Legal Question in Criminal Law in Minnesota

auto service repair

A misdiagnossed repair resulting in breaking a bolt in which was that repair was done with gross neglagence (bolt twice as long as original,rubbing against serpintine belt!)after discussing my concerns I offered my visa card and mentioned despute rights, he screemed ''you will pay me $411 dollars cash and I'm never seeing you again!'' with that I drove away . He called a police man and filled theft of services charge against me! .. I'm I at fault??? P.S. I have a estimate of repairs for damages he has done to my car for $497..Thanks for prompt response.. I plead ''not guilty'' at first hereing. ..awaiting second...P.S.S. never fixed original repair!!!


Asked on 3/21/03, 11:15 pm

2 Answers from Attorneys

John Alme Alme & Strootman, L.L.P.

Re: auto service repair

It's an interesting case. Of course, it's not uncommon for car owners to have disputes with auto garages over repairs and repair bills. Very interesting facts, though, and whether or not you're at fault, the details may well create compelling "mitigating circumstances" that can be used in your favor. You should definitely consult with a lawyer in more detail. Let the attorney see the police report (if there is one), any complaint or citation and any other court papers you may have received. I would, like most attorneys who practice in criminal law, review your case with you at no charge. After that, you'd have a clearer understanding of exactly where you stand and what your options are.

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Answered on 3/23/03, 10:57 am
Thomas C. Gallagher Gallagher Criminal Defense

Re: auto service repair

If you have evidence you can bring to the trial that (1) you had a legitimate dispute about whether you owed mechanic money, or he you; (2) you offered to pay with a credit card so you could dispute the charge through credit card company but mechanic then refused though he normally accepts credit cards; (3) a mechanic-witness to testify that first mechanic caused damage rather than repaired problem -- then, with a good criminal defense lawyer helping you, I would be optimistic about your chances of success at trial. If you would like to discuss with me, please feel free to contact me.

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Answered on 3/24/03, 4:03 pm


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