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Man falsely accused needs legal advice

Posted on 10/22/2005 7:39:02 PM PDT by HarryDunne

My friend recently moved from Texas to California. Two weeks ago, he was arrested for a crime he didn't commit. His mother sent me an email describing the situation. It reads, in part:

Sunday morning, October 8th at 10:30a.m., Steve (not his real name) was sitting in his truck in front of his apartment talking on his cell phone. Two men approached him and said that he had exposed himself to their daughters. Both Steve and one of the men called 911. The police came, handcuffed Steve and took him to jail. His truck was impounded. He sat in jail all day until released on his own recognizance. He was given a ticket but I don't know what the exact charges are. He is being called a sexual offender and pedophile I think. One of the accusers has recanted and says she didn't see anything. The others still say Steve exposed himself to them. According to the men who confronted Steve, there is supposedly a woman who claims she saw a man walking around with no pants on. No one knows who she is. Thanks for any help you might bring.
I spoke with her this week and Steve's father is going to retain an attorney, so if you are familiar with legal proceedings of this nature, especially in Sunnyvale, California, and can offer some advice, it would be much appreciated.


TOPICS:
KEYWORDS: california; help; sunnyvale

1 posted on 10/22/2005 7:39:03 PM PDT by HarryDunne
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To: HarryDunne

How long was he on the phone? Cell phone records could be used in court, along with the testimony of the person he was talking with.

If none of the witnesses say the man they saw was on a cellphone, and the timeline of the call runs into the timeline of the witnesses, then their testomony would be questionable.

Sounds like if he covers his tracks on where he was and when, he will be out of this in no time.


2 posted on 10/22/2005 7:45:31 PM PDT by Peace will be here soon ((Liberal definition of looting: "Self-help Humanitarian Aid."))
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To: Peace will be here soon

I believe he was on the phone for quite a while before the men approached him.

That's a good idea about the phone records. I'll mention it to him. Thanks.


3 posted on 10/22/2005 7:51:55 PM PDT by HarryDunne
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To: Peace will be here soon
"According to the men who confronted Steve, there is supposedly a woman who claims she saw a man walking around with no pants on. No one knows who she is."

That is pretty damned flimsy evidence. But this guy is screwed either way. His reputation is going to be nothing but junk after this.
Hopefully he can avoid having to register as a sex offender. I hear that list is almost impossible to get off of.
I suggest that after this is resolved that he packs his bags and move back to Texas and get as far away from the "Land of fruit and nuts" as possible.
I'm guessing that one of these witnesses is pissed off at him for some other reason such as parking in a parking space that she views as hers.
It sounds like he has his own witness. Was his coworker with him the entire time?
The Cell Phone records idea is great. It could be argued though that he was on the phone when he did it so your buddy's lawyer is going to have to do some heavy grilling.
Good luck and God bless.
4 posted on 10/23/2005 7:48:17 AM PDT by Brainhose (My name is Manuel. I am from Barcelona.)
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To: HarryDunne

bump


5 posted on 10/24/2005 5:28:49 AM PDT by HarryDunne
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To: HarryDunne

Go look for security cameras, ring doorbells, etc.


6 posted on 04/24/2019 8:01:51 AM PDT by VA40
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