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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 16334
Experience:  Licensed Texas General Practice Attorney
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I am being falsely accused of criminal mischief, can I file

Customer Question

I am being falsely accused of criminal mischief, can I file a motion to protect my rights. I have not received a citation yet. Police are now investigating. Can I also request an independent evaluation on the accuser?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Pennsylvania
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Can I protect myself somehow before I may get a citation Or How can I best protect myself?
Submitted: 9 months ago.
Category: Criminal Law
Customer: replied 9 months ago.
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Expert:  ScottyMacEsq replied 9 months ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Because the police are investigating, there's no open court case yet. You see, the police will conduct an investigation, and will either refer the matter up to the prosecutor or not. If not, then it's essentially dropping the case. If they do, the prosecutor then brings the citation before the grand jury or directly to court. But it doesn't sound like this has happened yet. As such, there's no court to file any motion for. Even if you were to file a motion, the judge wouldn't get involved in an ongoing police investigation unless there was clear evidence that there was some sort of collusion or other bias against you. Even then it's something that the judge would more likely than not "wait and see" what happens.

As such, anything that is going to be done at this point prior to the citation is "pre-court" and would need to be done through the police. You can contact the police, tell them that you're willing to cooperate, make statements, etc... and that you want to speak with someone about this accusation. Note that they have no obligation to actually take your statement, because the only obligation is that they have a belief and evidence that by a preponderance of the evidence this actually occurred. That's lower than the criminal "beyond a reasonable doubt" standard. If they believe that it's more likely than not that it happened as the accusation said it did, then they can refer it on to the prosecutor. But most of the time I find that they're still willing to talk with you about it and get your side of the story.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 9 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 9 months ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 9 months ago.

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★).

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 9 months ago.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!k

Expert:  ScottyMacEsq replied 8 months ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.