Q: False police report - no evidence/proof of outrageous claims. Resulted in 2 misdemeanor charges of threats/intimidation
neighbors 3 dogs came to my property & attacked my 3 sheep killing the male, who was like my child. I filed a civil complaint. They go to let him now & he suddenly has claims I’m harassing him. I ran him off the road, followed him & his son to to a nearby town taking pics of them, throwing poisoned meat in his yard & empty antifreeze bottles. He Never called the police & had zero evidence. local PD never comes to talk to me just lets me know he’s filing counter charges & I’m charged with 2 counts of threats & intimidation. They say repeatedly he’s not sure it was me, can’t be positive it was me, not saying I’m doing these things etc. I tell them I can prove I’m innocent & was never near his home or in the other town I just need dates & approx time, they don’t have that. What’s the probable cause? Their answer is he filed a “citizens complaint” - local PD did no investigation, PC was not established & it was the city atty who signed off on it. He retired shortly after. What can I do?
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A:
In your situation, it sounds like the charges were based on a complaint without sufficient evidence or investigation. First, you may want to gather any documentation or proof that shows you were not involved, such as receipts, phone records, or witness statements. These could help demonstrate your whereabouts and actions at the time the accusations were made.
You should consider filing a motion to dismiss the charges for lack of probable cause. Since the police did not investigate the claims and your accuser has repeatedly stated uncertainty about your involvement, it’s possible to argue that there wasn’t enough basis for the charges in the first place. Make sure to present any evidence that supports your innocence when you challenge these charges.
It could also be helpful to request any records from the local police department, including the original complaint and any communications about the case. This can help you better understand how the charges were brought against you and whether the process followed was appropriate.
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