Vandalism case

[Michelleb2]

Milwaukee, WI

I received a citation for vandalism at the end of March 2010. I sent in a plea of not gulity. A few weeks later, I got a letter in the mail stating that they have no record of the citation,also,the other parties insurance company sent me to a collection agency to give them the $1,700 in the amount of the damages to the vechicle. That also got dropped because there was no police report, and no filing of the citation. Come a few days ago, I got a letter from the P.D. stating that my citation has been amended (a new court date and a higher citation $ amount). Why is the citation just being filed, amended, or whatever now, when this was almost 4 months ago?! I sent in yet another letter pleading not gulity, so as of now i am waiting on a new court date. My ? is,would you recommend a laywer?There is no evidence, although, I did admit to it at the time because the cops said I would go to jail if I didn't...I don't have any prior criminal history, or tickets of any sort, so I was not/am not very familiar with the law and my rights.

ALSO, can the other party's insurance company re-open that claim against me since there now is a citation on file?? Or/will the outcome of the court date determine wether or not they can file something against me??

 

[Antigone*]

Milwaukee, WI

I received a citation for vandalism at the end of March 2010. I sent in a plea of not gulity. A few weeks later, I got a letter in the mail stating that they have no record of the citation,also,the other parties insurance company sent me to a collection agency to give them the $1,700 in the amount of the damages to the vechicle. That also got dropped because there was no police report, and no filing of the citation. Come a few days ago, I got a letter from the P.D. stating that my citation has been amended (a new court date and a higher citation $ amount). Why is the citation just being filed, amended, or whatever now, when this was almost 4 months ago?! I sent in yet another letter pleading not gulity, so as of now i am waiting on a new court date. My ? is,would you recommend a laywer?There is no evidence, although, I did admit to it at the time because the cops said I would go to jail if I didn't...I don't have any prior criminal history, or tickets of any sort, so I was not/am not very familiar with the law and my rights.

ALSO, can the other party's insurance company re-open that claim against me since there now is a citation on file?? Or/will the outcome of the court date determine wether or not they can file something against me??

I'd say they have great evidence against you ~ your own words. A lawyer would be prudent. The other party's insurance does not have to wait for there to be a criminal complaint filed against you. You confessed that is all they need.

 

[Michelleb2]

I was told that a (the) police report is what is stated on the citation (under decribe violation)...no where in that description does it say that I admitted to anything.. to sum it up, it basically says "subject intentionally took her key.." and finishes with "without victims consent". It never says I admitted anything. Would you happen to know why the $ amount on the citation was raised, compared to my orignal citation?

 

[Antigone*]

I was told that a (the) police report is what is stated on the citation (under decribe violation)...no where in that description does it say that I admitted to anything.. to sum it up, it basically says "subject intentionally took her key.." and finishes with "without victims consent". It never says I admitted anything. Would you happen to know why the $ amount on the citation was raised, compared to my orignal citation?

Joe policeman is on the stand. Prosecutor's direct: "Officer Joe, did the defendent confess to you that she committed this crime?"

Officer Joe: "Yes."


Where police reports may speak volumes, policmen can be people of very few words and still get their point across.

So, Michele, was the an exboyfriend or the new girlfriend of an ex boyfriend's car that you keyed?

 

[Michelleb2]

I still think I have a case that I can fight, because, really there is no evidence. well, to me at least!
No exboyfriends, or girlfriends, or anything like that. Just was drunk and stupid, and someone pissed me off..

 

[Zigner]

I still think I have a case that I can fight, because, really there is no evidence. well, to me at least!
No exboyfriends, or girlfriends, or anything like that. Just was drunk and stupid, and someone pissed me off..

Then why did you bother coming here in the first place?

 

[Antigone*]

I still think I have a case that I can fight, because, really there is no evidence. well, to me at least!
No exboyfriends, or girlfriends, or anything like that. Just was drunk and stupid, and someone pissed me off..

See how easy it was to get you to stumble. You're sunk, but you go right on believing that you have a case... yep, you believe that.

 

[Michelleb2]

I am on a forum, and not in front of a judge and whatnot...I would never admit to anything in court..obviously!!
I just wanted other people imputs on my situation. My only other question is.... in court, will the police officers that responded to the situation be there? I think, in most cases they are, but i'm not 100% sure. Also, if I get a lawyer, will I have to be present at the court date or will my laywer just have to appear? Thanks!

 

[FlyingRon]

You can bet that they will have the police there. That's what the police get paid to do. If there were other witnesses, you can expect them to be subpoenaed as well.

I'd recommend a lawyer.

Whether the lawyer can stand for you at some or all of the proceedings is really at the discretion of the court. I would count on appearing. Judges like to see criminals appear before them, this isn't some traffic ticket you can mail in.

The police report gives you a clue to what the police know, but it is meaningless. The testimony of the officer is what matters. It's pretty clear that in their assessment, you committed the crime. Your lawyer (or probably the prosecution) will delve into what evidence they have that led them to that conclusion.

Note the criminal charge is completely distinct from the civil action. They don't need to prove "beyond a reasonable doubt," just a preponderance of the evidence. Unless they've been to court and lost (or dismissed with prejudice), they've got years to pursue this with you (apparently six years in Wisconsin).