How can you be charged with a crime you didn't commit?

[You Are Guilty]

Ay yi yi. Try these.
http://floridalegalwiki.com/index.php/Summary_Judgment
http://phonl.com/fl_law/rules/frcp/frcp1510.htm
http://www.cochranfirm.com/resources/Ask our Lawyers/motionforsummary.htm
(Mind you, these pertain to civil cases, but the general principles are the same).



And incidentally, my job is listed in my profile.

 

[tranquility]

I would say that trial are for the court to decide the facts. Prior to trial, if there are no facts important to determining guilt or innocence which are in dispute, the court should give either a judgment based on the law, or send the complaint back for more work. By saying there is no dispute over material facts, that means the parties agree to the fact, the fact has only evidence from one side or the fact is not important to determining the proper resolution.

Without the statement, the motion fails because there ARE facts in dispute which are important to determining the guilt of the defendant.

On the other hand, what you focused on was not the point of the phrase. (And was not correct to boot.) Which gets me to my point again, you're looking at the trees and are missing the forest.

Remember the statute: "A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another," Some material facts are those which show who the person is, what their intent and actions were, if something was damaged, that another owned the property and to the extent of the damage. (Based on the later section on punishment.)

From the police report:
--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 approximate damage is $400.00.
--The victim identified the suspect as the person who committed the act and I completed a request for prosecution

All those are material facts. The state is alleging them and saying they can prove them through the testimony of the victim. Do you dispute those facts?

I'm thinking yes.

 

[doodguy]

yes; fact 1, I did not touch her car
fact 2: I received a request from her insurance company for $972.00
fact 3: a report was completed based solely on "victim's" testimony. Even though I am the victim. Gotta love it.

 

[Zigner]

yes; fact 1, I did not touch her car

That "fact" is in dispute

 

[tranquility]

If doodguy does not fully understand the point, and I mean fully understand, I was trying to make he has no business making either a factual or legal argument in court. No business. If a lawyer is not obtained, he should plan on getting convicted with the maximum penalty for the crime.

Now, maybe he's a sweet-tonged devil who can charm the white off rice. But, with the level of understanding (if he still misses the point) required to even get to tell his side of the story, I suspect he won't even get a chance to make his case.

Get an attorney.

 

[doodguy]

Tranquility,

Assuming I don't get to cross examine any witnesses and judging solely off her police report, do you think any jury would convict me based off her testimony in that report alone?

 

[tranquility]

The report is not evidence. The testimony of the witness is the evidence. If she seems credible, yes.

 

[TigerD]

OP: Who told you criminal mischief of less than $200 was not punishable by imprisonment?

Fla. Stat. § 806.13
(1) (a) A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto.
(b) 1. If the damage to such property is $ 200 or less, it is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Fla. Stat. § 775.082
(4) A person who has been convicted of a designated misdemeanor may be sentenced as follows:
(a) For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding 1 year;
(b) For a misdemeanor of the second degree, by a definite term of imprisonment not exceeding 60 days.

Fla. Stat. § 775.083
(1)(e) $ 500, when the conviction is of a misdemeanor of the second degree or a noncriminal violation.
(f) Any higher amount equal to double the pecuniary gain derived from the offense by the offender or double the pecuniary loss suffered by the victim.

OP: If the information you provided is correct, it seems you are facing up to 60 days in jail and up to a $500 fine.


You really should take the advice to hire a lawyer. If you persist playing pro se in criminal proceedings, you are going to lose.

DC

 

[doodguy]

OP: Who told you criminal mischief of less than $200 was not punishable by imprisonment?

Fla. Stat. § 806.13
(1) (a) A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto.
(b) 1. If the damage to such property is $ 200 or less, it is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Fla. Stat. § 775.082
(4) A person who has been convicted of a designated misdemeanor may be sentenced as follows:
(a) For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding 1 year;
(b) For a misdemeanor of the second degree, by a definite term of imprisonment not exceeding 60 days.

Fla. Stat. § 775.083
(1)(e) $ 500, when the conviction is of a misdemeanor of the second degree or a noncriminal violation.
(f) Any higher amount equal to double the pecuniary gain derived from the offense by the offender or double the pecuniary loss suffered by the victim.

OP: If the information you provided is correct, it seems you are facing up to 60 days in jail and up to a $500 fine.


You really should take the advice to hire a lawyer. If you persist playing pro se in criminal proceedings, you are going to lose.

DC

DC: The judge said imprisonment is not an option which is why he refused me a public defender.

 

[doodguy]

Just an update to all:

Justice prevailed today, the judge didn't mention or acknowledge my motion to dismiss, but I laid out my questions last night, made the "victim" paint a stuttery picture inconsistent with her sworn statement to the interviewing officer, I told the truth and was found NOT guilty without an attorney

For anyone reading this, there is hope that a judge will make a decision based on FACTS.

Total cost to me: $50 (est) in gas, paper, ink and a little bit of research.

 

[dave33]

Doodguy, Congratulations!! That is impressive. So many people plead guilty in your position, your update is refreshing.

 

[doodguy]

Doodguy, Congratulations!! That is impressive. So many people plead guilty in your position, your update is refreshing.

Thanks dave, but why plead guilty when you know you didn't do anything wrong?

I did admittedly lose some sleep as I memorized the rules of criminal procedure all night, mainly due to the discouragement from this forum.

All morning though I repeated my belief that the truth will prevail, stuck to the truth and its behind me now.

I'm very proud because I didnt accept a withold of adjudication, I didnt plead no contest but did hear the judge by his own ruling say not guilty.

 

[dave33]

Thanks dave, but why plead guilty when you know you didn't do anything wrong?

I did admittedly lose some sleep as I memorized the rules of criminal procedure all night, mainly due to the discouragement from this forum.

All morning though I repeated my belief that the truth will prevail, stuck to the truth and its behind me now.

I'm very proud because I didnt accept a withold of adjudication, I didnt plead no contest but did hear the judge by his own ruling say not guilty.

In this case you were fortunate. You were charged in such a way that no jail time was a possibility. If you were charged with a felony assault that carried 10-20 years things are different. If the judge said plead guilty and you will get 10 years of probation (no jail) or go to trial, but if you lose I will give you 15 years to serve, anyone would seriously consider the plea.Again, you were extremely lucky how you were charged. Talk about losing sleep, you have no idea. Anyway, again congrats. Dave

 

[arsenic]

OP: Who told you criminal mischief of less than $200 was not punishable by imprisonment?
DC

*Any* conviction carries the possibility of imprisonment, but c'mon, the OP isn't going to serve any jail time even if the book were thrown at him.

Almost everyone in these forums (including myself) are just giving advice on the basis of Googling. At least in my case I have been arrested and convicted.

 

[arsenic]

I'm very proud because I didnt accept a withold of adjudication, I didnt plead no contest but did hear the judge by his own ruling say not guilty.

Congrats! Although in your position I would've paid the $1500 for a lawyer to be pretty certain to win the case.

Can you give us a blow-by-blow for educational purposes?

Thanks.