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jswear28
May 17, 2009, 01:38 PM
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 don't 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?"

JudyKayTee
May 17, 2009, 01:49 PM
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.

The Judge will decide who is telling the truth.

Zazonker
May 17, 2009, 01:53 PM
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.

JudyKayTee
May 17, 2009, 02:04 PM
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.

Curious as to the witness rules in your area.

Zazonker
May 17, 2009, 02:44 PM
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.

Fr_Chuck
May 17, 2009, 03:14 PM
Let me see you confessed to someone that you did it.

They go to court and point at you and say, yes he told me he did it.

If you had other arguments with them, those will be shown in court to show motive. So basically people are convicted for less

Fr_Chuck
May 17, 2009, 03:17 PM
Please stop starting new threads,

If you want to add things to a existing thread do so by "answering" your own question,

I have deleted some of your posts since you keep starting new threads

JudyKayTee
May 17, 2009, 03:21 PM
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.

jswear28
May 17, 2009, 03:24 PM
What is the most likely outcome of this situation??

Fr_Chuck
May 17, 2009, 03:27 PM
Let me see,

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.

You will basically be found guility very likely.

jswear28
May 17, 2009, 03:30 PM
The thing is I did not tell anyone that I did it. So what is the other evidence? Nothing right?

jswear28
May 17, 2009, 03:40 PM
Let me see,

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.

You will basicly be found guility very likely.

Numbers 2, 3, and 4 are all wrong. I didn't brag about nothing, so I don't know where that came from. There is not a witness that will say I bragged about it, and I have had no problems with this EX friend. So get the facts straight first.

Fr_Chuck
May 17, 2009, 03:44 PM
You stated " used to be friends" so if they are now ex friends had to be some issues, esp if you egged their car

Bragged, you told someone you did it, that is bragging basically, and the reason most criminals get caught, they have to tell someone what they did.

Please keep your facts straight, but I am merely telling it the way that the DA will with you sittinng them in court

JudyKayTee
May 17, 2009, 03:45 PM
I'd drop the attitude before you go into Court. An ex-friend is someone who is no longer a friend - for some reason. That indicates some problems.

It has been explained to you - if the Police decide to file charges you will go to Court and explain that you didn't do it, that you never said you did, give an alibi.

She will bring in the friend who supposedly heard you confess.

The Judge will believe one of you.

As a side note, I'd LOVE to hear this statement in Court: "the thing is I did not tell anyone that I did it. " The argument should be that you didn't do it and have no idea why the witness said that you did -

jswear28
May 17, 2009, 03:50 PM
We are ex friends just because we do not have classes together and we just don't talk. I don't know where its coming from whoever said that I bragged about it. Once again, I did not tell anyone anything because I didn't do it. Now I'm going to end up paying for damages when I did not do it. Plus it was raining that day. How much trouble would I be in if I lost in court?

JudyKayTee
May 17, 2009, 03:55 PM
It is probably a minor charge - but there is no way of knowing that.

If you didn't do it, show up with your proof, discredit the witness, win the case.

Time to close this thread.

Fr_Chuck
May 17, 2009, 04:13 PM
Well that is the problem, a witness in court will say you told them,

So it will be up to the judge, the DA will dig up any reason, any person that you may have ever said a bad thing about this girl.

Remember the DA is paid to find ways to find you guilty.
Courts is not about justice, it is about one side trying to prove the person charged guility.

jswear28
May 17, 2009, 04:14 PM
I just don't understand how she can take me to court just by hearing that I did it. Doesn't there have to be more evidence?

JudyKayTee
May 17, 2009, 04:18 PM
You aren't in Court yet - only the Police know whether they are going to file charges against you.

We don't know. If her statement is compelling and there might be cause for you to egg her car, yes, that's all the Court needs.

Fr_Chuck
May 17, 2009, 04:33 PM
Also there are two court issues,
Criminal and civil,

Even if the criminal court finds you not guility, the civil court can still order you to pay for the damages. The level of evidence and the evidence allowed is a lot easier in civil court. *** just remember OJ's trail.

Zazonker
May 17, 2009, 06:40 PM
I have one final comment on this, then I will say no more.

