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Criminal Law/car keying incident
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Question
QUESTION: I have been accused of keying my ex-boyfriend's new girlfriend's car in a bar parking lot ... and have been threatened to be taken to court. apparently there is an eye witness... although he must be blind... because i did not vandalize this girl's car. and i have three other people that could testify to that. any ideas to what i have to do ?
ANSWER: Who is accusing you? Are the police involved?
---------- FOLLOW-UP ----------
QUESTION: the girlfriend is accusing me of keying her car, the bouncer at the bar apparently saw me do it.... no - no cops yet ... but i was told that she is filing charges. But i have a friend that was with me at the bar and my D.Driver that can testify that i didn't touch the girl's car. any ideas?
ANSWER: A lot of people claim that they are "filing charges" and then that is the last you hear of it. But in the event that she does call the police they would have to an investigation. In the meantime you probably should do your own investigation. Get written statements from your friend and the driver so if and when the police contact you then you can refer them to the two witnesses.
That is really all you can do at this point.
---------- FOLLOW-UP ----------
QUESTION: one last question... if she does file a report, will there be a warrant out for my arrest or anything? i now live in Memphis, and i don't want to get pulled over and then taken to jail!
People use the term "file a report" very loosely. If your bicycle gets stolen there are some departments that allow you to go to the police station and fill out your own police report to alleviate the police from that duty. But when you are reporting a crime and there is a suspect (you) you don't "file a report". The complainant reports the crime to the police and then the police should do an investigation and if there is probable cause someone would obtain a warrant and you would be arrested. In some places, in misdemeanors like this, a summons might be issued in lieu of a physical arrest and then there would be a court date.
I have no way of knowing how your case would be handled because I don't know where you live, how things are handled, or what the law is there.
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Answers by Expert:
Jack Toomey
Expertise
Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.
Experience
I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".
Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.
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