I have been charged with a crime I didn't commit

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posted on Oct, 9 2012 @ 07:38 AM
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I didn't think in this day and age you could just call the police fabricate a story and have the person arrested !!? I had an argument with a coworker and the supervisor came in to break it up at that time the guy was screaming and yelling at me and making threats. During his rash outburst I did not say or do anything besides telling the supervisor that even though he was friends with this guy he was gonna have to do something. I wanted to call the police but he said we should take care of it at work. Fine. We came back in the am( work third shift)to have a meeting with management. Suddenly my supervisor had a memory relapse and said he didn't hear any threats but that I had a box utter in my hand!!that wasn't a lie but I was in the middle of working when the incedent occurred. Anyways they weren't interested about hearing about it if the supervisor didn't see anything. They told us to stay away from each other and to stay at opposite sides of the plant. On the way home I received a threatening text message from the guy so I called the hr lady and told her. She said it didn't happen at work so call the police. Which I did. Didn't make a big deal about it and didn't press charges. Well a couple days later I found out he called the state police and said I threatened him with the boxcutter. They took a statement from the supervisor and although he didn't tell them that Jon was threatening me he did say that I in no way shape or form threatened him with the box cutter. So they asked me to come in and make a statement which I did. I wasn't charged at that time. So about three weeks go by and I didn't hear anything so I figured they dropped it because it was obvious he was lying. Then I get a phone call say I had to come in so they could charge me. They wrote it up as menacing even though it was clearly stated I didn't threaten him. When I asked why I was being charged still the officers response was it wasn't even his case and I would have to take it up with the d a now. I tried telling him all he had to do was goto my work and they could tell him what was going on. But he wouldn't even let me finish telling him. He was treating me like I was guilty already and didn't want to hear it. I thought u were supposed to be innocent until proven guilty. Not here in n y I know they've heard it all but even if one person out of a thousand is telling the truth it is there duty to investigate it. But instead I get"it's no big deal.plead guilty and you'll get a fine. No thank you I said. I didn't do anything and I'm not pleading to anything. The d a had the statements for two days and called me to let me know he was dismissing the charges but the damage had been done. It was four months later and you know how rumors fly at work. The guy told everyone I tried attacking him with the cutter and they had seen my name in the paper so they assumed it was true!!i have no idea what I can do so I would really appreciate any info or a direction I could go to make sure no one else has to go thru this.




posted on Oct, 9 2012 @ 07:52 AM
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write to the paper and if possible explain the story. If anything pay for a few ads in the same paper and just tell your side of the story. The same people will see it.

Maybe the paper can make a new story out of it, try and sell it off as a case of little guy VS big guy. It might cost you your job.

What you could do though, and this seems petty, but pull an anonymous prank on him and wait for his violent temper and paranoid mind to kick in. He will confront you and record it. Or appear where he hangs out with a recorder and get him to admit to the real events of the incident. Pride sometimes can be betraying. He might take pleasure in shoving in your face that he got away with it. Then find the most gossip ridden mentality at work. You know the radio to the work place, and show her/ him everything. Don't tell that you did the prank, or provocation.

You need to study your adversary and use his strengths against him. If his pride and ego are big, and you know he won't pass up the chance to show you up, be smart and set the trap. Let the eager beaver walk into it, and be prepared for all contingencies.

This is war mind you. Be prepared for possible retaliation and blow backs. If your resolve is sound, then you should be fine. If not, any weakness will be apparent to him.

You might want to carry a easy recorder you can operate in your pocket. Learn to use it with one hand and memorize each button. A verbal admission will be your greatest victory. Then show the world. Maybe even get him to admit to something similar he did to another person. If there is another person he did something like that to, find him and make an alliance in the spirit of revenge.

I tell you all this because he will try and get you fired. That much should be obvious to you. Protect your bread.
edit on 9-10-2012 by BIHOTZ because: (no reason given)



posted on Oct, 9 2012 @ 07:59 AM
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reply to post by notsoobvious
 


I would definitely NOT go public (the paper). Talk to an attorney. Won't cost anything for a consultation. See what your best legal options are. Let the atty know that the guy lied, show him the txt message (he's clearly not the shiniest penny in the piggy bank but hopefully you are smart enough to have saved it). Tell the atty that the guy's lies have created a hostile work environment for you.



posted on Oct, 9 2012 @ 08:00 AM
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Originally posted by notsoobvious

But instead I get"it's no big deal.plead guilty and you'll get a fine.


