When did this happen? How long ago? Do you feel like he might call the police?
It happened Wednesday evening. I notified him on Thursday. I think it is a possibility that he may call the police. I sent more than one text message asking him to make sure he had the tires repaired before he drove on the highway and have not heard back from him. So, he has more than enough "evidence" through my texts.
Hello again --
There is also a possibility that he was able to retrieve all of the nails and there was no damages to the tires or the car at all. However, you are correct that you could potentially be charged with intent to commit a crime -- even if the crime never actually happened. In your favor are lack of criminal record (I assume) and the fact that you told him about the incident in order to get him to correct it before potential harm occurred. He could also get a restraining order against you -- which is not a good thing either. At this point, my suggestion is that you stop contacting him (period) and hope that he has not called the police --- because it has been a few days I am inclined to think that he has not called the police because they will generally come out to talk to you within a day or two of the incident -- but that does not mean for certain that the police will not become involved at some point because the statute of limitations on felonies in AZ is 7 years. If you are contacted by police, my suggestion is that you have a criminal lawyer ready to talk to them with you so that you can minimize the incident as much as possible and try to pass it off as a bad joke -- if you have a lawyer with you and the police and DA are intent upon charging you with a crime, the lawyer can start working on a deal right there to perhaps bring the charges down to a misdemeanor mischief charge or something along those lines (there is a lot of wiggle room depending upon your history with the person and a clean criminal record). If you can afford to speak to a criminal lawyer in your county my suggestion is that you contact your local county bar association and ask for a referral to someone in your county -- they will give you several names and then you can speak with the lawyer, pay a small retainer, and then wait to see if the police contact you. If or when the police do contact you, you then give them your lawyers name and the lawyer can find out what they have and what type of charges they may be gunning for before you even sit down to talk with them -- then the lawyer can start negotiating this thing from the point of view that it was just a silly joke and a misunderstanding. No matter what happens, I do not think that you are looking at any jail time -- potentially a fine, restitution (if there are any damages) and 6 months to a year of probation (again I assume a fairly clean criminal record) -- and if the lawyer negotiates the matter to a misdemeanor then you may not have probation at all (or it will be a short period of unsupervised probation). So, while I really do think that you would be in best shape if you get an attorney to step in and handle this matter if you are contacted by the police, I still do not think that you are facing a lot of criminal consequences even if the police become involved so long as no one was hurt (you probably would have heard something by now if someone was hurt, in any event).
Please let me know if you have further questions. Even if you press a positive rating below, your question will remain open and you can come back and ask follow up questions for several months afterwards -- so in the event you would like to come back in and ask additional questions if or when the police contact you, that is fine.
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Thanks for taking the time to answer my question. I will contact an attorney and wait and see...
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