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Criminal Mischief Arrest From My Own Home?

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themadchemist74

Junior Member
What is the name of your state? TEXAS

A Few week ago I was arrested for Criminal Mischief $50 to $500 by the local police from my own home. My wife and I had been fighting all weekend. I suppected her of cheating on me and vice versa. Well on sunday I decided to do some honeydoos around the house (fix a faulty alarm sensor, rewire some electrical conduit, ect.). This entailed me getting into the attic to get to the wires and fix them. In the process I discovered that there was some wierd looking devices installed in the attic. I have know idea where they came from or what they were. Them I noticed that there was weird looking cuts (with saws) made to several places in the exterior structre of the house. I couldn't figure it out, but them I started thinking that possibly they were monitoring devices (since they were hooked up to the cable internet line and to the phone line) and that the saw cuts were made so that some one could get easy access to these devices. When I asked my wife about it she became furious and called the local cops on me twice (which several have personal dislike for me). Each time the showed up she told them I was on drugs and acting crazy. The second time that they showed up I was arrested and charged with criminal mischief $50 - $500. Claiming that I made extensive damage to the house. The only damage that I made was by accident (I fell and cracked two boards) , which was expressed to them by me and my wife. Also I cost me $13 two repair those boards! My wife claims that she didn't know that they were going to arrest me, and that they lied about what they were charging me with (I didn't find out myself until I was already booked and jailed, since they had to talk to the ADA to figure something out). They claim that I was druged out of my mind and acting crazy. So I asked them to search me for drugs and give my a drug test. They did return to my house to search for drugs which they did not find!!! But they refused to give me a drug test. My wife and I are both ready to testify that no criminal activites took place and that there was no damage done to the house. My arrainment is coming up and I was wondering how I can fight this BS and if I have a claim for false arrest.

THANX
 


CdwJava

Senior Member
Well, as I see it, if there was no damage done to the home you might be able to sue your wife for calling the police and lying to them about what you did. But I don't see any claim against the police for arresting you based on what your wife told them.

If you want to get the expensive answer, consult an attorney. But as long as your wife made the call and made the accusations, the chances are the arrest was good.

- Carl
 

themadchemist74

Junior Member
Thanks cdwjava

Thank you for the advice cdwjava.

What should I do when I appear before the judge or what do you suggest I do since the ADA won't talk to either of us to even get the charges droped?


Thanks
 

CdwJava

Senior Member
themadchemist74 said:
Thank you for the advice cdwjava.

What should I do when I appear before the judge or what do you suggest I do since the ADA won't talk to either of us to even get the charges droped?
Not being too familiar with the process in TX I can only recommend you consult an attorney to intercede on your behalf. Your attorney can try and demonstrate to the DA that they have no case without the reporting party's testimony. Maybe that will be enough. However, if the cops have been out to your place a lot, the DA may not be interested in dropping the charges.

- Carl
 
S

seniorjudge

Guest
themadchemist74 said:
Thank you for the advice cdwjava.

What should I do when I appear before the judge or what do you suggest I do since the ADA won't talk to either of us to even get the charges droped?


Thanks
Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and the ticket not go on your record, if applicable.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Other people may give you other advice; stand by.


My wife claims that she didn't know that they were going to arrest me....

Why, then, did your wife call the cops?
 

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