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False Police report!

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KimInNY

Member
Op, I am not attacking you. I just think you SO don't understand the seriousness of this situation. Not even close.


I think OP means me, and thank you. My abuse is real which makes it more serious to me,

so I'm just going on experiance. not technical legal education, I have been represented by a wonderfull public defender in the past and I just dont think it needs to go as far as incriminateing herself.

But I dont live in MA (i think thats where she said she was) so my personal knowledge might possibly only apply to me, but I doubt it. All DV cases start out picke dup by the state but without the cooperaton of the complainant/victim (for whatever reason she doesnt want to cooperate) I dont think the DA will persue it too far.

Thats my 2 cents, Have a great weekend, (I AM NOT A LEGAL ADVISER, JUST AN ABUSED WOMAN)
 

mmmagique

Member
OP means original poster. (she said she felt she was being attacked.) I didn't mean to attack you either, btw.

The problem is...what if she is subpoenaed? What if she is required to answer questions? What if...when she 'lied' to the police they took pictures of the alleged abuse and they look like abuse?

Many states do go forward with charges because many many many abused people want to drop the charges later. Maybe because they are afraid, maybe because they believe it won't happen again, maybe because they believe that they are at fault. It's not always as easy as saying I don't wish to pursue this. The DA may wish to do so. It's not up to the victim.

This is a very complicated case. The OP may have been lying about the abuse, or, perhaps she wasn't.

Either way, I hope she tells the truth. It has a way of coming out eventually, anyway.

(and I hope you are no longer allowing the abuse to continue...)

~Christina
 

Lindabz35

Junior Member
Agreed. I was speaking of your advice that this will all blow over if she keeps her mouth shut.


Not necessarily true.

It's not always that easy.



I would be scared, were I him. Moreso were I her and had done what she has done.
WHAT ARE YOU TRYING TO SAY?
 

Lindabz35

Junior Member
I Did Not Realize How Serious The Situation I Was Getting Myself Into Really Was At The Time. I Dont Really Know What To Do, Or Where To Go. I Called The Court House, The Judge's Secretary Advised Me Not To Say I Made A False Report Because They Will Bring It Up, She Instead Advised Me To Go To The Da's Office And Tell Them I Was Not Going To Testify In Court. She Then Explained To Me( What The KimNY Was Sayin) Wihout My Testification, Or Any Evidence ( Even With Pictures) The Da Wont Really Have Much To Pursue. The Main Key To The Prosecution Is The Victims Testimony. In The Case They Do Not Have One. They Will Have To Wait And See If Anything Else Happens, But Will Most Likely End Up Having To Dismiss The Case Altogether. I Am Very Scared, I Don't Really Know Where To Go, Or What To Do. I Hope When I Go On Mon. She Is Right. I Don't Want Him To End Up Doing Time, I Just Want To Move On Without Any Problems On My Shoulders.
I Appreciate Your Advise It Has Helped Me.

]
 

Ohiogal

Queen Bee
I Did Not Realize How Serious The Situation I Was Getting Myself Into Really Was At The Time.
You didn't know that lying to the police and breaking the law was serious? Oh that is nice.

I Dont Really Know What To Do, Or Where To Go.
Anywhere. Home. Nowhere. Don't care.
I Called The Court House, The Judge's Secretary Advised Me Not To Say I Made A False Report Because They Will Bring It Up, She Instead Advised Me To Go To The Da's Office And Tell Them I Was Not Going To Testify In Court. She Then Explained To Me( What The KimNY Was Sayin) Wihout My Testification, Or Any Evidence ( Even With Pictures) The Da Wont Really Have Much To Pursue.
You are a disgrace to all women who are actually abused. The judge's secretary is NOT legally allowed to give you any advice. The DA can pursue charges against you. Testification? How about testimony -- that is the proper word that educated people use. The DA can pursue. They can subpoena you. If you don't show up, they can put a warrant out for your arrest. Whether they will do that is a choice they will make. And quite frankly if I could find your DA's office I would more than happily send your thread to them to show what kind of liar they are dealing with and this could help convict you.

The Main Key To The Prosecution Is The Victims Testimony.
Not always. Think murder victims. Usually there is NO victim testimony at all.

In The Case They Do Not Have One.
Yes they do. They have you. Who made a complaint. They can use that against you. They can subpoena. They can force your butt into court.

They Will Have To Wait And See If Anything Else Happens, But Will Most Likely End Up Having To Dismiss The Case Altogether.
Could but no guarantees.

I Am Very Scared, I Don't Really Know Where To Go, Or What To Do. I Hope When I Go On Mon. She Is Right. I Don't Want Him To End Up Doing Time, I Just Want To Move On Without Any Problems On My Shoulders.
You don't want him to do time but you dont' want to tell the truth. You are a disgrace and quite frankly, you are making it that much harder for women that have actually experienced abuse. You are selfish, vindictive, vengeful and quite frankly you deserve to spend some time in a cell thinking about it. Any problems? You created the problems.

