I have been accused of an assault I didn't do. My anxiety levels, which were already through the roof due to coronavirus, are now life-threateningly high. I have never been accused of anything more serious than parking illegally, and I know very little about the courts. I am hoping that people can answer some of my more basic questions about how this process goes, and that a lowered level of uncertainty will help me calm down.
I live in Maryland.
I know this is long but I don't know what details do or don't matter so I've tried to include everything I remember.
I know you're either not a lawyer, or if you are a lawyer, you're not mine. I'm not looking for official legal advice. I am looking for input from people who are familiar with the legal system about what happens after someone has been accused of assault, and of what is likely to occur in my case in particular.
Lastly, please do not reply with the sole advice to get a lawyer. If I am actually called to go to court, I will find a way to get one. Right now what will help is getting a better handle on how this process works without draining the tiny bit of money in my bank account.
-----------------
Our neighbor across the street is planning to sell her house. She is in the process of moving to a retirement village, and spends most of her time there with her husband, who has Alzheimers. She is rarely home. She has been prepping the house for sale and usually tells us if work is going to be done on her house on a given day.
Yesterday there was a white box truck parked on the parking pad of the neighbor's house. She hadn't told us any work was being done. I was a little nervous about that truck being there, and called the neighbor to see if it was authorized. I couldn't get her.
The house is pretty far back from the road, but it appeared that they were taking things into the house, not out of it. So we assumed they were probably staging it (this later turned out to be true, when we reached the neighbor). I found it odd that there was a group all congregated closely together at one point, not while moving things but outside apparently just talking. No one was apparently trying to maintain any social distance.
Later in the day, I took the trash out and saw that the truck was now parked in the middle of the street. I had planned to go to the grocery store, and wanted to ask them to move it, but no one was around. The back was open as were both windows. I dawdled a bit and no one came back. There was no company name on the truck.
I went back inside and waited as long as I could, but finally had to go to the grocery store before it closed. I reluctantly walked up the neighbor's drive to find the men and get them to move the truck.
The door was open and there was a man standing a few feet inside. I continued to stand maybe 6 feet outside of the door, on the walkway, and asked him to move the truck. He replied that they'd be done in a little while. I told him I need to go to the store now, you need to move the truck. He replied that nothing was open anyway, that everything had shut down at 5 PM. This was not true, I don't know where he got that; our store had reduced its hours, but was open until 8. I reiterated that they needed to move their truck. I don't think he responded, or I don't remember what he said. I started asking for the name of the company he worked for, and he would not reply. I was hoping to call our neighbor again, try to confirm that they were even supposed to be there, and to ask her to ask them to move.
At that point, he came out, along with two other men behind him. So we were all on a narrow walkway with railing on one side and house on the other. The first man started going past me quickly, but then grabbed my left wrist and wouldn't let go. I don't remember the exact sequence of everything that happened next, nor exact quotes or timing, but I know we each repeated ourselves many times. The gist of what he was saying is that I'd touched him and that there was a virus going around and why would I do that. I absolutely had NOT touched him. I am unsure whether he made that up wholesale, or believed I did because I was standing at the railing and was close to him as he initially went by. I was trying to see any company name on his jacket or hat, but there wasn't any.
I said I wanted to go home but he continued holding my wrist. I continued to ask for a company name or anyone's individual name. I looked at the other men and they would not answer either. One of the others was apparently filming, since he had his cell phone up and the bright photography light on. The first man was saying he would get me thrown in jail, "I promise you, tonight".
The fact that he wouldn't let me go and the fact that no one would tell me who they were was extremely upsetting and I think is part of why I am having trouble remembering exact quotes and timing, though I feel like I need to do so. At some point, he used his other hand to call the police and claim I had touched him. I repeatedly asked to talk to the police and he ignored me. I started shouting what had happened in case they could hear.
