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  1. #1
    Join Date
    Dec 2005
    Location
    Kentucky
    Posts
    2

    Default Wrongful conviction of criminal mischief

    To Whom It May Concern:


    On April 13, 2005 I was the passenger in a motor vehicle “hit-and-run” accident. The driver of the vehicle was driving through a mobile home park when he went off the road and crashed into a parked vehicle. After the vehicles collided, the driver then left the scene of the accident while I was in the passenger seat. After this occurred, the driver then asked me to not report the accident through his fear of the repercussions of committing such a crime. The vehicle he was driving is registered in my mother’s name. 3 days later someone reported the license plates of this vehicle to the Police Department. The police then came to my home and arrested me with the charge of “leaving the scene of an accident”.

    After being arrested I remained silent until I could retain the services of an attorney. I explained to my attorney that I was not driving the vehicle and gave him the name of the driver. The driver was then subpoenaed to go to court as a witness in my defense. On the date of the hearing, he was present and willing to testify that he was the driver. My attorney then had a conference with the prosecutor and explained that the actual driver was willing to testify. My attorney then came back to me and offered to have the charge amended from “leaving the scene of an accident” to “criminal mischief 3rd degree”. I was ignorant of the legal system and did not fully understand the charges against me. I accepted this charge and the case was closed. During this time, the actual driver of the vehicle was never charged with the crime, he was never asked to speak to the court, and his name was never given to the prosecution.

    I am now being sued for over 5,000 dollars in vehicle damages and faced with a 6 month jail term that is probated for 2 years. I believe that I have been victimized (wrongly accused) by this crime that I did not commit. This crime occurred in the state of Kentucky.

    KRS512.040 Criminal mischief in the third degree states: A person is guilty of criminal mischief in the third degree when: a person intentionally or wantonly defaces, destroys or damages property; or, he tampers with property so as knowingly to endanger the person or property of another.

    It is my understanding that my attorney coerced me into signing this plea bargain without consideration for justice on my part. Since I was the passenger of the vehicle, I was not responsible for the damage done in the accident. Therefore, this charge does not seem to apply to me. I need to know if there is any way that this case can be taken back to court for a possible trial by jury. This situation has already brought much stress to me mentally and financially. Any help in this matter would be greatly appreciated.

  2. #2
    Join Date
    Dec 2005
    Location
    Kentucky
    Posts
    2

    Default In addition

    Also: I just received a letter from the victim's attorney stating that I am being sued for the damages. It says that if I fail to pay them in full, they will revoke my driver's liscense. I can't file a claim because the vehicle used in the accident was not registered to me, and I was not the driver. Can they revoke my liscense? My mother said that since the guy who was driving is not listed on her insurance, they will not cover the damages.

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

    Default Kentucky Civil Judgment

    Quote Quoting david2196
    It is my understanding that my attorney coerced me into signing this plea bargain without consideration for justice on my part. Since I was the passenger of the vehicle, I was not responsible for the damage done in the accident. Therefore, this charge does not seem to apply to me.
    You lied to the police and said you were the driver.

    When you were in court, you claimed you could present the testimony of the "real driver". As your attorney may have explained, this is not the first time this defense has been used in a traffic offense situation, and it is usually a fabrication (that is, rather than the real driver getting somebody else to lie at the scene, as happened with you, the real driver gets somebody to come to court and lie). So there is no guarantee that a prosecutor wouldn't proceed to trial anyway or that a court or jury wouldn't convict anyway. (I've seen cases where both the actual driver and the liar were convicted of offenses related to driving the same car.)

    Then, when you entered your plea (unless you pled "no contest"), the court put you under oath and you lied again, telling the court that you were the driver.

    Under those circumstances, it would be very difficult to convice a court to set aside your conviction. If you wish to try to do so I strongly suggest that you obtain the assistance of a lawyer.

    Quote Quoting david2196
    Also: I just received a letter from the victim's attorney stating that I am being sued for the damages. It says that if I fail to pay them in full, they will revoke my driver's liscense. I can't file a claim because the vehicle used in the accident was not registered to me, and I was not the driver. Can they revoke my liscense? My mother said that since the guy who was driving is not listed on her insurance, they will not cover the damages.
    Often the insurance will cover any person who is driving the car with permission of the owner - check the terms of the policy. Is the problem that there is no insurance coverage, or that your mother doesn't want the claim on her policy such that her rates go up?

    Kentucky law, KRS 187.400, 187.410, can cause the suspension of your license on the basis of an unpaid judgment from a motor vehicle accident. If you have such a judgment, you ask the court to authorize installment payments, the court grants the request, and you make the payments, the suspension provision does not apply. KRS 187.440.

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