And by the way I am not stupid. Who am I? An attorney that deals with individuals like you. I am glad you are very scared. You deserve to be VERY afraid for the destruction you have wrought. You did this yourself. As for not judging you? Oh you stupid ignorant person -- what do you think DA and the judge will do? And court records are PUBLIC. So what will the public do? Judge you.
 
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Ohiogal

Queen Bee
WHAT ARE YOU TRYING TO SAY?
That you could be facing charges and you can be forced to testify. If you do testify that he did something then you are looking at committing a felony. So you would either have to admit to breaking the law while on the stand or you would have to commit a felony and send an innocent person to jail because you are immature. Jeez. This is not over yet.
 

davew128

Senior Member
I think OP means me, and thank you. My abuse is real which makes it more serious to me,

so I'm just going on experiance. not technical legal education, I have been represented by a wonderfull public defender in the past and I just dont think it needs to go as far as incriminateing herself.

But I dont live in MA (i think thats where she said she was) so my personal knowledge might possibly only apply to me, but I doubt it. All DV cases start out picke dup by the state but without the cooperaton of the complainant/victim (for whatever reason she doesnt want to cooperate) I dont think the DA will persue it too far.
You said yourself you don't live in MA. I did. I saw first hand what happens in courtrooms when a man is accused of domestic violence and where evidence or lack thereof is irrelevant. The judges don't want the defendant to turn into the next Ted Bundy and get the judge's name in the newspaper. Being held on high bail with no evidence and a recanting, uncooperative or blatantly untruthful witness is commonplace.

Bottom line, there is the law as its written and then there is the law as its applied. Quite honestly telling OP that her man needs a lawyer is true. However it might not be enough and even if he is exonerated in the end, I for one would not be too thrilled for having dealt with the whole unnecessary and highly stressful process in the first place, something you seem to have missed.
 

KimInNY

Member
You said yourself you don't live in MA. I did. I saw first hand what happens in courtrooms when a man is accused of domestic violence and where evidence or lack thereof is irrelevant. The judges don't want the defendant to turn into the next Ted Bundy and get the judge's name in the newspaper. Being held on high bail with no evidence and a recanting, uncooperative or blatantly untruthful witness is commonplace.


BUT AFTER HE MAKES BAIL, OR HE GETS HIS SECOND HEARING AND STILL THEY HAVE NOTHING, THEY LET HIM GO, WITH COURT DATES, ORDER OF PROTECTION, AND WAIT TO SEE WHAT TURNS UP BEORE THEY HAVE TO DROP THE CHARGES, OR GET HIM TO PLEA DOWN. (IN NY, IN MY SITUATION, EVERYTIME. )



Bottom line, there is the law as its written and then there is the law as its applied. Quite honestly telling OP that her man needs a lawyer is true. However it might not be enough and even if he is exonerated in the end, I for one would not be too thrilled for having dealt with the whole unnecessary and highly stressful process in the first place, something you seem to have missed.

No, I definately live in NY. I have sat thru many a case here and been thru many of my very own. My experiance is with the dude im with in the district court i live in with the same judge who I see for everything that has to do with DV. So granted I have no formal schooling, but i have life lessons, which i value more.






I compleately agree its a sticky situation, and all cases are not the same, but overall the facts are with no victim theres no case, and if by chance it comes to a suppena, I'm sure a lawyer can consult with her to minimize the damage to herself.


Finally, in respect to the guy in the situation, thats what he gets. I'm so sure he is not innocent, and he really hurt this girl to have gone thru all this trubble, because hes so wonderful. And if not so bad,at verry least he learned a lesson to stay away, or dont piss off this chick, and like I said , Life lessons are just as valuable as expencive schooling not everyone is lucky enough to be privlage to. So what he doesnt like it. hes not innocent and better watch his steps while the DA is trying to make a case against him.
 

KimInNY

Member
Linda,

(if thats your name.)

I live in NY, I am not a lawyer, judge or procecuter so my advise is person to person. I think nomatter what goes down youll find i may be exactly correct.

I have not made any promice to defend or represent the law in any way, but I have been thru a process or two in my CRAAAAZZZY life, so with that being said,

These people are total "correct" people who are staying on the safe side of the street, Probably have not been :in: the situation, and I doubt any are public DA's or ADA's here and even if there were for sure they wouldnt tell you what I am.

Da's have too much to do. They will hold the case as long as they can to see what comes up, but without you there's nothing. There probably not going to suppena you, and if they do consult a lawyer in your area about how to go about minimizing damages(to yourself of corse.)

All I'm saying, is My Scumbag pointed a gun in my neck, and of corse I complained, they kept him a week on a high bail, The DA called me and I told her whatever she wants to do, she will do it without me, and altho they have sent letters about compleating there case for trial, and 1 yr and 1/2 later, I fully expect they are going to ACDOD him on his last date in DEC.



