youngfan75
New Member
I received a summons to appear at District Court in the mail today, including a date and time for fingerprinting.
Here goes:
My wife purchased a device from a store and was told that she could bring it back within a 15 day period if she did not like it. I went with her to the store to exchange the device. The salesperson comes over with a smile and asks how he can help us. He is the same salesperson who sold her the device. As soon as she says she wants to exchange the device he starts to get a defensive air about him. My wife takes the bag over to the counter and puts everything out for the person. He looks everything over then remarks that he cannot let her exchange the device because the inner box has a rip on one side!
Well I objected to this, I even tell him I used to sell these type of devices at both a big box store as well as a smaller store and I never had a problem with people wanted to exchange with some sort of missing or damaged packaging. He calls his boss on the phone in the back of the store and comes back and said he is not taking the device back per management. During the exchange I did say I felt this was Bullsh** and he got very defensive. I knew we were not getting anywhere with him so I told my wife to pack everything up and we were going to a company store to see if they would help us. As we were packing things up he runs to the back of the store, i assume to call either his boss again or the nearest company store to tell them not to take the device back. I was told by the police that he actually was calling 911. He allegedly told us he was calling the police, I never heard that.
On my way home I receive a call from his manager and he states he was calling the police because I took a swing at the salesman! Nothing could be futher from the truth. I stayed behind the counter, never getting near him. I tell the manager he should look at the tapes before he accuses me of anything. He states he doesn't know if the camera system is working. Police call me at home and I give him my side of the story....
I am over 50 years old, never been in any type of trouble in my life. I had a transplant surgery 10 months ago, I certainly would not want to get in any type of physicial scuffle. I have more surgery coming up. I have chronic pain and have to take medication for it. I don't have any money due to all of this so I don't know if I can afford an attorney. I called Legal Aid but I get too much in disability for free legal counsel.
Questions:
1. Can I ask anyone if there is a tape of the alleged incident prior to my hearing in District Court?
2. As far as I can figure saying the word Bullsh** without saying something that the person would think means I want to hurt them is not a criminal act, true?
3. In a criminal court doesn't there have to be enough evidence so there is not reasonable doubt? How does it work in a he said/she said case like this.
4. Can I countersue for slander?
Any other tips would be greatly appreciated!
Here goes:
My wife purchased a device from a store and was told that she could bring it back within a 15 day period if she did not like it. I went with her to the store to exchange the device. The salesperson comes over with a smile and asks how he can help us. He is the same salesperson who sold her the device. As soon as she says she wants to exchange the device he starts to get a defensive air about him. My wife takes the bag over to the counter and puts everything out for the person. He looks everything over then remarks that he cannot let her exchange the device because the inner box has a rip on one side!
Well I objected to this, I even tell him I used to sell these type of devices at both a big box store as well as a smaller store and I never had a problem with people wanted to exchange with some sort of missing or damaged packaging. He calls his boss on the phone in the back of the store and comes back and said he is not taking the device back per management. During the exchange I did say I felt this was Bullsh** and he got very defensive. I knew we were not getting anywhere with him so I told my wife to pack everything up and we were going to a company store to see if they would help us. As we were packing things up he runs to the back of the store, i assume to call either his boss again or the nearest company store to tell them not to take the device back. I was told by the police that he actually was calling 911. He allegedly told us he was calling the police, I never heard that.
On my way home I receive a call from his manager and he states he was calling the police because I took a swing at the salesman! Nothing could be futher from the truth. I stayed behind the counter, never getting near him. I tell the manager he should look at the tapes before he accuses me of anything. He states he doesn't know if the camera system is working. Police call me at home and I give him my side of the story....
I am over 50 years old, never been in any type of trouble in my life. I had a transplant surgery 10 months ago, I certainly would not want to get in any type of physicial scuffle. I have more surgery coming up. I have chronic pain and have to take medication for it. I don't have any money due to all of this so I don't know if I can afford an attorney. I called Legal Aid but I get too much in disability for free legal counsel.
Questions:
1. Can I ask anyone if there is a tape of the alleged incident prior to my hearing in District Court?
2. As far as I can figure saying the word Bullsh** without saying something that the person would think means I want to hurt them is not a criminal act, true?
3. In a criminal court doesn't there have to be enough evidence so there is not reasonable doubt? How does it work in a he said/she said case like this.
4. Can I countersue for slander?
Any other tips would be greatly appreciated!
