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This girl I used to be friends with, her car got egged. Supposedly at a friends house I told someone that I did it and she found out. Even though I didn't do it and I did not say I did she thinks that I did it and is saying that people are telling her that I did. So she is telling me now that her family is going to take it to the police. So now I dont know what to do? Can I get in trouble based on rumors? She has absolutely no proof. Is she just trying to scare me. That's what i thought at first, but now its getting more serious. Can it even be a court case when all she knows is what someone told her?"
She would file a report with the Police and they would determine whether there's enough evidence to arrest you.
If there is, then you would either enter into a plea bargain or standing trial, at which time the "witness" to your confession would testify, as would you.
It takes proof to win in court. "Proof" would not include someone testifying that you told them you did it.
Police would only be involved in a criminal case. A DA is unlikely to pursue a single incident of a car egging even if there is iron-clad proof. Most are just too busy on more important things.
I recommend that in the future you don't brag that you've done things you haven't done. You'll sleep easier at night.
It takes proof to win in court. "Proof" would not include someone testifying that you told them you did it.
Police would only be involved in a criminal case. A DA is unlikely to pursue a single incident of a car egging even if there is iron-clad proof. Most are just too busy on more important things.
I recommend that in the future you don't brag that you've done things you haven't done. You'll sleep easier at night.
Curious why you don't find the statement of someone who claims the person who committed the act told them directly that he did so - not hearsay - to be proof.
I tell you I committed a criminal act, you will be called to testify - at least in NY.
The person filing the criminal charge, of course, cannot testify because it is hearsay to that person.
The statement of the witness is different - again, in NY.
Judy,
A witness who observed the egging and can make a positive identification of the subject could provide a powerful evidence statement that might be considered proof.
A witness who heard a person state that he committed a crime can testify that he heard the statement, not that he has personal knowledge that the person committed the crime. I’m not saying that he couldn’t be called to testify. I’m just saying his evidence is less powerful as to the actual crime.
I’m not trying to get into a word-smithing battle with you. Just trying to respond to the question you put to me.
Judy,
A witness who observed the egging and can make a positive identification of the subject could provide a powerful evidence statement that might be considered proof.
A witness who heard a person state that he committed a crime can testify that he heard the statement, not that he has personal knowledge that the person committed the crime. I’m not saying that he couldn’t be called to testify. I’m just saying his evidence is less powerful as to the actual crime.
I’m not trying to get into a word-smithing battle with you. Just trying to respond to the question you put to me.
I didn't realize we were in a word-smithing battle. I thought perhaps you had superior knowledge or evidence is different in your part of the World.
For your review - this is what you said (on the legal board, small claims thread, no less): "It takes proof to win in court. "Proof" would not include someone testifying that you told them you did it." This is incorrect legal advice.
There was no mention of an eye witness. You are the first person to mention an eye witness. The question was answered exactly as OP posed it. The question is whether the person to whom the OP may or may not have confessed is a credible witness. He is.
You did not say "... his evidence is less powerful as to the actual crime." You said proof would NOT include someone testifying that OP told them he did it. This is simply incorrect.
I'm sure your paralegal training has made you well aware that once you make a statement, you own it. Saying you were incorrect or misunderstood or read into the question is one thing; attacking me for "word-smithing" is another.
You may wish to reread what you posted and research whether it is correct instead of attacking me.
1. ex friend
2. you bragged about doing it
3. they show witness that say you bragged about doing it
4 they show where you had problems with your ex friend
5. and they show photos of the damage to the car.