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Guys I need help, I've been wrongfully charged of Acts of Lewdness and Indecency

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sebasgrca16


Arresto Menor
I got wrongfully charged and now I'm suspended..
It's quite a long story so here's how it goes

March 2016, I was out on a date with my girlfriend. That was around 6:30 PM. I live at Place X while my girlfriend lives at Place Y. We took a cab and I dropped her of at Place B (since she rides a bus on the way home and Place B is the stopover) I can assume that we were already in a cab by around 7:53 PM. At around 8 PM, A dick photo was sent from my phone (facebook account) to my former professor in my college. I did not notice until I dropped my girlfriend off at Place B (the bus stopover) and decided to pull my phone off just to text her cute things like "i love you" and "take care" ( of course what i said was sweeter than that )

Given the situation, we do know that the dick photo was sent to my former professor while I was in the cab bringing my girlfriend to Place B. Do know that I intend on marrying this woman in the future. I really am serious about her. There's no way I can actually send a dick photo right after we had a fancy date. There's no way I can do that beside her.

I lost the case and I got suspended 3 days ago. The suspension will only take effect if I am successful with my letter of appeal.

Here's one problem. I never told my girlfriend about the case up until I found out I lost. I was scared coz I loved her that much. Not because I'm guilty. I was too scared to tell her all about it because she might suspect me or something or she might look differently of me. I don't think that is hard to explain.

Just because I wasn't able to tell her about this right away doesn't mean I'm guilty.. I was just too scared to tell her all about it like how scared you guys would be if ever you guys get accused of killing a person in the streets... My emotions got the best of me. I thought I could win this fight alone.

So why did I lose?

The discipline board claimed that I failed to present a plausible explanation. My statement said that I was with my girlfriend at the time the message was transmitted. They said that given that, it was incumbent for me to bring my witness (my girlfriend) to the hearing. But due to the possible effects bringing her would have to our relationship, I refused.

And now they think I'm guilty. Basically, I lost because I failed to bring my witness. My "corroborating witness"

My notice of resolution never stated anything related to IP tracking and subpoena issues. I was told by my friend however, that facebook only keeps records for 6 months, while the company SMART keeps records for a month. (I am a smart subscriber) So this means they were actually focusing on the fact that I was not able to tell my girlfriend about this earlier.

I have a plan to write a letter of appeal. I really will write one.

My Questions
1. Is it TOO LATE for a witness to come forward? (Since I already told my girlfriend about it and I'm planning to appeal and request for another hearing)
2. Would corroborating evidence get the case dismissed? Would it actually be ENOUGH? (My girlfriend saying that she was actually with me at the time and he wasn't holding his phone at the time the dick photo was transmitted)

notes
* We started eating at 6:40 PM. We left in such a way that we were already on a cab by around 7:53 PM
* I was able to submit photo evidence that I was with my girlfriend inside the restaurant at 6:41 and 7:08 PM. I do not have any photo evidence of when we rode a cab on the way to Place B
* Place X = Pasay
* Place Y = BF homes
* Place B = SM Makati

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