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    bEaUtIfUlbRuNeTtE's Avatar
    bEaUtIfUlbRuNeTtE Posts: 1,051, Reputation: 112
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    #1

    Jun 29, 2010, 12:53 PM
    Criminal complaint
    I have been wrongfully accused of doing damage to another's car. Now the "victim" has filled out a criminal complaint at the District Court and I am scheduled to a hearing in late July in front of the Clerk Magistrate. What are my rights? What do I do?

    Being wrongfully accused is the worst feeling.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7691
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    #2

    Jun 29, 2010, 03:28 PM

    You should hire an attorney. The other side will have to provide proof that will meet court standards
    bEaUtIfUlbRuNeTtE's Avatar
    bEaUtIfUlbRuNeTtE Posts: 1,051, Reputation: 112
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    #3

    Jun 29, 2010, 06:23 PM
    Quote Originally Posted by Fr_Chuck View Post
    you should hire an attorney. The other side will have to provide proof that will meet court standards
    This is only a hearing with the Clerk Magistrate so I don't need an attorney yet. I spoke to the court and that's what they told me.

    What kind of "proof" does the other side need?
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    Fr_Chuck Posts: 81,304, Reputation: 7691
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    #4

    Jun 29, 2010, 06:33 PM

    If you are going to be in court, you always need an attorney, esp if it is criminal.

    The first hearing normally decides if there is enough evidence to procedure. And you will not know what to object to, what evidence should not be allowed and so on.
    bEaUtIfUlbRuNeTtE's Avatar
    bEaUtIfUlbRuNeTtE Posts: 1,051, Reputation: 112
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    #5

    Jun 29, 2010, 06:35 PM
    Quote Originally Posted by Fr_Chuck View Post
    if you are going to be in court, you always need an attorney, esp if it is criminal.

    The first hearing normally decides if there is enough evidence to procedure. And you will not know what to object to, what evidence should not be allowed and so on.
    I can't afford an attorney so I called the court and asked for a court-appointed one, and that's when they told me I don't need one quit yet.
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    excon Posts: 21,482, Reputation: 2992
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    #6

    Jun 29, 2010, 07:17 PM

    Hello b:

    From what you say, you are being sued - not charged with a criminal act. Too many things are missing if this was criminal.. First off would be the lack of a police investigation. It appears that it's going from complaint directly to a hearing. The criminal process doesn't work that way. The civil process does.

    Of course, if you're in Canada, things may be different. I can't tell if you are, but we don't have things called clerk magistrates.

    excon
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    bEaUtIfUlbRuNeTtE Posts: 1,051, Reputation: 112
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    #7

    Jun 30, 2010, 06:34 AM
    Quote Originally Posted by excon View Post
    Hello b:

    From what you say, you are being sued - not charged with a criminal act. Too many things are missing if this was criminal.. First off would be the lack of a police investigation. It appears that it's going from complaint directly to a hearing. The criminal process doesn't work that way. The civil process does.

    Of course, if you're in Canada, things may be different. I can't tell if you are, but we don't have things called clerk magistrates.

    excon
    The "victim" didn't report the scratches on her car with the police but she did report that I punctured her tire with a bobby pin to the police.

    You're saying that there needs to be an investigation before being summoned to court?

    So I am being sued for something I didn't do. Wonderful.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #8

    Jun 30, 2010, 06:40 AM

    She is claiming you punctured her tire with a "bobby pin"?? Go to a tire shop and see if you can get an old tire or just a piece of sidewall. Then go into court with the sidewall and some bobby pins. Ask the magistrate to try an puncture the sidewall with a bobby pin.

    That should end that case.
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    #9

    Jun 30, 2010, 06:43 AM
    Quote Originally Posted by bEaUtIfUlbRuNeTtE View Post
    So you're saying that there needs to be an investigation before being summoned to court?
    Hello again, b:

    Yes, of course. But, we don't know that it WASN'T done. I only suspect it wasn't because the cops never interviewed YOU. Maybe they did their investigation and concluded positively that YOU did the deed... But, that's pretty hard to do unless somebody SAW you do it. And, even WITH an eyewitness, the cops should have interviewed YOU.

    But, we can cut right to the chase if you'd just tell us WHAT the hearing before the clerk magistrate is FOR. It'll say so right on the front of the summons. If it says ARRAIGNMENT, it's criminal.

    excon
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    #10

    Jun 30, 2010, 06:49 AM

    I'm going to make a guess here. I'm going to guess that the magistrate's office may also be the investigating office and that this hearing may be just to determine the facts.

    It would really help to know where this is happening.
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    bEaUtIfUlbRuNeTtE Posts: 1,051, Reputation: 112
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    #11

    Jun 30, 2010, 07:51 AM
    Quote Originally Posted by ScottGem View Post
    She is claiming you punctured her tire with a "bobby pin"??? Go to a tire shop and see if you can get an old tire or just a piece of sidewall. Then go into court with the sidewall and some bobby pins. Ask the magistrate to try an puncture the sidewall with a bobby pin.

    That should end that case.
    Yes it should end the case.
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    #12

    Jun 30, 2010, 07:57 AM
    Quote Originally Posted by excon View Post
    Hello again, b:

    Yes, of course. But, we don't know that it WASN'T done. I only suspect it wasn't because the cops never interviewed YOU. Maybe they did their investigation and concluded positively that YOU did the deed... But, that's pretty hard to do unless somebody SAW you do it. And, even WITH an eyewitness, the cops should have interviewed YOU.

