My partner has been sent to prison because he breached his bail conditions,the charges against him were for racial abuse,my neighbour who is well known to police for intimidating/harassing people and has made a false statement to police accusing my partner of being racial.I've got 2 other neighbours and also their children,whom have also been accused of racial abuse,their case went to court.when their case went to trial the judge threw it out.has my partner got a chance of his case thrown out by judge too?
Family Law Attorney
It is very rare that the three cases would be identical. Without knowing more facts no one can answer your question. I do suggest that you hire the attorney who handled the other two cases. he or she apparently has a good pulse on the situation and should be able to help.
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Criminal Defense Attorney
Ind. Code § 35-44.1-2-3(d)(1), available at http://www.in.gov/legislative/ic/code/title35/ar44.1/ch2.html, makes a Class B misdemeanor to give “a false report of the commission of a crime or gives false information in the official investigation of the commission of a crime, knowing the report or information to be false.”
I don’t know your partner’s chances of winning his trial without knowing more about his case. It seems like the accuser’s inability to succeed on the other cases is a good indicator about this case. I agree with the other attorney’s suggestion that you call the attorney who won those cases to see if s/he has information that will help your partner’s case.
If your partner is successful in showing the report was false, your partner may have reason to bring a civil lawsuit against the accuser. With malicious prosecution, defamation, or abuse of process cases, your partner might be able to win the cost of hiring an attorney for his defense, lost wages while being held in jail, and other damages, including punitive damages. To win those kinds of cases, your partner will have to prove the neighbor knew he was giving a false report. Please have your partner consult with an experienced attorney to see what his options are.
I have taken no action on your problem other than to review your question. I want to confirm that no attorney-client relationship has been created between our firm and you in connection with this matter, and that nothing in this response is legal advice to you. As you may know, the legislature and the courts can change the law in ways that may affect the strength of your case. In addition, the circumstances of your case may change. Because we do not represent you, we cannot keep track of, and inform you about, any change in the law. I must warn you that there are time limits for raising certain claims and defenses. Without taking more time to review your case, this firm cannot properly advise about those deadlines. You may lose your claims and defenses if they are not filed in court within the time allowed. I would advise you to retain the services of an attorney as soon as possible.
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