I didnt know where to put this so please if it needs to be moved just let me know. But I need help badly.. Long story short.. June 23rd I lost my temper with a former friend, slung a bottle into the road MISSING his truck.. July 8th he comes to me and says he is filing charges for me busting his windshield. This Past Thursday August 9th. I got served for vandelism. According to the report in his own handwriting (I am including the way he misspelled my name as well) he wrote: "On 6/24/12 Anthony Springs, stated that he saw megan lewis pick up a tool, hitting the passenger side of the windshield on his truck breaking the window." Due to already being served, I do have to turn myself in tomorrow morning, at 9 am Central, just to accept the charges, and geta court date, then I will be home. I am requesting a public defender. Here lies the problem, it is small claims court, so attorneys are not required/allowed.. I want to fight this, because he is lying, for one simple reason, which is even more weirder to explain then I would like. Point, I need help, making sure the truth comes to surface: I didn't have anything to do with, he just accused me of it, because of what happened the day before. I am cleared of all charges, and people involved that are defending him ( my so-called friends) finally see he is the one lieing, and apologize to me.
I have come for help, because I am just a beginner, and can't even ground my mind long enough to attempt a spell.. Can someone please help me..
Humm. yeah, i would tell the truth about what you did or didn't do. Not saying you will win, but with a tort case like that he has to prove you did it.
Why did he not call the police the time it happened? lots of questions you could ask.
I turned my self in on Monday, and they gave all the papers! (The only thing they served me with was a written statement to file charges.) Apparently he did have an officer come out the day it happened, no officer cam to talk to me, till August the 9th.... But we have found SEVERAL errors in the paperwork. They said I couldn't have a public defender till the day of court. But there is a local county attorney who I can speak with for free to get advice, and he may be able to help me out, as for as advice goes.
I agree,there isn't alot you can do,depending on your opinion i doubt that you want to go for revenge.Best choice is to just take a deep breath and calm down.The wheel of fortune turns,so he will get what is comming either way.It migh not be durning the trial though.But eventually it will happen.I'll send some good luck your way.
By: WhiteRav3n / Knowledgeable Aug 15, 2012
Post # 6
No witnesses, no cameras, and no police on scene. No evidence besides a broken window he himself could have broken. Unless you sway from your story and cause suspicion, there is no case. It will be dropped. Don't point fingers, dress nicely, and speak politely when spoken to.
The only thing he could do after that is try to sue you for the amount of his window replacement. And that will take more money out of his pocket than its worth.
You'll be fine, don't worry. Cases are thrown out all of the time. Our taxes are spent on more stupid cases than anyone would ever want to admit, and that's because when a report is filed, regardless of its insufficient evidence, it must be seen by a judge. Police are not capable (by law) of making such decisions, they just assess situations, arrest, write tickets, and fill out paper work.
You won't go to jail. Worse case scenario, you'll receive a fine for smashing a bottle in the street (litering) and if they want to push it, causing a possible hazard to other drivers.
If/when anything like that happens again, three rules-- deny, deny, and deny. You should have never mentioned throwing the bottle, because it had nothing to do with throwing it at his car, therefore has no importance. If there was no proof of it, then its merely your word against his and it will be thrown out due to insufficient evidence. He is a "former friend" with a vendetta against you, a very innocent individual who did nothing wrong other than have poor judgement that he was a good person. End of story.
I wanted to give everyone a big than you for all the "good luck" prayers/blessings/and thoughts They helped. Friday I went to court, and the judge explained that if found guilty I would face 1yr in jail and 2500$ I told him I needed a court appointed attorney, and right after I said that the guy dropped all the charges against me... Unfortunally that doesn't help the fact, I have already lost my finaicial aid because of it, and all my friends. Even my boyfriend (who is the guys best friend) They all believe the guy, even after I showed them the police reporets and the other papers that basically proved he was lying.. But oh well, everything will come out in the wash sooner or later.. Thank you again.