<p>Any law students, lawyers, or legally adept people.....</p>
<p>A man and his wife are on shaky terms in their marriage. In fact, they are living at separate residences. Nevertheless, they do have a child together and are trying their darndest to work things out as friends at least, for the child. Ok, so on July 4th, they decide to take the child to the zoo for a nice Independence day activity. To do this, the wife borrows her father's Mercedes SUV and they drive it to the zoo. While at the zoo, the man's mother shows up to spend time at the zoo and see her granddaughter (who she hasn't seen for like 3 months, because of the separation emotional garbage that was occuring). Ok, so the grandma (his mother--he's the non-custodial parent in the separation) holds her granddaughter (17 months old) and learns that she has a soiled diaper. She then asks if it is ok for her to change the baby, and the wife gets EXTREMELY upset and takes it as the husband's mother accusing her of being a "bad mom". So, for the rest of the zoo trip, and well, the day, the wife is reaming the husband about his mother and how "rude" she is, and how "rude" the husband is for even thinking that the grandma should have a chance to change the baby as a gesture of support (even though the wife's mother does it all the time).</p>
<p>Ok, keep the above scenario in mind, because it is important for the following case:</p>
<p>As the couple gets back to the car to leave the zoo, the husband notices that the Mercedes has two slight dents on the passanger side front fender, he doesn't worry about them, just notices them. The couple goes back to the child/mother's home so he can get his car and return to his house. The wife is still upset about the grandma and even more upset that the husband is not on here side with this issue. Well, since the husband is just completely flustered by the mother's badgering he decides to take off, despite the dinner invite from the wife. As he is leaving the wife tries to stop him, and pushes him so he is forced to lean up against the Mercedes.... so he, after he finally convinces her that he's for sure leaving, makes a mocking gesture towards the Mercedes's front fender (the dents). Thinking nothing of it... the husband goes back to his house, and figures he just needs time to let the wife cool off from the day's events. Nevertheless, three months pass, and the husband receives a letter in the mail that he has a warrant out for his arrest with charges of criminal mischief and he needs to appear in court or he'll be arrested. The husband, completely baffled by the letter, calls the wife and learns that her father called the cops later that night on July 4th and accused him of making the dents in his car. The husband, being an innocent person, shows up in court to plead not-guilty, he then gets a pre-trial conference and pleads not-guilty again, so the court sets a date for trial. </p>
<p>What chance does the prosecution in this case have of proving the husband guilty? Would you say the court is bluffing for the $800 fine they could possibly get for the class B misdemeanor? What would you, if you were the husband's criminal defendant, advise your client to do in court?</p>