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-   -   Car Egging Situation (https://www.askmehelpdesk.com/showthread.php?t=354893)

  • May 17, 2009, 06:40 PM
    Zazonker
    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.
  • May 18, 2009, 06:32 AM
    JudyKayTee
    Quote:

    Originally Posted by Zazonker View Post
    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.
  • May 18, 2009, 07:04 AM
    JoeCanada76
    Quote:

    Originally Posted by jswear28 View Post
    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.
  • May 18, 2009, 07:15 AM
    excon

    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
  • May 18, 2009, 02:14 PM
    JudyKayTee
    [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.
  • May 18, 2009, 05:11 PM
    twinkiedooter

    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.
  • May 18, 2009, 05:22 PM
    Fr_Chuck

    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.
  • May 19, 2009, 04:45 AM
    glasscastle

    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.
  • May 19, 2009, 08:59 AM
    this8384
    Quote:

    Originally Posted by glasscastle View Post
    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."
  • May 19, 2009, 11:16 AM
    spitvenom

    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.
  • May 19, 2009, 11:24 AM
    spitvenom

    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.
  • Jun 22, 2009, 06:25 AM
    ScottGem

    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.

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