I shot a pitbull in self-defense. Apparently, the only "witness" lied and said i shot him recklessly (not anywhere near the dog, wild shots) when in reality i was only 4 feet away when the dog attacked me. She wrote a witness statement and gave it to police. The witness statement is the only reason i was charged with reckless endangerment (a felony), I have proof there is no way she could have seen what she said she saw through photographic evidence (trees, bushes, and hedges blocking the view where she said she was) how hard would this be to prove in court? Like i said, the only reason why i was charged with any crime is because of this false statement given to police. She is the ONLY REASON WHY I AM BEING BROUGHT TO COURT ON FELONY RECKLESS ENDANGERMENT CHARGE.
First, you need to be very, very careful what you write/post in a public forum when what you post has to deal with a potential crime. Second, you need to retain a criminal defense attorney who can assist you with facing this charge. You can use the Avvo Find a Lawyer link located above to search.
This opinion does not establish an attorney-client relationship, should not be relied upon as legal advice, and does not compel responsive follow-up answers. You are cautioned to contact a local attorney in your area who is duly licensed and is in good standing with the local state Bar for legal advice.
Did you tell the police "your side of the story?" If so, then the witness statement isn't the only evidence. Because your story admits
1. You were present
2. With a gun
3. And shot the dog.
The most powerful witness against you . . .is you.
Sounds like you might have a civil suit for malicious prosecution. Need to run this by an atty.
Claiborne H. Ferguson, Esq. is Certified as a Specialist in Criminal Trial Advocacy by the National Board of Trial Advocacy.
These would likely be issues for a Judge or jury to decide on the witnesses credibility. Watch the movie My Cousin Vinny to get a great example of disproving a witnesses testimony based on their view being blocked by trees, bushes and leaves.
Nothing in this communication should be construed as creating an attorney-client relationship. I provide this service for educational purposes only. I will take no action on your behalf unless you have hired me and a written retainer agreement is signed. I am licensed only in Tennessee and I strongly suggest you consult with an attorney in your city and state as Statute of Limitation deadlines can limit your recovery.
If you were charged with a crime, the first thing you should do is get an attorney. There is a reason we have to go to college for 7 years before they will even let us take the bar exam. As for proving a criminal charge, that is something you will have to lobby the prosecutor for, if and when, your case is dismissed. However, your first priority should be defending the charges against you.
After the case is over, you can certainly request that the prosecutor follow-up with a perjury or false report charge. However, I can tell you from experience, they are very reluctant to take such action. I have had video evidence in two separate cases showing the witness lied about what happened, only one of those resulted in a prosecution. In that prosecution, there were two co-defendants, and they both received a slap on the wrist. I have had many other cases where witnesses testified to things that were impossible. While many of them resulted in a dismissal, the witnesses were never punished.
There is one more possible action that you could take. If your case is dismissed, you might want to consult with an attorney that has experience with malicious prosecution cases.
But, for right now, you need to get an experienced criminal defense attorney in your area.
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