Legal Question in Criminal Law in Minnesota

I was accused of damaging my neighbor's property. The police falsely arrested me on false pretense of damaging my neighbor's van. I have proof of pictures of two vans registered under two names in two states under the same license plate number. After the incident, 4 days after i was arrested and bail out of jail, I took pictures of the van on my cell phone showing that the van was never vandalized in the first place. I have had a clean record up until April of 2010. I have never went to jail for anything. I told the police that I never damage her vechicle. I asked the police to show proof that the vehicle was damaged by me. They arrested me on hersay evidence from one of the neighbor's that out for revenge on me. The only hersay evidence that she has is the one neighbor that was listed as a roommate in the police report and not as a neighbor that lives above me. The police also forget to mention that the car was sold or title transfered from one neighbor to the other. Today, I finally got a hold of my public defender and she refused to look at my pictures or talk to my witnesses. She was in disbelief that there are two automobiles in involved under the same registration/plate name. In the police report the police mention there are two vehicles registed under two different names but only one is brought up in court as the vehicle that was damaged. I want to know what is the proper way of firing my public defender? I feel that she did not represent me fairly and in timely manner. How do I file complaint with the city for false arrest? How do I present my evidense in court since the public defender won't acknowledge that the car title was transfered to the other neighbor. I wasn't aware that officers can arrest you on hersay evidence and not factual physical evidence! I feel that my rights have been seriosly violated from the time of my arrest, the officers not letting call anybody to prove that I wasn't there when the crime took place to not allowing me to make phone calls to family and friends while in jail it wasn't until after my first apperance in court that I was allowed to make calls to family and friends. The public defender refused to give me the proper name and address that was titled on this vehicle that was just transfered to this other individual which is my neighbor that lives above me. The landlord refuses to hear my side of the story even though I have lived there longer than anybody in the building. This will be my first time for a fealony and eviction on my record!

Please tell me how to dismiss this case without going to trial or hearing? I have the pictures the show the car was never damaged in the first place! Do I not have a right to have the case dismiss if I can prove the car was never damaged and the plates and title are not properly registed to the victim and that the car was sold few days before the so called incident took place? How do I get this case dismissed without going to trial? How do I file a complaint with the attorney general about this public defender not representing me fairly? How do I get the landlord to released information that this vehicle is not registered/plated or licensed in the victim's name?


Asked on 4/27/10, 12:20 pm

2 Answers from Attorneys

Ross Brandborg Brudvik Law Office

You can't get it dismissed. Listen to your lawyer.

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Answered on 5/02/10, 6:22 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

There is no simple answer to your issue. A case may proceed to trial even on circumstantial evidence. At trial, the jury will determine credibity of the witnesses. The fact that the vehicle may have an invalid plate is not a defense to the charge and is irreclevant as to whether vandalism occurred.

For a consultation call 612.240.8005

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Answered on 5/02/10, 8:52 pm


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