Criminal Mischief (Property Damage / Vandalism )

Indiana

I am proceeding pro se in charges filed against me by the state. The charges are criminal mischief, misdemeanor. A damage amount has never been determined and the charges(damages) were dropped because the local victims advocate was unable to find the victim.
Last year 08/30/02 these charges were filed on me. I was summoned to court a week later because of a testimony(statement) given by a 'witness'. He said I was responsible for the damages. It's his word against mine. The damages were done to the inside of a locked building to which I did not have a key. The witness who was the manager had the key to the building. Until 1 week ago the police report was considered active. Because of this I have been unable to get a copy. Recently I demanded the case be inactive as I need a copy to properly represent myself. I do not feel a years worth of investigation was needed. I was told it will be 1 week as they review the case and decide if they will give me a copy. I have 2 witnesses who will testify that I was not present in the building at the time the manager claimed I did the damage(alibi). Unless I posess some kind of supernatural power to walk through walls I feel it is impossible for me to damage the interior of any building without gaining entry as I was not the one with the key. NO DAMAGE was done to the outside of the building, none what so ever.
I was told by the judge and the prosecutor last year my only logical decision would be to enter a program called pre trial diversion. The cost of this program is $300. It was also demanded I devote 50 hours of my life to community service and be responsible for any restitution if the 'victim' is ever located. The victim has not yet been located and I have been told this has been waived until he is found(owner of business who rented building). I had every intention of completing this program as it was reccomended as my best option by the judge.
Recently I found I had other options to prove my innocence. Ones that do not demand a $1000 + retainer fee of a local attorney. I can represent myself 'Pro Se'. I am attempting to figure out what evidence the state has against me. I contacted the court in attempt to get access to a probable cause affidavit. Other than being treated rudely there was no success to this call. I was told because I was summoned to court this was not avaible. . . A bench trial is set for sometime in August.

1) How do I obtain copies of any evidence the state has against me? Testimony and such? Is it true no Probable Cause Affidavit exists? Am I missing something? Is it possible I will go into court and this guy will point to me and say, "He did it"? Is this what they are basing their case on?

2) Do I need to file paperwork to represent myself pro se?

3) How do I summon witnesses on my behalf to court? I understand a notarized statement is not as good as someone actually appearing before a judge. However, if they are unable to make the court date(time off work) is this acceptable? Do I simply bring the paper with me?

4) Does anyone reccomend any articles, books, webpages or files that may deal directly with my case?

5) Does anyone reccomend any text files or articles on questioning witnesses / cross examination?

6) Will the prosecutor 'interview' this witness prior to the case? Can I get a copy of this interview? Whats it called?

7) Am I using proper terminology?

8) Anyone have any additional advice?

9) Can I get / demand a jury trial? Why was there no preliminary hearing? Can I request that?

10) Lastly "His word against mine". Is this a strong case? What is this called? Is there a term for it?
Feel free to contact me via email or this forum. In advance thanks for any help.

Tony Schwartz
Bloomington, Indiana
[email protected]

Anyone?

No suggestions?

I would fight this if I were you. Have the court clerk subpeona your two witnessess for your defense. Why would the prosecutor and judge tell you that your only "logical" decision would be to enter a pre trial diversion? Did they also tell you that you would still have a record of this arrest if you take this plea of diversion? Why cop a plea if you are innocent as you state? The burden of proof is on the prosecuting attorney. If it's left up to one guy pointing a finger and saying "He did it" and you, plus 2 witnessess say you were elsewhere....sounds like three against 1. If you are guilty of this crime, I agree with the judge...take the diversion program.

Have the court clerk subpeona your two witnessess for your defense

Click to expand...

WHOA big fella. The clerk can't subpoena anyone. What the clerk can do is give you the forms to fill out so that a subpoena can issue. And the subpoena can be for the witnesses or for the police report (duces tecum) and any other papers involved in the case.

That is the danger of proceeding 'pro se', you don't know half of what you need to know including the rights of discovery, to take depositions and to pre-trial motions including a finding of fact and/or to dismiss the charges.

Get an attorney. You're in way over your head.

Thank you. That's what happens when I try to eat lunch, talk on the phone and type at the same time. I should have re-read my post before posting it.

Wrong way?

Right now I am unable to get a public defender. Other areas of my life demand the use of $1,500, over a retainer for a local attorney. My court date is quickly approaching. I am in need of assistance from anyone. I apologize if I incorrectly asked any questions or I did not provide enough information(details / facts) for someone to properly address them. If this is the case please let me know what information is needed to properly answer my questions. I will change, add to or 'update' my recent post on this forum to help you better assist me. I am unsure if pro se representation is the best option for me. However, at this moment it is all I have. It is very important I understand as much as I can about the law and court room procedure. Information on pro-se representation on the net is at times difficult to tell apart the good from the bad, true from false. So, I was hoping this forum would provide me with better success to answer a few of my questions and provide me with better insight into which steps to take next. In advance I would like to thank anyone for their help.
Lastly if someone could reccomend a book or website that has information about writing a demand of discovery letter to both the prosecutor and the police department I would be greatful. I am interested in knowing what to and what not to say in this letter and the general 'format'. Possibly if someone had a sample letter this would help a great deal. Or if there are just general 'structure guidelines' to follow I would be interested in learning about these.
Once again I would like to thank everyone in advance for any assistance with this. Feel free to post on this forum or directly email me.

Thanks,
Tony J Schwartz

Here is the problem with your post: Your questions are far too extensive for a forum such as this. Basically you are asking if there is an attorney, because that is the only person who can answer all these questions, who is willing to set down at their computer and act as co-counsel for you in a pro se criminal case. Realistically that isn't going to happen. There is a reason why law school is a three year graduate program. It isn't easy. In fact, the volume and the speed at which information is provided to a law school student is just a whole like requiring them to drink from a fire hydrant. Legal knowledge needed in a criminal case cannot be reduced to ten easy Q&A.

Go to a law library and look in form books for forms. You will also need to know the elements for the offense that you are being charged with as stated in the penal code for your state. This will tell you each element that the prosecutor is required to prove up in order to get a conviction. You will also need a working knowledge of the code of criminal procedure and the rules of evidence. You should also read a book or two on trial techniques.