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

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doodguy

Junior Member
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.
 


dave33

Senior Member
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.

How? Very easily. If someone saw you rob a bank and took down the information, that person would get arrested. I realize the difference and suspect the police may have a little more than just a statement.

If you want a trial than you should file the motion. goodluck.
 

doodguy

Junior Member
How? Very easily. If someone saw you rob a bank and took down the information, that person would get arrested. I realize the difference and suspect the police may have a little more than just a statement.

If you want a trial than you should file the motion. goodluck.
Any idea why the police wouldn't have contacted me that day? According to the police report this woman made a claim the day after the incident supposedly happened.

Also, I filed a notice of appearance and notice of discovery to both the clerk of court and state attorneys office. I called the state attorneys office and asked them for discovery and they give me the run around and just say to hire an attorney. I called some attornies and they want $1500 for this. I refuse to pay that much for something I didn't do.

Any help on what I can do?
 

dave33

Senior Member
Any idea why the police wouldn't have contacted me that day? According to the police report this woman made a claim the day after the incident supposedly happened.

Also, I filed a notice of appearance and notice of discovery to both the clerk of court and state attorneys office. I called the state attorneys office and asked them for discovery and they give me the run around and just say to hire an attorney. I called some attornies and they want $1500 for this. I refuse to pay that much for something I didn't do.

Any help on what I can do?
They did not contact you because they are not required to,although you are probably lucky they did not arrest you. The women made a statement to the police, paperwork got forwarded to the d.a. and they decided to press charges.

The statement and the report may be the only discovery in this case. You can always go to your next court date and explain the situation to the judge.
 

xylene

Senior Member
Honestly, this sounds like something to appease someone who was politically connected. Like this Benz driver was someone to whom they could not just say "You are a crank." Besides that the police are taking road rage seriously.

BUT

1. A mirror on ANY Mercedes is a LOT more than 200 dollars.

2. Had you actually done this, you could (would) have been subject to more charges.



Go to court and plead NOT GUILTY.

If the state can't prove their case... you are essentially exonerated.

I am a little concerned by your haziness over the incident. Did you hit her mirror?

Lastly, you are going to have to get used to making you requests of the court and the prosecutor in writing, not by the telephone.
 

doodguy

Junior Member
Honestly, this sounds like something to appease someone who was politically connected. Like this Benz driver was someone to whom they could not just say "You are a crank." Besides that the police are taking road rage seriously.

BUT

1. A mirror on ANY Mercedes is a LOT more than 200 dollars.

2. Had you actually done this, you could (would) have been subject to more charges.



Go to court and plead NOT GUILTY.

If the state can't prove their case... you are essentially exonerated.

I am a little concerned by your haziness over the incident. Did you hit her mirror?

Lastly, you are going to have to get used to making you requests of the court and the prosecutor in writing, not by the telephone.
What do you mean by my haziness?

And I did not in any way touch this womans mirror. She was a psycho path that was mad at the world over something. I had my 8 month pregnant fiance and 5 year old son in the car when she was trying to crash her car into mine. Thankfully, there is zero damage to my car. For all I know she had such heated road rage, she wrote down my license plate, went home broke her mirror off then called it in the next day.
 

Antigone*

Senior Member
What do you mean by my haziness?

And I did not in any way touch this womans mirror. She was a psycho path that was mad at the world over something. I had my 8 month pregnant fiance and 5 year old son in the car when she was trying to crash her car into mine. Thankfully, there is zero damage to my car. For all I know she had such heated road rage, she wrote down my license plate, went home broke her mirror off then called it in the next day.
You will need to defend yourself appropriately in court. That's it, end of story.
 

xylene

Senior Member
What do you mean by my haziness?
In you initial post you phrase it as if you were not clear about what happened.

When you are in court be sure you are crystal clear about what happened.

Your fiance being pregnant does not mean she cannot be a witness.

Yes you need to file a motion for discovery. You can't just do this with a phone call.
 

doodguy

Junior Member
What state are you in?

What statue are you being charged under?
This is in Florida, and I don't see the statute on the summons or this limited "public view" report they gave me.

It just says "Criminal Mischief less than $200"

xylene: I am unclear as to what happened. I am correlating/assuming this to a road rage incident that happened 2 months ago. I had zero police involvement that day, no one talked to me nothing but a notice to appear in court was delivered to me 2 months later.

Imagine your daily driving, someone cutting you off, would you be thinking of that person 2 months later?

Furthermore, I filed a notice of appearance pro se and a notice for discovery, so we'll see if the state attorney gives me anything back. I doubt they will though with how "helpful" they have been so far.
 

doodguy

Junior Member
Just an update to all, I FINALLY got my discovery after filing notice of discovery and notice of appearance pro se.




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
 

tranquility

Senior Member
You are an idiot if you think there is not a prima facie case made from the victim's statement.

Info edit:
806.13 Criminal mischief; penalties; penalty for minor.—
(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.
2. If the damage to such property is greater than $200 but less than $1,000, it is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
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
Which required element is missing?
 
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dave33

Senior Member
doodguy, I would file the motion certain aspects of her story sound like a lie. To file the motion cannot hurt. goodluck.
 

tranquility

Senior Member
It seems dave33 has similar knowledge of legal proceedings as doodguy.

If we start talking about lies or other matters regarding the truth, that is for trial, not for summary judgment. At least doodguy knew something of the law when he wrote:
"Defendant finds that there are no material disputed facts" because that would be necessary for the motion to succeed.
 

dave33

Senior Member
It seems dave33 has similar knowledge of legal proceedings as doodguy.

If we start talking about lies or other matters regarding the truth, that is for trial, not for summary judgment. At least doodguy knew something of the law when he wrote:
"Defendant finds that there are no material disputed facts" because that would be necessary for the motion to succeed.
How could you possibly know what it will take for that motion to succeed. Different states, different districts and different judges all handle these things differently. At the misdemeanor level there is very rarely lenghty in depth legal arguments. At that level matters regarding the truth is sometimes all that is taken into consideration. The calendars at that level sometimes have more than 50 people in a day to see and if the judge reads a report that is unbelievable than maybe he will make a decision to reflect that sentiment.

The legal proceedings at this level is very limited. Especially when going pro-se, that seems to sometimes annoy the judges when someone other than an attorney makes a legal argument.

In the past I have been through this a time or two myself. I guess anyone with limited knowledge would jump to the same conclusion as you.
 

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