I have a malicious vandalism charge against me. I thought it was going to civil court, but it's going to be going to criminal court.
I did not commit the crime that I am being charged with, honestly. My ex-boyfriend told the owner of the car that I did it, but there is no evidence that I committed the crime other then him telling the person I did it. My lawyer said that this is not a case that should have even gone to court, but nonetheless it will.
Originally my ex-boyfriend was going to be testifying against me saying that I admitted to him to doing it, but I have him on tape admitting that that was not true. I told him that I would bring the tape to court and show the judge that he was perjuring, so he has since recinded his testimony.
There is literally no evidence to suggest I vandalised the car, but I am still scared. I don't have the money to pay for a crime I didn't commit, but if I don't settle out of court then I may go to jail. I am scared.
2007-05-28 17:45:58 · 5 answers · asked by Whishkey Bottom. 3 in Politics & Government ➔ Law Enforcement & Police
You have several available options.
1. In court you should have the option of getting the case being dismissed for lack of evidence. Especially as the main witness has withdrawn evidence.
2. Be polite, nice and have a good lawyer. It should not be a big issue to defeat this case. If you have a job and no previous record, then even if found guilty it is unlikely that you will go to jail.
3. You can get your lawyer to meet with the owner of the car and play the tape of your boyfriend. Perhaps he will choose to drop the charge.
4. You can lodge a complaint and prosecute your ex-boyfriend for giving false evidence.
The justice system can be very scarey and many people are falsely accused and often people are falsely jailed. But in most cases, if you present well in court, you are unlikey to be convicted due to the lack of evidence.
Good luck
2007-05-28 18:00:57 · answer #1 · answered by flingebunt 7 · 0⤊ 0⤋
Why are you asking here if you have retained the services of an attorney? Your tape will most likely be inadmissible in court and in some jurisdictions (Illinois, for one) it is illegal to tape conversations without consent. "Settling out of court" is a civil term, not a criminal term, you cannot settle a criminal case out of court (you can plea bargain). Your lawyer would be better prepared to address your concerns as he/she would have access to all the testimony and evidence concerning your case.
Hope this helps.
2007-05-29 04:24:42 · answer #2 · answered by bbasingal 5 · 0⤊ 0⤋
Unfortunately unless your ex-boyfriend knew you were taping and said it was okay you cannot use it in court anyway. No judge will let it be admissable. Your best bet is to go to court and fight tooth and nail. Make sure you use a lawyer and not a PD. They must feel they have something on you or they would not risk losing in court..........
2007-05-29 00:54:25 · answer #3 · answered by BobbyK 4 · 1⤊ 0⤋
Be sure to give this blood sucking attorney a hefty retainer,or just tell the Judge your not guilty and they will appoint you a Public Defender.NOT GUILTY
2007-05-29 01:03:33
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answer #4
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answered by namelark 2
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pick better friends
2007-05-29 00:58:00 · answer #5 · answered by Steven C 7 · 0⤊ 0⤋