This is epidemic in America. It's so regular and passe that the term corruption no longer applies.

It has become commonplace for people to be screwed by the system then bullied, frightened, tricked by that same system into accepting it in the form of a plea.

And what does it say about a system when all the players in that system, the lawyers and the judges, have so little faith in the system they work for that they honestly believe pleading is preferential to a trial?

The whole thing is broken. Beyond broken. I am very sorry for you and wish you all the best.

Being caught up in this mess is the closest thing to hell of earth.



posted on Oct, 9 2012 @ 08:19 AM
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reply to post by jtma508
 


yeah the paper is a bad idea now that I think about it. It will definitely cost him his job, though, anything he does legally will. This to me is a situation the law is not able to mitigate. Especially since the supervisor is friends with the coworker in question.

If you do get fired, you might want to show some face, since you don't know where those people you knew might turn up. That to me is the only purpose of "face".

He will get fired eventually if he does nothing. He will get fired or suffer the consequences if he takes legal action. His employer will need to spend money in preemptive legal advice/ defense, since the event happened at work, and a supervisor was involved.
IMO.....



posted on Oct, 9 2012 @ 08:47 AM
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That happens more than people think. The other person is trying to make himself look like his actions are right and your actions as wrong. We all do this to a certain extent but usually not to this extreme case. He may have perceived based on his beliefs that the boxcutter knife was a weapon being yielded. Evidently it was a coincidence that the tool was in your hand. I understand others perceptions, I cannot explain them. Confronting someone who has such strong beliefs can sometimes make things worse. I'd just avoid the person till things settle down, not saying to much to keep the person refueling his perception. Confront them later and tell them that the boxcutter was just with you because you were using it for your job. Trying to confront someone when they are in a delusional state is not wise.

The police have to investigate all things to make sure they are satisfied that things won't happen in the future. Someone verified the situation, I wouldn't automatically say the boss was siding a hundred percent with the guy. The boss may have downplayed the situation to the police to get the charges dropped, seeing that his friend may have had some problems with his perception after talking to him for a while.
edit on 9-10-2012 by rickymouse because: (no reason given)



posted on Oct, 9 2012 @ 08:51 AM
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reply to post by BIHOTZ
 


Not that it's impossible that he would get fired if he goes the lawyer route but that in and of itself is a crime. You cannot legally retaliate against an employee for pursuing legal remedies for a workplace issue. Sure, the company could try and skirt the rules to get rid of him but they run serious legal consequences if they do.



posted on Oct, 9 2012 @ 08:53 AM
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reply to post by notsoobvious
 


Hate to hear that but you do know this kind of thing happens all the time.

Why just last month we had that big story about the ex who called the cops and claimed her boyfriend was going to blow up an airliner!

ABC News - A bomb hoax in Philadelphia that turned a Dallas-bound flight around and led to a full-scale SWAT response was apparently triggered by a spiteful ex-girlfriend who telephoned authorities to say her former beau was aboard the US Air flight armed with liquid explosives.

“This is no joke,” Sullivan said. “These will be federal charges…they’re going to be very serious charges.” He said authorities did not yet have a motive for the hoax. “It’s just an incredibly foolish and irresponsible thing to do,” he added. “And bottom line, it’s criminal.” All 69 passengers and five crew members on flight 1267 are safe.

Story here

Just stick to your guns, dont cave into pressure. your right their wrong, period, end of story.



posted on Oct, 9 2012 @ 09:12 AM
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get an attorney, tell him everything.



posted on Oct, 9 2012 @ 09:27 AM
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reply to post by notsoobvious
 


I learned about this stuff this year too. No one is interested in your side of a story. They will offer you a chance to plead no contest (that's like say you are guilty) maybe even lesson the charge and try to get you to plea to it and pay a fine of course. Your attorney works with the system, they don't care about you really. My attorney tried to get me to take a plea even though she knew I was innocent AND told me to dismiss a case would be very unusual. I saw that as bizarre (and it is). I realized my attorney was just a shark in the system and wasn't giving me good advise. If you are innocent, fear no evil and hold to the truth.

If you are innocent, you are doing our system a disservice if you let them scare you into taking a plea. It's a common way to fleece those who let fear guide their decisions. If you are not guilty (for real) plead Not guilty and stick with it. Demand a trial with a jury of your peers, this way at least you have 12 people to judge your case.

In my case, I held my ground (the bible gives the conditions in which evil can't hurt you) and my case was dismissed four months later.


