False police report

[majomom1]

What is the name of your state? I am in MO.

A false police report was filed against me. The accuser somehow went around the police investigation and directly to the City Prosecutor.

I first received an email from the accuser, 10 days after I moved out. The email had a picture of a letter that appeared to be from the City Prosecutor, but it was not on letterhead or signed. I did not believe it was real. I did call a couple of attorneys and they also did not believe it was real, they said the City Prosecutor would not send this type of letter. I called his office and left a message. No response. I faxed a copy of the letter and email to the City Prosecutor.

Four days later I received the same letter, on letterhead and signed. I called and faxed again. No response. Again I made calls to an attorney. I got referred several times. Then 15 days later, at the direction of an attorney, I went to the Prosecutor's office in person. He was not in. I left all of my copies with a clerk to put in his inbox. He called me the next day, and confirmed that the letter was real, and informed me that there was a police report. He said he didn't normally return calls, but did because I had been so persistent.

I got a copy of the police report. I did not take the items reported and the statement in the police report is a lie.

I had moved out of a bad relationship. In the police report, my accuser stated that I moved out when he was not present and that he returned to find two items missing.

My accuser WAS present when I moved out. There are 6 witnesses to that. There were 3 employees with the moving company, the accuser's employee and my son and his wife. They can also testify that he directed the movers on what to move, or not move. We did a final walk through before I left.

How can I get him charged with filing a false police report?

Can I sue the City Prosecutor? There was no police investigation and his letter stated that I had committed the crime of stealing, not alleged or accused. The instructions were for me to contact the accuser and return the items. The City Prosecutor would not talk to me other than to say follow the instructions in the letter. I believe this is found guilty without any due process.

I don't know if any charges have been filed. I need $ 1,000 to get help from an attorney, which I do not have at this time. I would just like to know if I have any recourse here before I go spending money.

Thank you for your time and expertise.

 

[cbg]

How do you know there was no police investigation? Are you assuming that because no one interviewed you, that means they did nothing?

 

[quincy]

I see nothing to support a lawsuit (and nothing that relates to legal ethics or lawyer malpractice).

Complaints are neither true nor false. They require an investigation. Although filing a knowingly false police complaint is a crime, charges are rare unless authorities must spend a lot of time and resources investigating the false complaint.

It appears that the prosecutor wants you and your accuser to handle the matter between yourselves and that he currently does not want to pursue any charges.

 

[majomom1]

How do you know there was no police investigation? Are you assuming that because no one interviewed you, that means they did nothing?

I did go file a supplement to the report. The officer said nothing had been done on it and it hadn't been assigned to a detective, because it was a civil issue. She was surprised that he went directly to the Prosecutor and that the Prosecutor sent a letter.

Thank you.

 

[quincy]

I did go file a supplement to the report. The officer said nothing had been done on it and it hadn't been assigned to a detective, because it was a civil issue. She was surprised that he went directly to the Prosecutor and that the Prosecutor sent a letter.

Thank you.

I am not surprised by the response. If the ex wants any items returned, he will have to sue you. That is probably what he was told when he filed the complaint.

 

[majomom1]

I see nothing to support a lawsuit (and nothing that relates to legal ethics or lawyer malpractice).

Complaints are neither true nor false. They require an investigation. Although filing a knowingly false police complaint is a crime, charges are rare unless authorities must spend a lot of time and resources investigating the false complaint.

It appears that the prosecutor wants you and your accuser to handle the matter between yourselves and that he currently does not want to pursue any charges.

If that were the case why didn't he tell him to contact me... or to take it to civil court? The wording in his letter is all "guilty" and threatens charges that he has no basis for. At that point he wouldn't even say what I was accused of taking. My accuser never contacted me.

The Prosecutor did ask me if I wanted him to file charges. I'm just really confused. This all seems so wrong.

Thank you.

 

[majomom1]

I am not surprised by the response. If the ex wants any items returned, he will have to sue you. That is probably what he was told when he filed the complaint.

That is what I would have thought they would tell him. I am not sure how he was able to go to the Prosecutor, or why the Prosecutor even sent this letter. The wording is off... and why he gave a blank copy to my accuser is even more confusing.

I didn't take anything of his. Every box was unsealed until the movers arrived so he could look in any of them, at any time.
He opened and closed every closet, cupboard and drawer on our walk through before I left.

I know he is making all this up... and it's sad that he can get away with this.

 

[quincy]

If that were the case why didn't he tell him to contact me... or to take it to civil court? The wording in his letter is all "guilty" and threatens charges that he has no basis for. At that point he wouldn't even say what I was accused of taking. My accuser never contacted me.

The Prosecutor did ask me if I wanted him to file charges. I'm just really confused. This all seems so wrong.

Thank you.

The prosecutor received a copy of the police report and decided not to prosecute.

It appears he wants both of you to handle between yourselves what is essentially a minor property dispute.

