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Crimianl case dismiss with prejudice?
It's a long story. A friend of mine is managing a duplex, a new tenants suppose to move in prior she gave him a deposit for $200.00 the day came the lady does not want to move she wants her money back. He said to her, I do not have it with me, I need to call the owner please come tomorrow. When he gets into his car he was attacked she stood between the door and him and started ho hit him with her fist. She broke his glass, damaged his car the amount close to $2000.00 besides leaving big marks on him.
He tried to defend himself by pushing her to get away from her. The guy leaves he is in shock 2 hours later he goes to the police its in Phx, AZ. The lady who attacked him file an assault charge against him she plays the victim after attacking him. He is a man 6"2 220LB. The police take her a Victim and he is the bad guy even due she was the aggressor." she has al little scratch on her cheek according to the police report. Now she hired a lawyer to sue the owner of the place for her medical bill. What about his damage who is responsible her car insurance, his car insurance, the owner home insurance? The home insurance does not want to pay his share but willing to give her some so she will go away. The case went to criminal court but it was dismiss without prejudice. i assume it can be re file. Any suggestion what to do, who will pay for his damage? The lady is CRAZY!!!
Yes, he has pictures. Lots of bruises, he went to the police but her niece called the police first, the police came and he was gone, he made a big mistake not calling the police right away. He went to the police they did not want to see the damage to his car or the broken glass, they accused him to be the aggressor a man that hit a powerless woman. According to him she was so strong on drugs or something else. When the attorney called I told him it would be counter claim for damages she had caused and one month rent. The home insurance are aware that she and her attorney trying to scam the system.
2 Answers
- Anonymous1 decade agoFavorite Answer
First, you left allot of details out. Important details. Like, is it her word against him? Does he have any witnesses of her abuse? Did he go to the police station to make a complaint against this woman and the damage to him and the car and then found out she had filed a complaint for assault first? Sounds like they are scamming....You poor fella.
But you know what, since the truth is on your side, I would also file a counter criminal complaint against her, stating all his details. I wouldnt just sit there and be the only one answering charges...I would put her in the hot seat too. Then, work hard on validation of your claims. Pictures, ANYTHING that would cooberate your claims.
If these insurance companies are aware that you have officially filed a complaint against her, giving a whole different scenerio as to what happened, they will have to wait on paying the claim to her as then they would not be so sure she is the victim here. You will have your hat in the ring, so to speak also and you just might be the one getting paid, not her. But you have to file it formally like she did to make them take you serious. Then, after you file the complaint, send a copy to the insurance companies so they are aware of this filing.
Yes, you are right. Without predjudice means they can file again.
But I wouldnt take this, especially if she was the one that hit you and damaged your car. I would give this crazy woman a fight for her life, each and every step of the way. Good luck.
- Anonymous4 years ago
No, with prejudice capacity the case can't be re-opened. If it grew to become into pushed aside with out prejudice, then the fees may be delivered lower back at a later date. examine your order to make certain. greater beneficial than in all danger, the statute of obstacles has run on a petty theft besides.