Unbelievable assault charge

[aftermath]

What is the name of your state? Maryland

This is the most unbelievable thing that has ever happened to me! I questioned an automobile repair bill and they file an assault charge 40 days later.

Let me give you the scenario.

My wife, sister-in-law and I are traveling to a family get together in South Carolina when the car breaks down in Maryland. We call a towing company to get our car to the local dealership.

At the dealership they plug the car into a diagnostic machine and it lists the problem. The service guy gives me an estimate on the problem which reflects the part cost and the number of hours it will take to fix the vehicle. I sign the estimate and wait for them to get to my car.

We anxiously wait for the car to be brought into the garage. I continually keep an eye out for when the vehicle goes in and I watch the repair process through the window to the service bays.

All seems well, the car is in and out in less than one hour. Then comes the bill which reflects hours of work. I am upset and question the bill. The service guy states that I agreed to the estimate. I reply that was because I thought it would take that long. I add that the car hasn't even been in the garage close to the number of hours listed on the bill. The service guy defiantly tells me that if I don't pay the bill (at the signed estimate) he won't give me the car. I ask to speak to someone else. He tells me there is no one else that I can talk to.

At this point I am thinking he is taking advantage of an out-of-towner. I say to him something like - So you are telling me that even though it didn't take even half the time you estimated you are still going to charge me, there is no one else I can talk to, and you are keeping my car? The service guy points to the secretary and says "We can call the police if you like". I say "Lets do it". I turn to the secretary and ask her to please call.

The police show up and tell me there is nothing they can do; that I'd have to take him to court. So I give in, pay the bill, and we leave.

Now comes the unbelievable part.

At my home I start receiving letters in the mail from law offices in Maryland asking if I need legal help. After several, I call one and ask where they are getting this information. They tell me it is from public records and a case has been filed against me. I figure there has to be some mistake so I call the county court.

They were correct; the service guy at the dealership filed an assault charge! And it was filed 40 days after I was at the dealership. My voice may have been somewhat elevated, but there was no hint of violence, threats, or intimidation on my part.

A person at the court told me that because I reside out of the state they will not serve(not sure if that was the word she used) me. That most likely it will go to "null process" and I will end up getting something in the mail. She did suggest I hire someone. She said that this will be publicly recorded and I would have to file to have it expunged, which is a new term I am trying to learn the meaning of. She also said expungement would take about 120 days to happen!

I feel powerless. How can this be? All I did was question the bill. I don't live anywhere near Maryland which makes things much worse. The cost of hiring someone is a concern. Should I hire locally or hire someone from Maryland? Then there is the embarrassment of the thought of an assault charge against me. I did request a copy of what was filed, it should arrive soon.

 

[garrula lingua]

You need an atty who practices in that court - a local Maryland atty. (Ck the atty's address on mapquest).

Call the court clerk. Most courts have a 'panel of attys' in criminal law - they are the listed attys who are appointed when PD can't take the case.

The police report is the key - what did the 'victim' say happened ?

Did the Prosecutor file a case, and/or did the law enforcement agency issue a warrant ?

I would call the law enforcement agency who took the report, to offer your corrected version of the events. Sometimes the officer assigned to the case will submit a supplemental report which would convince the Prosecutor that the case should not have been filed & should be dismissed ASAP.
Stay calm. Repair guy either gave incorrect info, or 'Deliverance' music is playing in that court.

After disposition of the case, I would also write the Mayor of the town (and the Convention/Visitor's Bureau), and ask if there is any 'oversight' agency (Police Commission, etc) which would investigate this treatment of tourists/travelers in their town.
At a minimum, Repair Guy should be charged with making a false report (unlikely, but you can try) and should reimburse you for your expenses.

 

[aftermath]

Thank you for your reply. You have given me some excellent advice.

Today I should receive a court copy of what was filed. That should give me some insight. Would a police report be a separate report I need to obtain?

I don't know about

Did the Prosecutor file a case, and/or did the law enforcement agency issue a warrant ?

There was no mention of a warrant when I talked to the person at the county court.

I will try to find out who took the report and call them.

I will also call, as you suggested, to get names from the panel of attorneys.

This is so bizarre - There has to be incorrect information given from the dealership's service person. My wife and I are dumbfounded.

 

[aftermath]

Update:

I called the police department to find out if anything was filed back in February and there was.

It was disturbing to me because there is only one side to the event. Basically the service guy has his version in the report. It said that I crumpled up the bill and hit him in the head with it. The police never asked me for my account. At the time, I had no idea what he had said to the officers; they talked with him in his office.

I am now extremely concerned. We were standing face to face discussing this bill. In frustration I crumpled up the bill and tossed it in the air between us, it bounced off his head and fell on the counter. So it is technically somewhat accurate.

What now??

 

[garrula lingua]

I'm surprised that case was filed. Bad of you to throw anything, anywhere, but no assault.

I don't think a Prosecutor would want to go to trial on that case - the bill hit him on the head ? If you tossed the bill in the air, I don't know how the Pros can prove the necessary intent to commit assault.


Hopefully, your case will be cleared after one appearance.

Regarding my wording - defendants are usu 'cited' to court via citation, or a warrant is issued by the police agency. Some law enforcement agencies use letters to cite a person to court. A defendant has to be advised of a court appearance, before a court will issue a bench warrant for a non-appearance at court.

Law enforcement will usu speak to both sides; your home address and phone should have been on the bill. Most law enforcement won't seek an arrest warrant unless they are sure of the facts. Were there witnesses there when this occurred ?

It does sound as though you need an atty (hopefully, one who works in that court).

 

[RedemptionMan]

Yes you need an attorney. Assault is an easy enough charge to have filed against you since I am sure that you were not in a NORMAL state of mind. The charge has a stipulation of a threat of force in which the other person has a fear of bodily harm.

Just so you know. Mechanics (no matter where they are located) bill for flag hours on your car. If the book says it takes 3 hours and it actually took only thirty minutes then you are still billed for the 3 hours that the book says the repair should take. No matter how outrageous you thought the bill was. I am sure that he will provide proof that the repair was indeed the amount he billed you.

Good luck with it......