me trying to pin another charge of fraud because my husband filed divorce papers in which i was never served but he didnt show up for the entry of the decree so on the paper it says case stricken.. but the police still say my poa is void so by using it i committed fraud even though we are still married and he never served any revocation or anything.. i need help


Asked on 7/09/03, 1:26 am

1 Answer from Attorneys

Jeffrey A. Lustick, Esq The Lustick Law Firm

Re: Police corruption

Perhaps it�s the way you�ve written your question, but I�m really wondering if what you say happened is true. If you were a witness to a murder and your words resulted in the suspect�s admission, then why are your receiving threats for making your statement? Did you falsely accuse the suspect? Wasn�t what you said the truth? And who are these people threatening you? Haven�t you reported that to the police? Presumably these people threatening you are in league with the murder suspect. That should make you concerned about your safety and you need to report it.

As for the fraud case, that makes no sense as well. How could you be interviewed by two police officers concerning a bounced check and then just 30 minutes later, be arrested and taken to jail for fraud? In Washington State, police officers can issue citations for �unlawful issuance of bank checks� which is a gross misdemeanor under RCW 9A.56.060, but the charge of �fraud� under RCW 9A.60.020 is a felony. To arrest you for felony fraud, the detective would have needed a warrant if you were arrested at your home and a criminal information form would have to been filed by the prosecutor�s office. Usually these kinds of charging decisions take weeks and in some cases, months to decide. I dare say that this is impossible to happen within thirty minutes or so.

And then there is the divorce and the POA. If the divorce isn�t final and your husband never rescinded the POA and it�s still within the expiration date listed on the form (if any was listed � some don�t state an expiration date), you are legally able to use it despite your separation. The cops should know this, and so it makes no sense to arrest you for stealing from your husband�s account. Is it a separate business account? Are you sure that the POA covers this? What was your intention in writing the check? Does that intention fall within the scope of the POA?

In summary, I think you�re either the victim of extremely bad police work and you�re in extreme danger and you�ve suffered a false arrest - or - the question you have written is way off kilter. I recommend that you post another question making the facts more clear so the body can provide you appropriate legal advice.

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Answered on 7/09/03, 11:39 am


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