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False police report

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justalayman

Senior Member
Thank you for your time. The officer I spoke to said the report had not been sent to the Prosecutor yet, they don't work that fast.

I'm pretty sure that I couldn't go around the police, walk into the Prosecutor's office and ask him the threaten charges, so it is interesting to me that he sent the letter. I wish I could make the letter available but I'm not sure I should do that.

I may have to spend money in order to be sure. It just irks me that he can do this.

Thank you again.
Actually, you can. Not all criminal investigations are initiated by a report to the police. The prosecution can and has taken the action to investigate and prosecute a case on their own volition. It’s not all that common but it is possible.

If the complainant knows the prosecutor, it makes it even more likely the prosecutor could initiate a prosecution without an initial police report.

Or it may be the prosecutor is “doing the guy a favor” and applying some pressure but if the complainant has any belief his claim is valid, there is nothing unlawful going on.

Regardless, as others have stated, it would appear the prosecutor is either doing a favor or is attempting to render some advice to avoid a prosecution. You need to understand; a prosecutor can file charges on their belief a crime has been committed. The trial is where thedefendant proves the charges unwarranted. I don’t know if the prosecutor would file charges in your case but given the involvement she statements to date, I wouldn’t be surprised to hear s/he has.


I would take action to settle the dispute of the other party.
 


majomom1

Senior Member
Actually, you can. Not all criminal investigations are initiated by a report to the police. The prosecution can and has taken the action to investigate and prosecute a case on their own volition. It’s not all that common but it is possible.

If the complainant knows the prosecutor, it makes it even more likely the prosecutor could initiate a prosecution without an initial police report.

Or it may be the prosecutor is “doing the guy a favor” and applying some pressure but if the complainant has any belief his claim is valid, there is nothing unlawful going on.

Regardless, as others have stated, it would appear the prosecutor is either doing a favor or is attempting to render some advice to avoid a prosecution. You need to understand; a prosecutor can file charges on their belief a crime has been committed. The trial is where thedefendant proves the charges unwarranted. I don’t know if the prosecutor would file charges in your case but given the involvement she statements to date, I wouldn’t be surprised to hear s/he has.


I would take action to settle the dispute of the other party.
Thank you justalayman.... that has been my concern. My ex has bragged that he can get away with anything in this city. It is not his reputation, but his family that has "contacts". As you may have figured out, there is an ongoing issue here. I started documenting, and recording, a long time ago.

My ex is not aware of all my evidence and I can prove that he did confirm these items were there before I left. The items he claims I took are proof of his income, "to show an attorney because I believe he owes me money". After that, he has come back and texted me that he has discovered more items missing. He was making a list... but I took pictures & video during our final walk through. I also had my son take pictures and notes. I suspected the ex was going to pull something like this... I just didn't expect him to try and have criminal charges filed against me.

I do question your statement that a prosecutor can file charges on their belief. Can you expand on that? I do believe that he was doing a favor, but in doing that he has "bullied" me and violated my rights. I am reading on the city website that they have to have probable cause. I would take that to mean some kind of proof, not just the ex's word. He could have run a quick search of the ex's name and seen multiple police calls to his address, a prior restraining order and my civil case. I would think that a prosecutor would want more investigation before filing, or threatening to file charges.

Thanks again. All thoughts and suggestions here are greatly appreciated. I am hoping my civil attorney gets some time to call me this week. I would prefer to proceed through him rather than contacting the ex directly. I have just learned the hard way that I need multiple types of attorneys here... and that can get expensive. Any information I can get to build my list of questions will help on the final bill.
 

justalayman

Senior Member
A prosecutor makes a decision to file charges based on their belief, or opinion if you will, thst there has been s crime committed. Until a person is convicted in court, that’s all there is.
Probable cause is facts or claims combined with the belief of the prosecutor that some crime has been committed. Many charges are filed with little more than a person claiming they have been attacked, injured, whatever. It is the belief of the prosecutor that moves it forward. Depending on the level of crime, probable cause is,proven after charges are filed. If a court does not agree there is probable cause to maintain the charges, they will be dismissed. In a misdemeanor charge many states don’t required probable cause hearings but simply allow the trial to move forward due to the prosecutor filing charges.


The ex’s statement is evidence and depending on the circumstances, may be all,the probable cause required to file charges
 

majomom1

Senior Member
A prosecutor makes a decision to file charges based on their belief, or opinion if you will, thst there has been s crime committed. Until a person is convicted in court, that’s all there is.
Probable cause is facts or claims combined with the belief of the prosecutor that some crime has been committed. Many charges are filed with little more than a person claiming they have been attacked, injured, whatever. It is the belief of the prosecutor that moves it forward. Depending on the level of crime, probable cause is,proven after charges are filed. If a court does not agree there is probable cause to maintain the charges, they will be dismissed. In a misdemeanor charge many states don’t required probable cause hearings but simply allow the trial to move forward due to the prosecutor filing charges.


The ex’s statement is evidence and depending on the circumstances, may be all,the probable cause required to file charges

Thank you. I don't like it, but I see what you are saying. I'm sure this guy will be very angry with my ex when it all comes out. He does know about the supplement I filed to the police report, listing the witnesses and other issues so I am not sure any charges will be filed, but the not knowing is the part that is driving me up the wall. I believe there is a 1 or 2 year window for this to be filed. I am not waiting.

Again, the officer said this was all a civil matter and would not normally have even gone to the prosecutor. It's just too bad that he will do "favors" for some and not everyone. When I tried to see him in person, his door was locked. He had no secretary or anything... so it's interesting that the ex was able to reach him.
 

quincy

Senior Member
Until charges are filed, I am not seeing that you have a reason to worry. I can't imagine any prosecutor wanting to move ahead with a criminal charge based on a complaint such as the one your ex made - at least with what you have said in your posts. If there is more to the story, that could certainly change my opinion.

It is probably smart that you are seeking out assistance from an attorney in your area.
 

justalayman

Senior Member
I completely agree with Quincy.

I suspect it was more if a favor to shake you up than anything leading to a prosecution
 

quincy

Senior Member
It was an unusual action by the prosecutor to send the letter, especially if the police never investigated the complaint.

The property dispute is, based on what has been said, a civil action at most. I see absolutely no support for a criminal charge.

It is sad when adults, who once felt affection for each other, turn so bitter and combative when their relationships fail (for whatever reason). I hope cooler heads can prevail here so no court action of any kind must be pursued.
 

majomom1

Senior Member
It was an unusual action by the prosecutor to send the letter, especially if the police never investigated the complaint.

The property dispute is, based on what has been said, a civil action at most. I see absolutely no support for a criminal charge.

It is sad when adults, who once felt affection for each other, turn so bitter and combative when their relationships fail (for whatever reason). I hope cooler heads can prevail here so no court action of any kind must be pursued.

Thank you all. I have tried to be honest and give accurate facts. I still feel the affection and do not wish to hurt him at all. It just didn't work for us. I don't believe his was ever real. He was seeing other women - I honestly did not care, I just made plans to move out, and move on. He actually has gotten married now, less than a month later. I am sure he is scamming her... but I am staying out of that one.

We have a signed agreement for what he owes me. I just want him to honor that agreement. Because of my civil suit, I was very diligent in documenting and careful to pack and take only my items, so that he couldn't make this claim. I actually left a bunch of my stuff because I was tired and just wanted out.

I am hoping a letter from my attorney might get him to settle. I just wish the attorney could make time now, but I do understand he has other clients and cases that require his immediate attention so I am trying to wait patiently.

Thanks again. I haven't been here for a while... but truly love this forum!
 
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