I obviously cannot explain the prosecutor's letter because I haven't read it and I don't know why the prosecutor sent it - but if the prosecutor told you to return items you don't have, you can contact your ex (preferably by formal letter) and tell him you do not have what he is looking for.

Perhaps your witnesses can help convince your ex that you did not take anything you were not permitted to take.

If your ex continues to be unreasonable, you can wait to see what happens. Right now, though, you apparently have not been charged with a crime.

You can have the matter reviewed by an attorney in your area if you want to. Perhaps the attorney can draft the formal letter for you.

Good luck.

 

[majomom1]

The prosecutor received a copy of the police report and decided not to prosecute.

It appears he wants both of you to handle between yourselves what is essentially a minor property dispute.

I obviously cannot explain the prosecutor's letter because I haven't read it and I don't know why the prosecutor sent it - but if the prosecutor told you to return items you don't have, you can contact your ex (preferably by formal letter) and tell him you do not have what he is looking for.

Perhaps your witnesses can help convince your ex that you did not take anything you were not permitted to take.

If your ex continues to be unreasonable, you can wait to see what happens. Right now, though, you apparently have not been charged with a crime.

You can have the matter reviewed by an attorney in your area if you want to. Perhaps the attorney can draft the formal letter for you.

Good luck.

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.

 

[quincy]

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.

I can understand why you are irked.

Good luck.

 

[HighwayMan]

You should make sure that your witnesses are willing to give statements and testify in court. Do you even have the moving company's employees information?

I doubt it will come to needing them, but don't be so confident because you have "witnesses" - they may not be willing to help you if you can even find them.

 

[quincy]

You should make sure that your witnesses are willing to give statements and testify in court. Do you even have the moving company's employees information?

I doubt it will come to needing them, but don't be so confident because you have "witnesses" - they may not be willing to help you if you can even find them.

Majomom's son and her son's wife were present. The moving company employees can be subpoenaed if necessary.

Of course, whether any of that is necessary depends on how far Majomom's ex wants to take his false claims.

 

[majomom1]

Majomom's son and her son's wife were present. The moving company employees can be subpoenaed if necessary.

Of course, whether any of that is necessary depends on how far Majomom's ex wants to take his false claims.

Yes, my son and his wife were there as well as my ex's employee. I have all of his information. I did contact the moving company and got all of their info as well. I had also recorded the conversations with my ex the morning of the move. Things were getting out of hand. He had initially blocked the garage door to hinder moving so I wanted proof of his behavior and threats, and I was prepared to call the police if necessary. I also recorded our final walk through and his statement that everything was fine. Missouri is a one-party state so I know the recording is legal.

I have a civil suit that I am planning to revive against the ex. He knows this and I believe this is his attempt to thwart that... but I think it will actually end up helping me since I can prove he lied on this police report. My attorney on that case does not do criminal. He is busy on another case at the moment. He is suppose to send me some referrals but I haven't gotten them yet.

Thank you all for your time and input here. I greatly appreciate it.

 

[quincy]

Yes, my son and his wife were there as well as my ex's employee. I have all of his information. I did contact the moving company and got all of their info as well. I had also recorded the conversations with my ex the morning of the move. Things were getting out of hand. He had initially blocked the garage door to hinder moving so I wanted proof of his behavior and threats, and I was prepared to call the police if necessary. I also recorded our final walk through and his statement that everything was fine. Missouri is a one-party state so I know the recording is legal.

I have a civil suit that I am planning to revive against the ex. He knows this and I believe this is his attempt to thwart that... but I think it will actually end up helping me since I can prove he lied on this police report. My attorney on that case does not do criminal. He is busy on another case at the moment. He is suppose to send me some referrals but I haven't gotten them yet.

Thank you all for your time and input here. I greatly appreciate it.

You're welcome, majomom. We thank you for the thanks.

It sounds as if you are well-armed for a legal battle should it be impossible to resolve matters out of court.

Good luck.

 

[LdiJ]

Yes, my son and his wife were there as well as my ex's employee. I have all of his information. I did contact the moving company and got all of their info as well. I had also recorded the conversations with my ex the morning of the move. Things were getting out of hand. He had initially blocked the garage door to hinder moving so I wanted proof of his behavior and threats, and I was prepared to call the police if necessary. I also recorded our final walk through and his statement that everything was fine. Missouri is a one-party state so I know the recording is legal.

I have a civil suit that I am planning to revive against the ex. He knows this and I believe this is his attempt to thwart that... but I think it will actually end up helping me since I can prove he lied on this police report. My attorney on that case does not do criminal. He is busy on another case at the moment. He is suppose to send me some referrals but I haven't gotten them yet.

Thank you all for your time and input here. I greatly appreciate it.

So far you do not need a criminal attorney. You have yet to be charged with a crime. Its likely that you will never be charged with a crime. I understand why you are upset, but the letter and the police report simply do not mean anything unless you are actually charged with a crime.