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Indictable Offense

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Junior Member
New Jersey
I was charged with theft by unlawful taking. The person who filed the case lied and said me and a friend of mine took her computer. When in all actuality she had it the whole time and wanted revenged so she filed a claim. My friend sent her a text message from her phone stating "you had a pretty laptop once upon a time" The person who filed the claim repeatedly called my phone I called her back to tell her to leave me alone. At that time she was at the police station and the police found my information. So I was charged. I had nothing to do with her computer or a text message and yet I'm the one getting charged. I wanted to know if I needed an attorney, because I have two witnesses who can testify to the fact that the complaining witness knew her computer wasn't taken and still went and filed charges. I also have my phone bill to prove how many times she harassed my phone. I don't believe the prosecutor has enough against me to charge me with anything. After all the charged were filed the same complaining witness texts me an apologizes and stats she wants to drop the charges. I had to change my number, because she kept on calling and texting me like nothing happened. I know this is harassment. If I hire a lawyer I wanted to know if I can take the complaining witness to small claims to pay for my attorney fees. Can she get charged with filing false charges? Can I sue her for defamation?
 


Bird79

Junior Member
I know in my case, where the complaintant filed charges against me which I did nothing like she claims, I asked my lawyer if I could sue her in small claims court for my attorney fees, he said that she made the complaint, the police decides if a crime was made, if they believe so ( based on their investigation, which I learned does not have to be more then their opinion) then they file charges in the intrest of the state- so it is no longer the complaintant vs. suspect, it is the state vs. the charged person. The state and police have immunity so I am not able to sue her for my attorney fees.

With any luck she will have to be a witness (in my case) in my trial, lie under oath and commit purgery. I hear that people who commit purgery in petty matters like these are not often prosecuted, so the only advice I could say is go to the police and make a harrassment complaint based on her continuing to contact you for no purpose, they may not take it feeling it is a crossed complaint, but see if that may be an option.

The system sucks, anyone can accuse you of anything, then you have to waste time and energy dealing with other peoples issues. Good luck.
 

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