damage and intoxication charges

[wahm23]

What is the name of your state? louisiana

can a damage to property charge hold up in trial even though on all the paperwork, the person who supposedly owns the property is not really correct, for example, if the arresting officer is claiming it is his property, even though at the time of the arrest, there was not even any damaged property to be found...it was just an allegation by a passersby and the officers could not find property or an owner. Are they allowed to just put an officer's name in the blank? After arraingment and the court date to schedule the trial, is it likely that this will still hold up even longer, till trial?
to add to the mix, there is a charge of disturbing the peace by intoxication...offender intoxicated, only witnesses remember events that happened.

 

[FlyingRon]

The "blank" means nothing. Chances are the officer isn't really asserting that it is his property. The manner of filling out report forms is sometimes arcane.

What matters is what is testified to / presented by evidence in court. If there is no evidence or witness that he vandalized anything, then it won't stick. The testimony of the officer that someone else said he did something is not admissable as evidence that he did it. They would need to bring the other person as a witness.

 

[wahm23]

thanks, ron, for the info, I am hoping that will be the case, guess I want someone else to confirm that...
how likely would it be that anything would come out of a civil suit against the person who reported this "damage to property" if the charge doesn't hold up in court? not to make any money off this, but just to teach a lesson that you can't just go around making accusations about people...not saying he did or didn't do any type of damage. pretty sure the intoxication is gonna stick, but no one saw any damage, vehicle supposedly damaged was not even in lot when cops went out to check it out. I personally would be willing to pay money on legal fees, etc just to prove the point that you cannot just make up things like that, if it is made up.
story was that he hit a vehicle with his car door when he got out, no one except the accuser noticed anythign at all, don't even know who she was, some girl who pulled in and parked in front of us. owner and vehicle were nowhere to be found after report was made. always thought there had to be proof and an owner to make an arrest and have reports, etc. And I know if I came into a parking lot and noticed damage on my driver's side door I would be the first person to report it and I certainly wouldn't drive off.

 

[FlyingRon]

Sometimes it's just best to let things go. It will be a lot of effort to pursue the false report in civil court and you don't appear to have any real damages to collect upon.

 

[wahm23]

yeah, guess life's just not always fair, lol. thanks for the advice.