I finally got away but I'm not sure how. I don't remember wrenching my hand out of his nor do I remember him finally dropping it. As I left he verbally told me not to leave because the police would be there, but I was able to go back down the drive, across the street and to my home. One of them followed me while continuing to hold his cell phone with bright light up. I told him repeatedly to get off our property. He did not comply, but when I was half way up the front steps, he finally stopped following me. I wouldn't be able to identify which man this was both because I was mainly focused on getting back into the house and because of the bright light.
Also while I was walking, I was aware of one of them around the area of the truck yelling about how I could have gotten out of my driveway anyway, that I hadn't even needed them to move. This is absolutely untrue and I think I could prove this, seeing as how the truck was still there when the police came. We have a van with a wide turning radius, and there is no chance I could have made it past their truck.
After getting inside, my partner called the police. He didn't really understand what was happening yet, and he focused in that call on the fact that their truck was blocking our driveway and they wouldn't move it. This is definitely the first time either of us called the police. However, another thing the man had been repeatedly shouting was that I had been calling the police on them for "hours". I don't know whether someone else had called or whether the claim was false. I wouldn't be surprised if another neighbor called about the truck at the point it was blocking the street, but it definitely wasn't us and I assume phone records would prove that.
The police spent a long time talking to the men on the street. They directed at least one car around the truck during that time, and I could tell it was difficult. And that was with going straight.
A police officer finally came over to our house and interviewed me. I told him what had happened, and I don't remember his exact words, but essentially he implied that if I'd asked nicely none of this would have happened. I wasn't nice or not nice initially, I was matter of fact. When they wouldn't move it, I'm sure my tone of voice could be characterized as un-nice. I was surprised, although I probably shouldn't have been, that my niceness or lack thereof was even an issue. I am a female and they were all men and I wonder if that is why. I have a hard time picturing the officer telling a male that he hadn't been nice enough.
I am also invariably seen as white, although I have a mixed ancestry, and the men all appeared to be black. At least one of the men had used racial epithets when I was walking back to my house.
The police officer asked me if I wanted to file charges against the man for grabbing my wrist. Maybe I should have said yes, but I said no, because I just wanted the whole thing to be done. I never wanted to see these men again nor involve myself in the courts. But then the officer handed me a slip of paper with a case number on it, and said something about I can look it up online. He didn't tell me where to do so or anything else about it.
I believe I've found where to look up cases in my county online, but there is no record of that case number or my name. I gather that having a case number means that man is pressing assault charges against me for supposedly touching him, but I wasn't even told that much.
My questions are:
Why can I not find this "case" in the system yet if it was already assigned a number? Does that mean anything? When should it be there? Does having a case number definitely mean I have charges against me? What likely is the charge, assault? Or something else? Is there even law that makes supposedly touching someone worse because of coronavirus?
How likely is this to actually go to trial? Do they have to do anything else to make that happen?
If it goes to trial, would it be postponed, done over the phone, or would I actually have to physically go to court during this outbreak?
If it goes to trial, how likely is it that I would be found guilty based on someone's false claim? If they all showed up with a unified story, which I gather they would do, would their ganging up on me likely be seen through by a judge or jury?
Does logic even matter here? It makes no sense for him to claim to be afraid of the virus when he kept me a foot away from him for a minute or two and he had no face mask. It makes no sense that he would be congregating close to other men previously, either. I had a face mask that I was planning to use when I went to the store, but I stupidly didn't bring it with me when I went to the house. I had thought I would just ring the doorbell, stand back, ask them to move their truck, and leave.
Does my level of niceness actually matter, legally?
Does it matter that their video would ostensibly show that he held my wrist and that one of them trespassed on our property? Or is that not relevant to the case against me? I assume the video would likely disappear anyway if they realized it would hurt them.
Lastly, does it matter that they apparently weren't associated with any legit company? Our neighbor paid some individual person, who was female, to stage the house. She does not know who these men were. |
Video
Web
Image
Music
BlogU
