Fighting Bogus Theft Charges

[Sloan]

Hey,

This drummer I've been in a band with the past year has filed theft charges against me that are about $1160 in value. The penalty is 15 years / $25,000.

Here's the list of things he says I've stolen:

1. guitar stand
- he's a drummer and i used this thing at shows and stuff all the time, when i moved out of his house, he said it was cool if i used it

2. lightscribe cd's
- these were for burning demos on the lightscribe drive i bought for burning demos - he doesn't even have a lightscribe drive

3. "computer hardware"
- he doesn't own any computer hardware besides a laptop he still has

4. an office chair
- this wasn't even his, was other guitarists chair. there's two more and the dude's fucking DOG at this guy's house. also, i don't have an office chair, i'm sitting on an old tv. A Television. no shit.

5. Said i was using his credit card without his knowledge
- he agreed to cover my car insurance with esurance and talked to esurance associate on the phone and entered his information online himself.




Does anyone have any experience or pro tips they can share?
I've never been to court for anything but a speeding ticket, so I'm completely in the dark here.

 

[devouredremains]

Fuckin off em.

Seriously, it sounds like you have a good argument. You should be fine. If your worried I would secure a lawyer for the case asap.

I haven't personally been to court for anything like this before either so I'm lacking on the pro tips.

 

[EerieVon]

Hey,

This drummer I've been in a band with the past year has filed theft charges against me that are about $1160 in value. The penalty is 15 years / $25,000.

Here's the list of things he says I've stolen:

1. guitar stand
- he's a drummer and i used this thing at shows and stuff all the time, when i moved out of his house, he said it was cool if i used it

2. lightscribe cd's
- these were for burning demos on the lightscribe drive i bought for burning demos - he doesn't even have a lightscribe drive

3. "computer hardware"
- he doesn't own any computer hardware besides a laptop he still has

4. an office chair
- this wasn't even his, was other guitarists chair. there's two more and the dude's fucking DOG at this guy's house. also, i don't have an office chair, i'm sitting on an old tv. A Television. no shit.

5. Said i was using his credit card without his knowledge
- he agreed to cover my car insurance with esurance and talked to esurance associate on the phone and entered his information online himself.




Does anyone have any experience or pro tips they can share?
I've never been to court for anything but a speeding ticket, so I'm completely in the dark here.

The biggest item would be the insurance payment, but if he spoke to the rep at esurance and its documented then I wouldnt worry about it--when did he pay for the bill? Aside from that, I wouldnt worry about it.

Whats this guys motivation? Did you steal his girlfriend or beat up his puppy? Have you been contacted by the police yet?

 

[Sloan]

I have no clue what the guy's motivation is. This guy does all kinds of things that don't make any sense.
The police actually gave me the "Criminal Summons On Charging Document" last night. I was asking the officer all kinds of questions because I haven't a clue what any of this is going on about.

One thing I do know is that he smokes a literal SHIT TON of pot all the time. He rents a car every month or two to restock his weed supply in TN, where he has his only connection (i know this guy's name). He doesn't have any connections here because he just sits in the house, smokes, and watches TV all day. no shit. I just don't know how I can prove it in court, i do have a picture of him sitting at the drum set with a pipe on a music stand behind him, but that's about it.

 

[Sloan]

The biggest item would be the insurance payment, but if he spoke to the rep at esurance and its documented then I wouldnt worry about it--when did he pay for the bill? Aside from that, I wouldnt worry about it.

I'm not sure if they can document the calls or whatever, but I've got an email confirmation/receipt from them at the time the account was started. It was a monthly paid thing, so there's no way he would have not noticed it charging every month.

 

[Jarkko Mattheiszen]

Tell the court that the accusations are so outrageous that he must be either drunk as an ape or stoned, and demand a drug test. While everyone is shocked at the outcome of the test, you sneak out quietly, steal a car and escape to Mexico. Tequila, baby!

 

[-Gavin-]

I'm not sure if they can document the calls or whatever, but I've got an email confirmation/receipt from them at the time the account was started. It was a monthly paid thing, so there's no way he would have not noticed it charging every month.

I worked in the UK insurance industry for 3 years (For the largest insurer) and at least in the UK, ALL Calls are recorded and stored for, if i remember correctly, four years.
Dunno about America but there's a fairly high chance that you're fine on this one.

 

[cobhc]

Tell the court that the accusations are so outrageous that he must be either drunk as an ape or stoned, and demand a drug test. While everyone is shocked at the outcome of the test, you sneak out quietly, steal a car and escape to Mexico. Tequila, baby!

I'm with you bud, get the guy high as all hell, then demand a drug test .

 

[James Murphy]

could be dangerous, so i'm not saying to do this.... but i personally would call him and tell him calmlly to drop the stupid charges because you will easily win in court but don't want to be hassled with going... and that if he doesn't you'll expose his drug activity and name his hook-up.... and spread the rumour that he himself ratted his hook-up out. would put the fear in him. like i said though, that's just me.

 

[hoehlentroll]

yeah blackmail the fucker, but not on the phone - meet him in person. if you don't want to go through this court shit, meet him and ask him what he wants to shut up. a probably cheaper and easier way.

 

[Chryst Krispies]

Break his thumbs.

 

[Sloan]

yeah blackmail the fucker, but not on the phone - meet him in person. if you don't want to go through this court shit, meet him and ask him what he wants to shut up. a probably cheaper and easier way.

I have actually tried to talk to him. Here's a list of attempted phone calls:

October 15, 2008 (Wed)
7:58PM - _____ left message about "jamming" tomorrow

October 16, 2008 (Thu)
1:30PM - ____ left "theft" threat voicemail

October 17, 2008 (Fri)
1:36PM - Called _____, no answer, left voicemail
4:05PM - " "
5:19PM - " "
6:01PM - " "
7:27PM - " "

October 18, 2008 (Sat)
2:04AM - Called ______, no answer, left voicemail
5:02PM - " "
5:56PM - " "

October 19, 2008 (Sun)
1:06AM - Called ____, no answer, left voicemail
2:05AM - " "
10:35AM - " "
4:03PM - " "

October 20, 2008 (Mon)
9:43AM - Called _____, no answer, left voicemail

October 22, 2008 (Wed)
around 9:00PM - Received CRIMINAL SUMMONS ON CHARGING DOCUMENT from Talbot County police officer
drove to _____'s house to discuss charges, but he would not invite me in and accused me of "sabotaging the band".

 

[hoehlentroll]

ok. next tip: move far away!

 

[Sloan]

Here's the other thing, I lived in this guys house August 23, 2007 to August 12, 2008 - so it's not like we're complete strangers or something.

 

[hoehlentroll]

ok seriously
there is something behind all this. maybe you did something by accident that really pisses him off. try to speak to friends/other bandmates whats wrong.

 

[Sloan]

That's what is crazy about this guy, he never has a motive for any of the stupid shit he's done, like fire bass and guitar players all the time.

 

[Toni S.]

Hey,

This drummer I've been in a band with the past year has filed theft charges against me that are about $1160 in value. The penalty is 15 years / $25,000.

What, 15 friggin years for 1160$?!?! seriously?

 

[Sloan]

Yeah, that's what the paper says. It's crazy shit!

 

[whitedamp]

Come on dude, you did her girlfriend didn´t you? I can´t believe that this guy can be such an ass.
BTW, at least here in Brazil, if you tell the court who´s the drug dealer on most cases you can consider yourself a dead man.

 

[KeithTidd]

do what james is saying, you could avoid the court altogether.