I think you have done a disservice to the OP in giving him the strong opinion that he is going to be convicted or found guilty in civil court or both. Yes, that may happen and yes, people have been convicted for less.

But, on the information that OP provides, the ONLY potential evidence against him is that he told a person that he did the egging. Based only on that, I consider it unlikely that a DA would bring charges. But, even if charges are brought, the witness could testify that he heard OP make the statement. OP could testify that he made the statement but had not actually committed the crime. He just thought the witness might think he was "cool" for having done it. -- Not a slam dunk conviction in my mind.

In small claims court, a similar scenario. Preponderance of the evidence applies, so easier for the plaintiff to win. Same comments made by both witnesses. While anything can happen, I would expect a ruling for the defendant.

JudyKayTee
May 18, 2009, 06:32 AM
I have one final comment on this, then I will say no more.

I think you have done a disservice to the OP in giving him the strong opinion that he is going to be convicted or found guilty in civil court or both. Yes, that may happen and yes, people have been convicted for less.

But, on the information that OP provides, the ONLY potential evidence against him is that he told a person that he did the egging. Based only on that, I consider it unlikely that a DA would bring charges. But, even if charges are brought, the witness could testify that he heard OP make the statement. OP could testify that he made the statement but had not actually committed the crime. He just thought the witness might think he was "cool" for having done it. -- Not a slam dunk conviction in my mind.

In small claims court, a similar scenario. Preponderance of the evidence applies, so easier for the plaintiff to win. Same comments made by both witnesses. While anything can happen, I would expect a ruling for the defendant.



I assume you are basing your legal opinion on your experience in the system and Courtoom.

Again you are dancing around instead of addressing your statement: "It takes proof to win in court. "Proof" would not include someone testifying that you told them you did it."

If there was incorrect advice given it was by you - the guilty/non-guilty opinion was simply advice and opinion.

JoeCanada76
May 18, 2009, 07:04 AM
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?"

These are your own words.

You told someone that you did it. It was not a rumor, you're the one that started this by admitting it.

What can they do to you. Mischief? Yes egging a car can cause a lot of damage. You should be prepared.

You should not have ever confessed to something you say you never did. That is just plain stupidity.

Enjoy your day at court. I would get your story straight because even here in the last couple of posts on this thread. You keep changing your story.

The police can probably question you but I doubt it will go to court. Even if you do go to court, just tell the truth.

excon
May 18, 2009, 07:15 AM
Hello j:

Having read all this stuff, it's my view that they can't convict you in a criminal proceeding... I doubt very highly whether criminal charges will even be brought... Yes, they have a lot of circumstantial evidence... But, that ain't enough.

It MIGHT be enough in terms of the civil case, though. There, you might lose. Ok, then you'll have to pay for a new paint job. Big deal. Next time keep your mouth shut.

excon

JudyKayTee
May 18, 2009, 02:14 PM
[QUOTE=Zazonker disagrees: I did not attack you in any way. My statement was correct, even if you don't understand it. Your personal attacks on me on unwarranted and your opinion is fauly. You can keep your website. I'm not wasting anymore time here.
.[/QUOTE]


First - this is a revenge reddie, pure and simple.

Second - I have REPEATEDLY asked you why third-party testimony and a third-party "witness" would not be permitted in Court and you have not answered me. You have, however, danced around and explained everything else, including an explanation of an answer you didn't give. Once again - you claim that I don't understand what you said ("It takes proof to win in court. "Proof" would not include someone testifying that you told them you did it..") I take that to mean that proof would not include testimony by the person to whom the OP admitted the crime. What did you mean? This is not correct as it stands.

Third - I haven't made any personal attacks on you. I have disagreed with you. See "second" above if you still don't understand. If the info you post is incorrect, be prepared to have someone ask about it.

Fourth - If you post something, be prepared to defend it or admit you made a mistake. Everyone does it, me included.

Fifth - I thought the info you posted on the church wage/hour question was most informative, new to me, most helpful. Was on my way to tell you so when I found this.

Sixth - You are going to have a very short career as a Paralegal if you write an opinion or do research which is incorrect and then argue that the Attorney can't understand you. That and the walking off when you can't explain yourself. See seventh below.

