[jswear28]

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]

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]

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]

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]

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]

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]

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]

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]

What is the most likely outcome of this situation??

[Fr_Chuck]

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]

The thing is I did not tell anyone that I did it. So what is the other evidence? Nothing right?

[jswear28]

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]

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]

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]

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]

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]

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]

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]

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]

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.