False Evidence / Likelihood of pursuit

Status
Not open for further replies.
G

Guest

Guest
My question involves criminal law for the state of: NY, county of MONROE

I have been involved with a legal dispute regarding an individual who has attempted to file 6 charges on me, only 2 of which were processed by the courts and placed on me.

The evidence this person displayed to officers which initiated 2 of the 6 charges, were falsified threats depicted to have come from my phone, sent to their phone. I believe the method in which they displayed these supposed threats to officers was that of a screenshot of a text, rather than a conversation itself. None the less the texts do not exist on my carrier logs, in which officers cited as "evidence". This "evidence" was tacked onto the police reports submitted to the judge in order to issue 2 harassment charges on me.

My main question here is that if this evidence has been forwarded to my attorney for review, as part of the alleged crimes, can I in return request my attorney to preserve this information so that I can then follow through on placing charges against this person, and what is the likely hood that the DA will initiate a charge? I was told the Monroe county DA will do very little to prosecute fake evidence in the form of text messages, in regards to my situation. I feel as if I have been harassed through the legal system. I am boggled to be told that someone can make fake texts up, place charges on me, but when I want to reverse these charges based on substantial evidence that texts did not come from me, I am told little can be done. Why?

What charge would this scenario fall under, if I was to legally pursue this person who is making up texts on my behalf and harassing me through the legal system? I don't believe malicious prosecution is something I can pursue, but these charges have effected my life mentally (distress), financially (bonds, lawyer cost, parking costs, time), and potentially physically as a result of the possibility to subjecting myself to jail time in order to protect myself from more jail time.

I will most likely be pleading guilty to a violation harassment charge in regards to the above, in order to protect myself against false testimony from fake witnesses this person will attempt to use in court, in regards to their claims of harassment that I have supposedly committed upon them. If I plead guilty to a violation harassment charge, it's to meet a plea deal that will clear a class A misd. of agg harassment in the 2nd, in which I do not want to be subject to this person's fake testimony and the judge's mercy based on their interpretation. I have no criminal record.

What legal pursuits may I potentially make upon this person for subjecting me to the above, given I have proof multiple volatile threats did not originate from me? There are multiple other police reports that contain fake text threats from me, but charges never proceeded on those reports - I know this for a fact, based on the current.
 
Does this classify as defamation?

Below is an overview:

I posted this before in regards to criminal charges, but am seeking advice regarding civil charges.

My question involves criminal law for the state of: NY, county of MONROE

I have been involved with a legal dispute regarding an individual who has attempted to file 6 charges on me, only 2 of which were processed by the courts and placed on me.
 
You have an attorney.
You should seek the advice and counsel of YOUR attorney.
Strangers on the Internet will be of no use to you.
 
Your criminal attorney will be the best person to advise you and will be aware of any civil lawsuit you may have as a result of falsification of evidence. Your attorney is probably aware that if the DA moves forward against you with evidence that he or she knows or should knows is false, they will have much larger problems than losing the case. At the moment, the DA and the police need to assume that threats are legitimate (unless there is a reason they should know they aren't) and my guess is that the case will be dropped quickly if what you're telling us is true.

Without a doubt, you have a case against the other party for defamation and malicious prosecution. If you plead guilty to a crime you say you didn't commit, your chances of showing any material damages will probably be minimal.

Here's what I don't understand - why would you plead guilty to crimes you didn't commit when you can easily refute the validity of the evidence in court? There is something I am not seeing here and I'm guessing that your criminal attorney can explain to you the reasons for considering the plea.
 
I believe we discussed this in the other topic posted. We can discuss the merits of the case but since we don't know many of the important details, I am unsure that there will be much help. I'm guessing your attorney has given you a great deal of information about your options.
 
Status
Not open for further replies.
Back
Top