I believe someone has created falsified evidence against me in a criminal mischief case.?
I want to bring it to the prosecutors attention but if I bring it up before the next hearing or the trial it could cause the man accusing me to be able to find some excuse, which he is very good at. I know if I could get the cell records from that day it would show that he created some messages himself.
Also this is a criminal mischief case where I am accusing of keying his car which actually belong to GM at the time. The state is the ony against me but somehow this man, who I had an affair with by the way, is able to bring evidence from some alledged text messages from November. I dont understand why the evidence is coming from him especially since there has been contact between him and me and my husband in discussing resolving other issues since we all live in the same neighborhood. If he knew that there was a pending case against me he could have said things to try to make it look like I did it. I just thought since it was General Motors car they should supply evidence.
I am not really sure what the question is here but have to agree with the above posters, you need to get a new lawyer if you have fired the old one.
I don't know under what concept of law you think that the man's text messages might not be relevant in the case as they absolutely are if he was the one driving/in possession of the car at the time the car was keyed and any legitimate e-mails or text message are also admissible in Court if they support circumstantial evidence as to your state of mind and possible motives for damaging the car he was driving (ending our outing the affair?) regarldess of who actually owned it.
If you can prove by your records that he falsified any of the e-mails or texts that he presents in Court, a good lawyer would likely to be able to get all e-mails and texts stricken from the record and possibly his entire testimony, but again, you need a good lawyer to accomplish this.
If you did key the car, it might be in your best interests to make arrangements through your new attorney to see if the DA will accept a Nolo Contende agreement whereby you agree to pay damages for the car, but not admit to guilt or just have the charges dismissed in exchange for paying just so you can move on with your life as it will likely cost less and be less of a drain on you and your family than a lengthy drawn out litigation.
If you did not key the car and want to fight it your new attorney should work with a private investigator to come up with other people that may have had motive to key the car and then blame it on you (your ex lover of his wife, perhaps?) to demonstrate reasonable doubt. This could get ugly as what was once your private life will now become public record and fodder.
tobcol is absolutely right.
Heed his advice. Get a lawyer!
Answer:
The fact that you are asking for advice on such a serious matter on FreeLawAnswer, is probably why you are in this predicament in the first place. The people on this are wackos, don't follow their advice on a criminal matter. Get a lawyer.
