Criminal Mischief 2 and Criminal Trespassing 3

[fhdyeks]

What is the name of your state (only U.S. law)? Alabama

In December, my daughter's father was having visitation with our daughter. Him and his wife were going through a nasty break up, so she decided to come to my house while he was visiting. She ended up flatting my tires and put minor scratches on my car. I did press charges on her and they charged her with criminal mischief and criminal trespassing. She went to court and pleaded not guilty. My daughter's father and I are not on talking terms AGAIN because I decided to press charges against her. They also pressed charges against each other (Reckless Endangerment), but since they are working on their marriage, they are going to try and have the charges dropped. Before standing my ground against him, he told me that she wanted to apologize so I wouldn't file charges. This is her second time doing this to my car. The first time was in March of 2012 while my daughter's father and I were at child support court. She sent me a text message after court that said "I hope you have a blow out". This time, she sent a text message (he gave her my number) and the text message said "I don't care if you press charges. Court cost is less than $200". I saw her with the scissors in her hand because my blinds were open. I also saw her walk on the side of my car and flat my tires (also saw her flat his back driver side tire). He was inside when she flat my tires because she maced him. The police were called and they did write out a police report. She had already left the scene, so I had to go down to the magistrate to file the charges. My daughter's father did put tires on my car. He get tires for free from him job (works at a car lot), however, the tires are the wrong size, so either way, I still had to put the right size on my car.

She went to court today and pleaded not guilty. I need to know how to prepare for this trial. Since my daughter's father (her husband) and I are on bad terms, he would probably be her witness. I do have pictures, the text messages, and also estimates.

I do want to add that the reckless endangerment charge that she filed against him, she put down that it occurred at my house (not sure if that will help my case or not).

Any advice on this crazy drama will be greatly appreciated.

 

[dave33]

There is nothing you can do to prepare. If this matter goes to trial, show up to testify (if you are ordered to do so).

You do not yet know if this will even get to trial, so be patient and make sure you have good documentation concerning the car repairs.

I guess you can prepare by making sure that your paperwork (estimate, bill) is in order. goodluck.

 

[fhdyeks]

Thank you for the response. Yes, it is going to trial. She pleaded not guilty, and I was served on yesterday. I believe the only reason why she pleaded not guilty is because my daughter's father (her husband) is going to be her witness. Is this possible? This case is between her and I, and they have cases against each other as well. She was suppose to have a trial today for the charges he pressed against her, but it was continued due to him not showing (court docket is accessible to the public). Her and I have court on next Thursday, but how will the judge handle things since he didn't show for his trial date, but is there to go against me? Now remind you, all of this happened at my house. I am picking up the police statements on tomorrow where both him and I made a statement to the police, and he also had to receive medical attention on the scene. I know every judge is different, but can he speak as her witness even though he did make a statement? I just want to be able to handle anything that comes my way. Thanks in advance for any responses.

 

[Antigone*]

Thank you for the response. Yes, it is going to trial. She pleaded not guilty, and I was served on yesterday. I believe the only reason why she pleaded not guilty is because my daughter's father (her husband) is going to be her witness. Is this possible? This case is between her and I, and they have cases against each other as well. She was suppose to have a trial today for the charges he pressed against her, but it was continued due to him not showing (court docket is accessible to the public). Her and I have court on next Thursday, but how will the judge handle things since he didn't show for his trial date, but is there to go against me? Now remind you, all of this happened at my house. I am picking up the police statements on tomorrow where both him and I made a statement to the police, and he also had to receive medical attention on the scene. I know every judge is different, but can he speak as her witness even though he did make a statement? I just want to be able to handle anything that comes my way. Thanks in advance for any responses.

You don't need to handle this situation, the prosecutor will take care of business. You are a victim and possibly a witness if they choose to call you. She is entitled to her own defense and that includes her husband.

 

[fhdyeks]

I don't really know how all of this court stuff work. I just find it odd that he could possibly be her defense, when she also filed charges on him the same exact night and had my address down, so maybe she will incriminate herself more when it comes to the trespassing charge, but thank you for your response. I will definitely bring it to the prosecutor's attention.