Question:

Can someone press charges against me without evidence?

by Guest63010  |  earlier

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Hello, I'm from Michigan and I'm being harassed and threatened by my ex's family. In May he was convicted of sexual assault and attempted murder for a crime he committed 9 yrs ago (prior to him being picked up on a warrant in Nov, I had no knowledge of his crime). Needless to say, I am no longer with him. (I am 39). We lived together, and he had given me his motorcycle several months before he was arrested. He had signed the title but we never took it and put it in my name, we didn't want to have to pay the taxes at that time. So the title was put away even though it was signed.

After his conviction (he is sitting in Maricopa Co. jail in AZ), his parents demanded I give them the motorcycle. I tried to nicely explain to them that he had given me the motorcycle, that it was no longer his. They do not believe me. Instead they chose to believe their son (remember, this is a guy who committed a serious crime and lied to everyone about it, including his family). He is telling them that he did not sign the bike over to me. They are now threating to press charges and have me jailed for taking his bike.

Also they are accusing me of take his stimulus rebate check and cashing it and emptying out his bank acct.

Of course none of their accusations are correct, it's all 'hear-say', they have no evidence that I have done these things. I believe my ex is sitting in jail feeding them a bunch of lies.

I have done nothing wrong, I feel like a victim. I am a single mom and don't need this.

His dad claims he has been made the guardian of my ex (or something lke that). Can his dad, mom, and 35 yr old brother file charges against me and have a warrant issued for my arrest just because they think I committed crimes based on a convicts ramblings?

Not only have they been calling and leaving harassing messages on my cell phone, but they are doing it to my dad as well. They even had the nerve to call my dad's employer and harass them. Fortunately these people do not know my new address or where I work. (The ex's family lives 2.5 hrs away).

any help and advice is greatly appreciated, I do not want or need to get picked up at my job or home in front of my daughter.

thanks

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7 ANSWERS


  1. You have nothing to worry about. If they do have you arrested their lawyer has the burden of coming up with evidence. Which from the sounds of it they will not find any and the charges would be dropped. Plus you have the fact that since his parents never owned the motorcycle they can not be the ones to press charges. Your ex has to be the one to do that and my guess is that he has more important things on his mind. I wouldn't worry about it. As far as the phone calls go I would contact your phone company and see about having their number block or change your phone number to a private one. Don't let him get to you. He is where he should be.


  2. From a lawyer.  They can be appointed as his legal guardian and have the power to enforce any legal claim for him in probate court.  It's unlikely they will win because this is his word against yours and he is in jail.  That said, if you have one brain in your head you would give them the motorcycle and try to prove you didn't cash his stimulus check, etc. because he is a dangerous, violent person and will get to know many other guys worse than him that would kill you for $50 or less.  Talk to a few cops and they will tell you.

  3. 1. Take the signed title and complete the transfer then sell the bike.

    2. Go to the police and report the harassment... take your dad so he can report the harassment as well. You can get something called a restraining order.

    3. The Ex's family CAN file a report but without any evidence no charges can be pressed and you will not be arrested (its not up to them you see.. its up to the police)

    Good luck and god bless

  4. Well, if they try to report it, they're going to need a story. If the police run the registration, they'll find him, but that doesn't mean too much. I can't see an agency going through with anything without talking to you, and I doubt they will even go that far. Unless they concoct some tale about him leaving it with them and you taking it. And even that will sound fishy. Of course, the name on the title doesn't mean much. People can sell vehicles, and while they are supposed to provide title, just because they didn't doesn't mean it's not sold. And he went farther and signed it. And people in jail get very little consideration when they complain of this sort of thing. The whole thing will sound so odd and so much like a lot of bogus reports that are made, that it's real unlikely anything will begin without you knowing it.

    Their lawyer has nothing to say about criminal charges. They're trying to buffalo you. These vehicle disputes come up all the time. Normal law enforcement response in all but clear thefts, is to tell the reporting party it's a civil dispute. Agencies are very leery of cutting warrants or entering vehicles as stolen without a reliable case.

  5. Ok here to help. Yes, they can press charges on you about the motorbike but they can not against the checks. Unless, money was takin out during the dates he was in jail (maybe) they might be able to press charges against you If only you were actually taking money. Now im thinking, About the Motor bicycle If yall two were living togehter with the bike in the house any agreement  could be maid. But, If his relatives want the bike you have no choice but to give it up sad to say but whats wrong with giving it to them for now and when your man gets out just have him get the bike back and yall can continue and actually go through with the agreement. If you refuse to & go to jail, The cops and the judge once you go to court dont wanna hear the fact that this agreement was talked about because theres no proof. And yes, i do believe your boyfriend Is feeding them Information(u betta handle that when he get out meaning u should not continue being with him, if lies are being told to his family) Plus, If his family press charges If you actually have voice mails where the family is calling cursing saying cruel things SAVE IT and when they get ready to call the police, You should call the police to and by the time the police come pulling up you should have the police already at your door listening to those voicemails. Or, Instead of all that..Let police hear the voicemails and file a police report. Therefore If accusations are maid against you, THERES NO PROOF ON YOU. THERES PROOF ON THEM CUZ YOU FILED A REPORT! easy and simple...

    -- Good luck with all this  

  6. In regards to the bike title, if you have no proof that you own the bike, a title, a contract, anything.. you are at a loss, and to make it easier on your self, just give the bike back, its not worth the time and effort this jerks family is putting you through..

    They are going to have to "prove" that you emptied those accounts, ie, bank statements, caught on camera, audio tape of you bragging... Otherwise, they've got nothing, and they probably emptied it their own d**n selves

    Contact a lawyer in regards to the arrest warrant, cause if there is actually a warrant, they can pick you up whenever, and wherever they think you are located.. Child in tow or not...

    IF by some chance you cant get in touch with someone to take your child when (and if) they show up, the child will be placed with social services..

    And as others have said, contact the police, and charge them with making harassing phone calls, and statements!

  7. people can press charges against anyone..but the case is only won by true solid evidence..doesn't mean that they always win..I would press charges again them for all these harassing phone calls and anything else that they are doing to you.

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