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rul · Jan 5, 2010, 10:58 AM

Hi, what can I do about someone filing criminal trespassing on me, and its all false.
How can I go at her. My lawyer said that I can just do a civil suit and have her paid for the court, but he also said that if she don't have any money then she can't pay and I can't do anything about it, and that she would not even have a record on her, he said that the judge will just dismiss the case. Now how can that happen, I am going to have a record on me for something I did not do. And she will not have any record on her for something she did! Can someone give me an answer please.

JudyKayTee · Jan 5, 2010, 11:10 AM

I would believe the Attorney who is familiar with all the facts and circumstances as well as your State laws. I think that's your answer.

You can always sue her, get a Judgment and collect if and when she gets some money. Of course, that action will be expensive.

this8384 · Jan 5, 2010, 11:48 AM

Originally Posted by rul

Hi, what can I do about someone filing criminal trespassing on me, and its all false.
How can i go at her. my lawyer said that i can just do a civil suit and have her paid for the court, but he also said that if she dont have any money then she can't pay and i can't do anything about it, and that she would not even have a record on her, he said that the judge will just dismiss the case. Now how can that happen, i am goin to have a record on me for something i did not do. And she will not have any record on her for something she did! can someone give me an answer please.

First of all, where are you located? Is this in the USA, Canada, England..

Secondly, as far as I'm aware, someone cannot "file criminal trespassing" against you. They have to call the police, who then charge you with criminal trespassing. Have you been charged at this point or is someone merely threatening you?

What exactly happened? You state that the "other person" will not have a record for something that they did; were you a party to some type of crime?

rul · Jan 5, 2010, 01:04 PM

Originally Posted by this8384

First of all, where are you located? Is this in the USA, Canada, England....?

Secondly, as far as I'm aware, someone cannot "file criminal trespassing" against you. They have to call the police, who then charge you with criminal trespassing. Have you been charged at this point or is someone merely threatening you?

What exactly happened? You state that the "other person" will not have a record for something that they did; were you a party to some type of crime?

No am in the u.s.a. and I was summon for criminal trespassing and now I have to be book and process before I even go to court about it. I will have I record on me, that I have to get exponge. And I was never at the girl's house! I don't need a record on me just because someone is lying about something. And I need to know what I can do, so she don't do it again. Can I sue her for false satement, but if I do my lawyer said is just I civil sue and the judge will just drop the charge. And then she can go and do the same thing again. What do I do.

JudyKayTee · Jan 5, 2010, 01:09 PM

Getting something expunged is not easy and the procedure varies by State.

Again, your Attorney is the best person to decide how you should proceed.

this8384 · Jan 5, 2010, 01:27 PM

Originally Posted by rul

no am in the u.s.a. and i was summon for criminal trespassing and now i have to be book and process before i even go to court about it. i will have i record on me, that i have to get exponge. and i was never at the girl's house! i dont need a record on me just because someone is lying about something. and i need to know what i can do, so she dont do it again. can i sue her for false satement, but if i do my lawyer said is just i civil sue and the judge will just drop the charge. and then she can go and do the same thing again. what do i do.

I get the feeling that there is more to the story. These types of charges aren't filed without substantiary evidence. If all it took was one person's statement, the courts would be overflowing with bogus accusations.

What are you exactly being accused of? Were you supposed to stay away from this person? Did she call the police and state that you were on her property?

rul · Jan 5, 2010, 01:30 PM

Originally Posted by rul

no am in the u.s.a. and i was summon for criminal trespassing and now i have to be book and process before i even go to court about it. i will have i record on me, that i have to get exponge. and i was never at the girl's house! i dont need a record on me just because someone is lying about something. and i need to know what i can do, so she dont do it again. can i sue her for false satement, but if i do my lawyer said is just i civil sue and the judge will just drop the charge. and then she can go and do the same thing again. what do i do.

She claims that I was at her house two times even after she told me to stay away. But that's not true, I was never at her house.

excon · Jan 5, 2010, 01:32 PM

Originally Posted by rul

no am in the u.s.a. and i was summon for criminal trespassing and now i have to be book and process before i even go to court

Hello rul:

You won't have a record unless you're convicted. You are apparently at the beginning of this ordeal. There's more to it. If you didn't do it, plead not guilty, and if the state can't prove beyond a reasonable doubt that you DID do it, you'll be acquitted and have NO record...

excon

rul · Jan 5, 2010, 01:45 PM

She went to the commissioner and give a statement, and one month later I had a cop in my house, she claims that I was at her house two times after she had told me to stay away, but I was never at her house, and yes they did do it with just her statement.

rul · Jan 5, 2010, 01:52 PM

But what about the finger printing and the picture that there going to take from me to be bookd and process, I have to have that done before the court, my lawyer said I have to do it, and then get exponge.

excon · Jan 5, 2010, 01:58 PM

Hello again, rul:

Listen carefully. I'm not lying. You will be fingerprinted and a photo will be taken of you. These are for police files only, and you can't expunge them no matter what... Nobody can see them either, and they won't show up on a background check.

Your concern is about having a criminal record, and like I said above, you won't HAVE a criminal unless you are convicted. Right now you've only been arrested. The state have to PROVE beyond a reasonable doubt that you DID this thing. Her saying so, IS NOT ENOUGH. Therefore, if that's ALL the evidence they have, you can not be convicted, and you will not have a record...

excon

rul · Jan 11, 2010, 09:52 AM

Originally Posted by excon

Hello again, rul:

Listen carefully. I'm not lying. You will be fingerprinted and a photo will be taken of you. These are for police files only, and you can't expunge them no matter what... Nobody can see them either, and they won't show up on a background check.

Your concern is about having a criminal record, and like I said above, you won't HAVE a criminal unless you are convicted. Right now you've only been arrested. The state have to PROVE beyond a reasonable doubt that you DID this thing. Her saying so, IS NOT ENOUGH. Therefore, if that's ALL the evidence they have, you can not be convicted, and you will not have a record....

excon

Thank you for answering my questions. Will you please answer one more. What about if she goes to my house before we go to court. Or what about if she goes to my house after we go to court, then what will I do.

excon · Jan 11, 2010, 09:59 AM

Hello again, r:

If she comes on your property and you don't want her to, call the cops. It doesn't matter WHEN that happens.

excon