How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Attorney 1 Your Own Question
Attorney 1
Attorney 1, Attorney
Category: Legal
Satisfied Customers: 2446
Experience:  Knowledgeable and Experienced Attorney.
16911602
Type Your Legal Question Here...
Attorney 1 is online now
A new question is answered every 9 seconds

We live in NW Indiana small Town of Porter. I was falsely accused

This answer was rated:

We live in NW Indiana small Town of Porter. I was falsely accused of committing crime of Intimidation. All facts are posted on http://www.summertreedrive.com and evidence videos are posted on http://www.youtube.com/summertreedr. We have no ability to hire attorneys and want to fight. I want to file slander Civil Case against the company and landscaper and also separate case for false charges against Town of Porter and Police department because of my arrest.

A.
In my criminal case where I am charged with class A misdemeanor (Intimidation) (false charge) I plan:
1. To file my criminal appearance ProSe
2. File request to demand of trial by jury
3. File Demand to produce documents from the prosecutors office.

My question is what do I actually demand to produce since there is no way that they have anything since filed charges are bogus and I have video evidence of the incident including time frames because video was taken with the same phone that I used to call 911. At the Town of Porter Police I was declined to receive police report from the incident that led to my arrest. I think this was supposed to be public record? How can I sue landscaper and company if I can't identify them or even know who I intimidated. If they can not produce any evidence can I submit my evidence and file a motion to dismiss? Trial is set for December 20, 2011

B. I want to sue Town of Porter and Police and everyone involved who contributed to these false charges and my false imprisonment (I had to pay $750.00 bail bond and spend 9 hours in Porter County Jail in Indiana). I understand I could look for a lawyers but no attorney be willing to risk his carrier for my family or I would have money to compensate for all work that is needed to do a great job, therefore I will fallow procedure just as good as weak licensed attorney. Therefore in B I would like to ask who can I sue for this false warrant without evidence and false charges and is there a limit that I can ask?

Attorney 1 :

Hello, and welcome to JustAnswer! I am preparing your response. Please remain online for a few moments, so you can get your answer right away.

Attorney 1 :

If you were wrongly and publicly accused of a crime, you have a casue of action for defamation against the person who defamed you. If you were arrested without probable cause, you have a claim for malicious prosecution against the City, if the matter ended in your aquittal.

Attorney 1 :

WIth regard to your plan of action, to sue the governement, most states require that you first file a "government claim" which will be summarily denied, but will then allow you to bring suit.

Customer:

Can civil case be filed against the Town before the aquittal?

Attorney 1 :

Discovery is served on the opposing party, but not filed with the court.

Attorney 1 :

No. You need to wait until the case terminates in your favor before the cause of action for malicious prosecution can potentially arise.

Customer:

How could warrant be issued without probable cause or evidence?

Attorney 1 :

It doesn't usually happen, but it can from time to time occur.

Customer:

Maybe not the wisest thing but I have posted my video evidence... can I file to dismiss criminal charges?

Attorney 1 :

If you are successful in your defamation action, you will be entitled to receive compensation for the costs you have paid out, as well as for harm to your reputation.

Attorney 1 :

Criminal charges cannot be dismissed in this manner. However, you will have a public defender in the event you cannot afford a private attorney. You should provide the evidence to him/her, who will use it in your defense.

Attorney 1 :

When the matter concludes, if it does so in your favor, you may want to consider speaking with a civil attorney who may take your defamation case.

Attorney 1 :

If you need more information, just let me know.


Best of luck!
_________________________________________________________________

If I have answered your question, please remember to click "ACCEPT."

I leave positive feedback for all accepted answers.

Customers with positive feedback get fast and thorough responses from experts.
_________________________________________________________________


 


.

Customer:

Is it posible to speed up prceedings since couryt date is scheduled after almost 2 months

Attorney 1 : Unfortunately not. The time frame still constitutes the speedy trial you are entitled to under the United States Constitution. However, the two months span of time can be used to build your case. Good luck!If I had answered your question, please remember to click "accept."Best of luck!Thank you!
Customer:

Last question can landscaper who verbally assaulted me in front of my neighbors be sued for slander before disposition of my bogus criminal case?

Customer:

I have him on tape and admission by the police also on video

Customer:

?

Attorney 1 : This is all very good evidence that will serve you well. You will not likely be able to stop this person from saying and posting things about you yet, but should send a demand letter instructing him to stop and informing him that you intend to go after him for defamation if this behavior continues . Also each instance of defamation means more recovery for you, when the lawsuit is ultimately filed . Be sure to keep good documentation can be sure to pass all relevant evidence along to your attorney.Best of luck!If I have answered your question, please remember to click "accept."
Customer:

Little explanation... I have civil case agains my Homeowners Association and Management Company. On

Customer:

On October 06 I taped landscaper hitting air conditioning unit and was showing video to the neighbor. Landscaper was walking by and became agressive and started to call me crazy, bitch and f... you. I called police who already know about the case and rest of the situation

Customer:

After I called police I continued to tape landscaper... who calls me names on tape.

Customer:

in next video police arrives and my wife neighbors are present but police tells nothing criminall happened here and they leave

Customer:

on October 28 I find out that there may be possibly warrant for my arrest and visit prosecutors office who in fact charge me... so videos are posted by me to protect the truth

Customer:

I was arrested because management company makes lots of money from our town and they are closely connected ...

Customer:

Any advice? I have family sick 77 mom and 3 year old and 2 month old baby. Police are walking around telling that they plan to deport us...

Customer:

I will click Accept hope if you have more time you can look at mu videos and website I am making to expose crooked cops who want to lock me up in jail because I refused to settle Civil case with their friends.

Attorney 1 and 7 other Legal Specialists are ready to help you
Stick with it and get a restraining order against the landscaper, if it becomes necessary to protect your family.