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Lawdoctor
Lawdoctor, Lawyer
Category: Legal
Satisfied Customers: 1400
Experience:  22+ years legal practice including corporate, business, criminal, entertainment and litigation
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If someone is accusing me of property damage and right now

Customer Question

If someone is accusing me of property damage and right now the choice is they will press charges unless I pay, what are my legal options?
Submitted: 2 years ago.
Category: Legal
Expert:  Lawdoctor replied 2 years ago.


Thank you for allowing me to assist you with your question.



Your question is very important to me, but please remember that I can only respond to the information you provide and I do not know your entire situation. My response is limited to what you have written to me and the answer may change with additional facts.



Also, due to site reasons, there are times I am initially only able to see a portion of post, so I apologize in advance if it means that you have to duplicate information.



There may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. Now, let’s address your question!

 

If there is an officer, you may want to ask him if the threat to file criminal charges if you don't pay is not extortion? He can offer this to you, but if the 'victim' does, it is extortion.

 

That being said, if you did do the damage, it would be less expensive to pay the damages than to have an arrest, go to court and then pay the damages plus a fine, court cost and the Public Defender fee, (the court cost, PD will be around 500.00 in Florida for Misdemeanor court).

 

If you did not do the damage and need to fight this then you can make that decision as well.

 

I am sorry I could not give you better news.

 




Thank you again for trusting us with your problem. Good luck and Godspeed.

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Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.



Customer: replied 2 years ago.
I told the officer that I did not do it and this estimate is bogus, but he says he was only trying to help. The officer is offering this option, not the accuser. I personally have not even seen the damage. The problem is that I did confess to throwing the skateboard, but it never made contact. He had other people in the car that will side with him, but I had noone there to tell my side. I did not hit him but I do not want to pay for a case either.
Expert:  Lawdoctor replied 2 years ago.
If you are being accused of throwing a skateboard at a vehicle with passengers, the prosecutor can easily bump this up to a felony of aiming a 'missile' at a vehicle which is aggravated assault and battery if it made contact with the car.

If you do not have any witnesses, you should try to get them down on the amount. If you have witnesses who can state that you were
1. not throwing at them,
2. that it did not hit them or the car.

then you may want to fight it. But understand the officer can arrest you or could give you a 'ticket'. IF they are pushing this, then they know that they have the upper advantage.

Take photos of the alleged damage with your cell phone and find out if anyone else witnessed this.

Take a close look at the damage to the car and see if there is any sign that it is an old 'injury' such as rust, dirt, mud, etc on in the dent or whatever it is. If there are signs that the dent or what ever the damages is, has some 'time' on it, then you have some proof that this was already there before you came on the scene and they are attempting to file a false police report.

Discuss this calmly with the officer, but remember anything you say to him can and will be used against you. You are there and it is your call, as to whether to continue to talk to him. The best thing in your defense is that you are there and did not leave.



I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.



DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.



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