If it means anything, this is what I learned.... It is best to avoid strife in the first place...just keep your mouth shut, ...don't let them pull you into their hell with them, just walk away.



posted on Oct, 9 2012 @ 09:47 AM
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Originally posted by Ghostinshell
get an attorney, tell him everything.


^^THIS^^

I wouldn't talk to anybody at work about it either.

sue him for false charges and defamation of character.



posted on Oct, 9 2012 @ 09:54 AM
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Get two lawyers.
One to fight the charges, the other to start all the lawsuits.
Sue your co-worker, your boss, the company, the cops, the DA, and anybody else involved.



posted on Oct, 9 2012 @ 09:58 AM
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reply to post by notsoobvious
 


ARe there any security cameras?



posted on Oct, 9 2012 @ 10:17 AM
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reply to post by notsoobvious
 
it is now the day and age of the week and poor that are guilty till proven innocent, if you to say cut the guy it would have been self defense, this could turn it too attempt to do bodily harm.
You are Guilty till proven Innocent



posted on Oct, 9 2012 @ 10:30 AM
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First thing I thought when I saw the title was - Wow! You can join the A Team...

However, there are some problems you are going to have. My suggestion is get a lawyer. My hope is you have saved the text message he sent you because what you are facing is a situation (as you described it) of a preponderance of evidence against you.

I am not a lawyer but I have done a good many investigations in my day in the military and now I am a PI in Missouri.

You have two people who have corroborating stories of you threatening the other guy with a box cutter against the txt message and your testimony that you did not.

You will have to either prove that they are lying in some way (perhaps there were other witnesses or video surveillance cameras your lawyer can get access to) or you will have to attack the person's character and credibility through character witnesses while finding people to establish you are not a violent person.

Even if the video doesn't contain audio it can show that your body language and posture are non-threatening nor did you brandish (threaten by waving the box cutter around) the "weapon".

You can subpoena his phone records and those of the supervisor to show that they talk outside of work and get witnesses to their personal relationship which will help negate the "senior - subordinate" relationship the jury m might use to think in a biased way against you. Also, this will negate his impartiality and require review from his boss which then will make his life more difficult.

That is about as good as you can do in court with what you have.

I also recommend doing a reverse phone look-up on the phone text message print off a copy take it the then court house and file a protective order. Most places that is free.

Then you can start thinking about suing the company since the supervisor was acting as their agent at the time of the incident and probably violating their ethics and workplace violence rules. Ethics because he is lying of course. However, if he continues with the lie its actually worse for him as most companies have a zero tolerance policy for workplace violence involving weapons and as you said he did nothing to you at the time other than separate you two.

However, to sue you must first suffer some kind of damages to get a remedy. If you lose your job (which seems likely) you can sue for that and any court costs related to your defense of the bogus charges made by their agent. Since he is using his role as supervisor to manipulate the situation. Also, you could quit and claim a hostile work environment and in most States be eligible for unemployment even if you leave voluntarily.



posted on Oct, 9 2012 @ 10:34 AM
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My heart goes out to you. Friends of ours in Co had their son accused of something he didn't do, the kid even passed a lie detector test. They kept telling them to have him plead guilty and it would all go away.

They didn't, and it cost them a year of their lives and an entire inheritance. I was in tears for her many times. They treated him like a criminal from the moment the accusation was made. Innocent until proven guilty is NOT how the system works. No-one cared about their side of the story and even their lawyers kept trying to get them to take the plea. The DA finally got tired of trying to make a deal and dropped the case.

No one deserves to go through what they did.

Fight this with everything you have. Don't plead guilty, don't allow them to send you to psychiatrists, or counsellors (anything you do or say will be misinterpreted and reported). Hang in there, you are in my prayers.



posted on Oct, 9 2012 @ 10:39 PM
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Honestly? Just move on with your life.

The sting of injustice will always be there, but you just move on.

If you sit and dwell on your anger then you will eventually be consumed by it and your personality will change to become the focal point by that anger. You'll just become that guy who "got away with it" then became vindictive about it.

Just move on.



posted on Oct, 10 2012 @ 01:45 AM
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The best thing you could possibly have is the threatening message from the moron. By the sounds of it, you will have no problem defending the charges.. I wish you luck also.



posted on Oct, 10 2012 @ 01:50 AM
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You should have whooped his ass after work



posted on Oct, 10 2012 @ 02:02 AM
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need

paragraphs....


please..





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