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.
Mr. Padove is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Padove strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. If this information has been helpful, please indicate below. Burtonap@aol.com (219) 836 2200
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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