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  1. #1
    Join Date
    Feb 2012
    Posts
    2

    Default Being Charged with a Crime I Did Not Commit

    My question involves criminal law for the state of: Florida

    Hello,

    I recently was charged with criminal mischief less than $200. The claim is that I broke someone's mirror off their car. I was notified by being given a hearing date to attend.

    Supposedly I broke a mirror off of a black mercedes.

    The only recollection that I have that involves a black car was a road rage incident in which myself, my 5 year old and 8 month pregnant fiance were driving, and a car in front of us was in a fit of road rage with another car trying to run them off the road and acting crazy.

    That car turned off, and I proceeded to drive with this vehicle still being in front of me. All of a sudden this car slammed on their brakes with no one around. I beeped my horn at them, and then they moved over and began acting like they were going to sideswipe me, got in front of me and were slamming on their brakes, etc. I was on my way home so I turned off and they followed me. I got out of my car and told them they need to get on with their life and leave me and my family alone.

    They drove off, and myself and family went home.

    Now I am being charged for supposedly breaking someones mirror off their car with my hand. I got a copy of the "police report" and it has an officers name and says that I supposedly broke this persons mirror. The officer never contacted me, came to my house, etc.

    I went to the state attorneys office and they claimed that I have to "file paperwork with an attorney" to get copies of what the state attorneys office has against me.

    I went to my disposition today plead not guilty and was told since this is not a jailable offense, I don't qualify for a public defender. I called some local attornies and they stated they want $1,500 minimum to represent me.

    How can someone randomly write down your license plate claim you did damage to their car, and no one contacts you other than through a hearing date/time in the mail?

    Does anyone have any advice on what I can do? Should I file a motion for discovery pro se? Any advice would be helpful.

    Thank you.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Being Charged with a Crime I Did Not Commit

    You could file for discovery. You could also request a copy of the police report as a public record.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Being Charged with a Crime I Did Not Commit

    Why do you imagine that the police should not be able to investigate a crime reported by a person who claims to be a victim, and who reports the alleged crime and identifies the alleged criminal?

    Do you have a copy of the police report yet? If not, get one. If so, perhaps the manner in which the person claims the damage occurred will give you some hint as to how you might defend yourself against the charge. Fill us in when you have the report.

  4. #4
    Join Date
    Feb 2012
    Posts
    2

    Default Re: Being Charged with a Crime I Did Not Commit

    Quote Quoting Mr. Knowitall
    View Post
    Why do you imagine that the police should not be able to investigate a crime reported by a person who claims to be a victim, and who reports the alleged crime and identifies the alleged criminal?

    Do you have a copy of the police report yet? If not, get one. If so, perhaps the manner in which the person claims the damage occurred will give you some hint as to how you might defend yourself against the charge. Fill us in when you have the report.
    Hi there,

    I FINALLY got a copy of the police report and it reads as follows:



    On XX date I responded to XX address, within an apartment complex, reference a delayed criminal mischief. I met with the victim, and interviewed same under verbal oath. The day prior the victim was traveling west in her black bmw. After a brief road rage incident involving the suspect "flipping the bird" at the victim, the victim followed the suspect into an unknown subdivision. The victim and suspect both exited their vehicles and became engaged in a verbal argument. During the argument the suspect struck the victim's right side view mirror with an open hand causing the molding to break off and the mirror to become loose. The suspect and victim continued their verbal argument, then both subjects left in their vehicles. The approximate damage is $400.00. The victim provided me with the vehicle linces and description of suspects vehicle. The victim identified the suspect as the person who committed the act and I completed a request for prosecution. I was unable to come in contact with suspect.

    Victim stated multiple times through her interview she had breast cancer and was elderly and the incident was completely disrespectful. She stated she was driving to go pick up her girl friend so they could go to the casino. She was driving in the left lane, and she guesses she was driving too slow, because the car behind her was tailgating her, and the male behind the wheel was "flipping her the bird" and waving his arms. Victim stated she was going to turn left, but saw the other car in the right lane turning into a subdivision so she followed him. She advised she exited her vehicle and began yelling at the other driver about how he needed to respect the elderly and how she had breast cancer and he needed to respect her. The suspect began searing at her and he walked over and hit her side view mirror, breaking it. She then yelled he was going to pay for that and he replied he wasn't going to.

    When I asked why she didn't call at the incident scene she related she continued on with her plans, went to get her friend, and went to the casino. I asked why she followed the other vehicle and got out of her car and she related because she was mad and wanted to let him know he needed to show more respect. Victim wants the suspect to pay for her mirror.
    I am thinking of filing this motion to dismiss:

    Comes now the Defendant, pursuant to Fla.R.Crim.P. 3.190(c)(4) in receipt of discovery, Defendant finds that there are no material disputed facts and the undisputed facts do not establish a prima facie case of guilt against the defendant.
    Butterworth v. Fluellen, 359 So. 2d 968 (Fla. 1980), holds that essential elements of a crime must be proven beyond a reasonable doubt and cannot be left to inference or conjecture. Please see attached for copy.
    Victims statement gives a statement in which defendant was allegedly the target of victims road rage to teach him a lesson of “respect for the elderly”. Victim further stated there are no independent witnesses and presents an uncorroborated testimony of no factual basis. No arrest was made on the alleged date of incident. Furthermore defendant never came into contact with law enforcement nor was made aware of any attempt of contact by law enforcement until notice of arraignment on or about XXXXXX.
    WHEREFORE, Defendant requests dismissal of Case Number: XXXXXX due to no establishment of prima facie in the discovery provided by the state XXXXX


    Please share your thoughts

  5. #5
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Being Charged with a Crime I Did Not Commit

    I don't see your motion to dismiss being the win you think it is. First, you have no memo of law in support of it & that's required. Plus there is a claim you hit the mirror in question. And it sounds like you are agreeing with everything, making you look guilty.

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