So in the end, you have heard all the sides here, and you can do what you want. Im just putting the side of the abused / hurt woman who cant possibly be the one to put her scummer in jail. and I think if my actual complaints to the police, and all the times I been in over something with him, if anyone was going to suppena anyone My ADA would have done so for me, and since that has never been the case I am confident for you ( subject to the size of your district and how busy your DA is, of corse.)


Good luck,

Kim.


Ps, you said, all the things I said was kind of confirmed when you went to the court, sooo.... maby i am right. lol .

Seriously, dont use the cops and court to make false accusations in rage again, cause seriously, that might come back to get you, just get over this and get over it.
 

Lauram78

Member
I understand now why the state is prosecuting, is there any chance that I might be able to expalin to a judge that I made false allegations on the defendant.
Can I ask you WHY you made those false allegations? Not that your reasons are an excuse.
 
Sorry, I'm a little slow today since it's Monday, but can you please explain to me how OG encouraged you to commit another crime? She told you to admit under oath that you filed a false report, which according to you is the truth, am I correct?

I'm starting to think there is some sort of contest going on out there in CRAZY WORLD. You have to antagonize Ohiogal by asking idiotic questions and then screaming at her when she responds. The worst offender wins. I don't know. I think it's going to be a close race.
 
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mmmagique

Member
Finally, in respect to the guy in the situation, thats what he gets. I'm so sure he is not innocent, and he really hurt this girl to have gone thru all this trubble, because hes so wonderful. And if not so bad,at verry least he learned a lesson to stay away, or dont piss off this chick, and like I said , Life lessons are just as valuable as expencive schooling not everyone is lucky enough to be privlage to. So what he doesnt like it. hes not innocent and better watch his steps while the DA is trying to make a case against him.
This is ridiculous. So, if someone "pisses a chick off" he/she deserves to be painted with the brush of dv?
You can't mean that.
Can you?!!!
 

KimInNY

Member
This is ridiculous. So, if someone "pisses a chick off" he/she deserves to be painted with the brush of dv?
You can't mean that.
Can you?!!!


Well in this case I believe he is not innocent, and may deserve the innoyance of court dates, and maby they all need to grow up. (at the very least) Learn a lesson, bring some positivity to the situation.


And yes,depending on the degree of *pissed off* it can be concidered abuse. I get pissed off when hubby doesnt come home and I find that to be part of the abuse, I get pissed off when bills are unpaid its left totally to me to pay and I do this all the time, again part of the abuse. I get pissed off when I feel or find out that he is cheating on me, again part of the abuse,. so im going to go with yes,. I do mean that. in my case and the limited posting of this case,.

Some women get pissed off but dont connect it with emotional / financial./ mental abuse so I generalize that if a woman is pissed off enough to file a false report, there is something very wrong.

Sorry, Not like it will be on his record as DV if the case is dropped. Just a life lesson to both Poster and Posters boyfriend.

Ps she claims she found he was sleeping with a number of other women, yea, thats abuse especially if he was leading her to believe something else. She just reacted alittle irrationally. Shes young yet, she'll learn.
 

davew128

Senior Member
Well in this case I believe he is not innocent, and may deserve the innoyance of court dates, and maby they all need to grow up. (at the very least) Learn a lesson, bring some positivity to the situation.


And yes,depending on the degree of *pissed off* it can be concidered abuse. I get pissed off when hubby doesnt come home and I find that to be part of the abuse, I get pissed off when bills are unpaid its left totally to me to pay and I do this all the time, again part of the abuse. I get pissed off when I feel or find out that he is cheating on me, again part of the abuse,. so im going to go with yes,. I do mean that. in my case and the limited posting of this case,.

Some women get pissed off but dont connect it with emotional / financial./ mental abuse so I generalize that if a woman is pissed off enough to file a false report, there is something very wrong.

Sorry, Not like it will be on his record as DV if the case is dropped. Just a life lesson to both Poster and Posters boyfriend.

Ps she claims she found he was sleeping with a number of other women, yea, thats abuse especially if he was leading her to believe something else. She just reacted alittle irrationally. Shes young yet, she'll learn.
Lady, the BF WILL have a record even if the case is dropped or he is acquitted. Arrest records in Mass are governed by CORI. The mere fact of his court appearance is on his public record and he won't be able to get the case sealed on his record unless he can demonstrate actual harm to him such as actual denial of a job or an apartment. What if he was held in jail on bail? What if he has to pay attorney fees? Your comment about a life lesson to HIM is asinine. If HE did nothing wrong in the first place, why is HE the one going through anxiety and legal problems?

Stop painting all men with the DV brush just because you had a bad situation. You have some serious mental issues if you think its ok that she filed a false report because he must have done SOMETHING. Last time I checked, cheating on a significant other didn't constitute anything other than being promiscuous which in a legal sense doesn't amount to anything. Bad but legal behavior doesn't justify using DV as a weapon to get what you want, and you're own clouded past is preventing you from seeing that women DO use it as a weapon.
 
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