Seventh - Sorry you have decided to leave but apparently AMHD is not for you.

twinkiedooter
May 18, 2009, 05:11 PM
Was a police report made on the egg throwing incident? If it was not done immediately after the incident and the egg residue still on the vehicle chances are slim to none that nothing will be done. Even if you were observed throwing the eggs, a cop would have to see you do this as this is a misdemeanor crime that a cop has to observe. I had a wonderful wacked out neighbor in Florida who would throw raw eggs at my house and car on a regular basis (and on Easter I got treated to hard boiled eggs mashed into the paint job and windows). The cops were called while the egg was still running down the house and cars. Basically they refused to take more than a vandalism report even though it was observed by me or my husband that the guy across the street threw a dozen eggs. The cops didn't care. They didn't see it happen.

I seriously doubt anything will be done about this unless there is damage to the auto or the cop saw the egg thrower. I say this from a LOT of personal experience on the topic of Egg Throwing and the Police in Florida. Maybe they're different where you are and arrest you or take you to court for vehicle damage.

Please come back and let us know the outcome.

Fr_Chuck
May 18, 2009, 05:22 PM
I have seen people convicted ( may not be right) for just being in the wrong place, car broke into, person standing near by ( they are known to break into cars) guess what I have seen them arrested and convicted.

On the other hand, I personaly caught a person, in the home they broke into, and they get off.

glasscastle
May 19, 2009, 04:45 AM
I doubt anything will happen to you because it is a lot more trouble than it's worth for the family. Possibly they may come after you in civil court. If you are really worried I would find out if there is a police report and when it was filed. Think about who can validate your wherabouts at that time? Your parents? You did clearly state "Supposedly...I told someone" I never saw in your post that you admitted fault. Every american also has the right to trial by jury! If (and I really doubt it) it came to that point ask for a trial by jury... it's your right... and I doubt that a jury of citizens would find you guilty with such little evidence. Start preparing your case for yourself and be careful who you assosciate with from now on. Talk to your parents about this... they would probably be able to help you more than anyone on the internet.

this8384
May 19, 2009, 08:59 AM
I doubt anything will happen to you because it is alot more trouble than it's worth for the family. Possibly they may come after you in civil court. If you are really worried I would find out if there is a police report and when it was filed. Think about who can validate your wherabouts at that time? Your parents? You did clearly state "Supposedly...I told someone" I never saw in your post that you admitted fault. Every american also has the right to trial by jury!! If (and i really doubt it) it came to that point ask for a trial by jury...it's your right...and I doubt that a jury of citizens would find you guilty with such little evidence. Start preparing your case for yourself and be careful who you assosciate with from now on. Talk to your parents about this...they would probably be able to help you more than anyone on the internet.

This is a legal board. If you are going to post here, you need to ensure that what you are posting is accurate and according to the law.

1) The family cannot come after the OP in civil court. This isn't a civil case.

2) What bearing does the police report have?

3) This is NOT going to turn into "trial by jury."

spitvenom
May 19, 2009, 11:16 AM
No legal advice from me just wanted to point this out.

I see everyone saying You bragged/talked about it. But the OP first line clearly says Supposedly at a friends house I told someone that I did it. Basically that says to me Someone told this friend I was at a party and jswear was there and said he/she egged your car. No where does Jswear say I was at a party and I told someone I egged a car.

spitvenom
May 19, 2009, 11:24 AM
Oh and I just wanted to say this. The people on this site have GREAT info. This, Ex, Judy, Fr, Jesushelper, twinke, Give some of the best advice I have ever seen. So relax on jumping up and down on them especially if you are new to the site.

ScottGem
Jun 22, 2009, 06:25 AM
This thread has gone far afield. I'm going to try and get it back on track. When reading through this I caught the same thing SpiteVenom did. It looked like the OP was saying that he had said he did it, but what he actually said was that "Supposedly" he said he did it. So a lot of you did jump to the wrong conclusion.

I do not think the police would pursue a criminal case on something this minor. If the egging caused damage to the car, the owner might pursue a civil case to pay for the damages.

But, since there appears to be no proof, only someone claiming that the OP did it, I doubt if such a case would come to either criminal or civil court.

I will also point out, as an aside, that Zazonker and MN Lawyer used the same IP address and have been banned for alias abuse.