Ask Me Help Desk - Ipod sanario

iPod sanario

OK so me and a couple friends drove up to portland on a skate trip to skate a really nice skate park..

We arrive at the park and skate for a while then go to eat lunch, then all of a sudden someone's iPod is missing, and I'm getting accused of this since I was sitting in the back..

So this lady comes to my house threatening to press charges on me because the driver of the car said I "admitted" stealing it when I did but in a joking manner.. when the kid came up to us and asked where his iPod was I was like, I have it! But I was joking... but I guess some people took it seriously, PLUS I have a previous charge of stealing rims from and abandoned car which prones them to believe I took it..

Is the lady able to press charges on me even though I didn't take it.. if so am I going to court over this stupid iPod?

If you have a history of theft, you'd better get a lawyer. Yes, she can come after you for theft of the iPod, especially since you admitted you stole it.

Really? Damn

If you were me the lady said if I paid her $300 before Monday she will not press charges, should I do that? Even though I didn't steal it

Quote:

Originally Posted by devinhan

if you were me the lady said if i payed her $300 before monday she will not press charges, should i do that? even though i didn't steal it

If you did not steal it, why would you pay money? And if you pay her, she will then believe you did steal it, and will come after you for more money and also legally. Did she tell you she has a paper for you to sign that will end your responsibility?

No but I have a contract for her to sign, I just don't want to be guilty for this just because I was joking around with my friend, and I know they think I did it because of my history..

But I have a contract for her saying

"I Mylyn Hansen will pay Jason $300.00 to replace his iPod Touch that was lost/stolen in Cody Anderson's Car. With this Jason will drop the whole case, not pressing charges accusing Devin Hansen of stealing Jason's iPod Touch."

Quote:

Originally Posted by devinhan

if you were me the lady said if i payed her $300 before monday she will not press charges, should i do that? even though i didn't steal it

I PMed JudyKayTee, a legal expert on this site. Hopefully, she will read this and give us her point of view on this.

OK thank you! I have till the end of today to decide, so hopefully it comes fast

Thanks again!

Quote:

Originally Posted by devinhan

no but i have a contract for her to sign

If you didn't steal it, why would you pay for it?

You would have to go with her to a notary and get her and your signatures witnessed to make it at all legal. Both of you should get a copy.

Quote:

Originally Posted by devinhan

"I Mylyn Hansen will pay Jason $300.00 to replace his iPod Touch that was lost/stolen in Cody Anderson’s Car. With this Jason will drop the whole case, not pressing charges accusing Devin Hansen of stealing Jason’s iPod Touch."

Something should be in there about not trying to get more money out of you.

I just don't want to deal with this when I already have another case on my hands, I was charged with theft for stealing from an abandoned car a month ago, and that still hasn't gone to court yet, so I'm waiting, I just don't want the judge to think I did this, because I was joking about having it to my friend

Quote:

Originally Posted by devinhan

i just don't want to deal with this when i already have another case on my hands, i was charged with theft for stealing from an abandoned car a month ago, and that still hasn't gone to court yet, so im waiting, i just don't want the judge to think i did this, because i was joking about having it to my friend

But paying her off makes you look guilty.

Yeah that's what I tell my mom, but she's just really worried about me

Quote:

Originally Posted by devinhan

yeah thats what i tell my mom, but shes just really worried about me

Do you have a lawyer for the hubcap thing?

Yeah, legal aid so it was free, lol

Quote:

Originally Posted by devinhan

yeah, legal aid so it was free, lol

Good! Call them in the morning to ask about this $300. Or can you call now?

I just tried calling now, no answer :(
But I'll call them tomorrow morning

Legal aid is never open weekends. Ask your Legal Aid Attorney.

Otherwise, joking or not, you admitted guilt. I don't know if she has witnesses to your admission but I think the Judge is going to ask why someone with an arrest pending, which you have, would fool around, admitting guilt. If "the woman" presses charges I see you being found guilty.

An admission of guilt is just that, unfortunately, and I wouldn't want to be arguing "he was only kidding."

Quote:

Originally Posted by JudyKayTee

Legal aid is never open weekends. Ask your Legal Aid Attorney.

Otherwise, joking or not, you admitted guilt. I don't know if she has witnesses to your admission but I think the Judge is going to ask why someone with an arrest pending, which you have, would fool around, admitting guilt. If "the woman" presses charges I see you being found guilty.

An admission of guilt is just that, unfortunately, and I wouldn't want to be arguing "he was only kidding."

Should he pay off the woman with $300 and get her to sign something?

Quote:

Originally Posted by Wondergirl

Should he pay off the woman with $300 and get her to sign something?

Personally I wouldn't pay anything if I didn't steal it.

I would ask the Attorney first but, yes, I think it's the way to keep from being charged and having that charge on his record - pay the woman.

But, yes, I would get wording that holds him harmless from any further claims, civil or criminal, in connection with the LOSS of the I-Pod.

This is one of these where the moral me is pulled in one direction and the legal me in another. The only way to keep from being charged appears to be to pay the woman and, as I said, if he doesn't I don't see a Court believing (in view of his record) that he was joking.

I hate these moral/legal questions!