    But, we can cut right to the chase if you'd just tell us WHAT the hearing before the clerk magistrate is FOR. It'll say so right on the front of the summons. If it says ARRAIGNMENT, it's criminal.

    excon
    The night she claimed I popped her tire, the police did get my side of the story. She also did have a "witness" who is a minor, but the funny thing about that is, she asked that witness to basically lie and give a statement saying he saw me, even though he didn't.

    I am being summoned. It isn't an arraignment.
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    #13

    Jun 30, 2010, 07:59 AM
    Quote Originally Posted by ScottGem View Post
    I'm going to make a guess here. I'm going to guess that the magistrate's office may also be the investigating office and that this hearing may be just to determine the facts.

    It would really help to know where this is happening.
    I have been summoned to appear in front of the Clerk Magistrate with the "victim." It is a hearing to find out if it's necessary to charge me with the crime.
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    excon Posts: 21,482, Reputation: 2992
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    #14

    Jun 30, 2010, 08:26 AM
    Quote Originally Posted by bEaUtIfUlbRuNeTtE View Post
    I have been summoned to appear infront of the Clerk Magistrate with the "victim." It is a hearing to find out if it's necessary to charge me with the crime.
    Hello again, b:

    You're not helping us. WHERE is this? If you want to know about the LAW, tell us the country you live in so we look up the LAW! You sure aren't in the US. We don't have stuff like that.

    Which brings me to the point of THIS post. This is a hearing where it's going to be determined whether you should be charged with a CRIME, yet "they" don't think you need a lawyer... I wouldn't be taking my legal advice from some clerk on the phone. That would be because he's WRONG!!

    excon
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    #15

    Jun 30, 2010, 08:31 AM

    I strongly agree with excon on the issue of an attorney. You should NOT, under ANY conditions answer questions that may lead to your prosecution for a crime without benefit of legal counsel.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7691
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    #16

    Jun 30, 2010, 08:42 AM

    Yes, remember if they find there is at least enough evidence to proceed to trial ( it takes a lot less evidence for this than it does at the trial) If a witness says they say you do it, that may be all it takes. The bobby pin could have been a knife, the court does not care at this point, the issue of could it have done it, is for trial, not for the hearing.

    Remember if they do find to go to trial, you may be held and have to post bail, so are you ready for that, the day of court.

    Sorry NOW is the best time for an attorney
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    bEaUtIfUlbRuNeTtE Posts: 1,051, Reputation: 112
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    #17

    Jun 30, 2010, 09:04 AM
    Quote Originally Posted by excon View Post
    Hello again, b:

    You're not helping us. WHERE is this? If you wanna know about the LAW, tell us the country you live in so we look up the LAW! You sure aren't in the US. We don't have stuff like that.

    Which brings me to the point of THIS post. This is a hearing where it's going to be determined whether you should be charged with a CRIME, yet "they" don't think you need a lawyer... I wouldn't be taking my legal advice from some clerk on the phone. That would be because he's WRONG!!!

    excon
    I am in Massachusetts.
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    excon Posts: 21,482, Reputation: 2992
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    #18

    Jun 30, 2010, 09:14 AM

    Hello again, b:

    I wasn't lying to you when I said, here in America, we don't have those things... And, we don't. Your total lack of understanding about the process you're going through is going to come back to BITE you. You need a lawyer, and you need him YESTERDAY.

    It would also HELP us to HELP you if we didn't have to pull every detail out of you. We could have eliminated a whole page of stuff if you would have related the facts as they occurred from the beginning. You didn't. You said she filed a complaint at the district court. That didn't happen. What she DID was call the cops. These things MATTER.

    excon
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    #19

    Jun 30, 2010, 09:28 AM
    Quote Originally Posted by excon View Post
    Hello again, b:

    I wasn't lying to you when I said, here in America, we don't have those things.... And, we don't. Your total lack of understanding about the process you're going through is going to come back to BITE you. You need a lawyer, and you need him YESTERDAY.

    It would also HELP us to HELP you if we didn't have to pull each and every detail out of you. We could have eliminated a whole page of stuff if you would have related the facts as they occurred from the beginning. You didn't. You said she filed a complaint at the district court. That didn't happen. What she DID was call the cops. These things MATTER.

    excon
    To make a long story short:

    I dated her boyfriend while ago. I broke it off between him and I. He got pissed and she was jealous. I took her boyfriend to court for a restraining order but I wasn't granted one because I didn't have the evidence they needed. She moved back in. When she moved back in, that is when all the allegations started. She has accused me of harassing her and doing damage to her car. She has called the cops on me twice and told them that I, 1.) popped her tire with a bobby pin and 2.) threatened her. I did no such things. I went to court because she filed a harassment order on me. The judge granted her one. The judge didn't even listen to what I had to say. So now, I have to stop "abusing" her for 1 year and if I should, I could go to jail. Funny thing is, I didn't do one single thing to her. So after she got the harassment order on me, she filled out a criminal complaint form. I got a copy in the mail. I have to appear in front of the Clerk Magistrate for a hearing to see if this should proceed to court.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #20

    Jun 30, 2010, 09:29 AM

    Also, in MA criminal investigations are not done by a court. A court will decide only whether there is enough evidence to bind you over for trial. And, you have every right to have legal counsel represent you.

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