QUESTION
In What proof are needed in order for someone to attempt to sue you over theft?
Asked on Oct 04th, 2012 on Criminal Law - Georgia
More details to this question:
I am being accused of theft. Here is the backstory. I was asked to help a friend sell and move items of a friend’s deceased father. In return, I would receive a few items and a small percentage. After months of attempting to sell, I ended the friendship. I told her to come get her things. She is now claiming I took stuffs. I have pictures of what I did have. I asked her not to come to my house without me being there. She refused to wait. Is this trespassing? I asked her to wait until the following Saturday and to avoid conflict I sat them outside on my porch. She told me she would be thirty minutes. After an hour and a half, I left not considering just anyone can walk up. I am being accused of theft and she has been saying several negative things about me and my friends on Facebook. Her boyfriend has threatened to kill me, she has threatened, well hinted to breaking in my home.
5 ANSWERS
Administrative/ Regulatory Attorney serving Airway Heights, WA
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Clinton Law Office
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In a civil action you need to prove the charge by a preponderance of the evidence 51% In a criminal matter you need to prove the charge beyond a reasonable doubt 99%.
Answered on Oct 09th, 2012 at 8:52 PM
Michael J. Breczinski
It sounds like a business dispute that should be handled in civil court The claims are fabricated and if proven false could get them into trouble for lying to the police
Answered on Oct 08th, 2012 at 1:50 PM
Did you have a CONTRACT with her? You SHOULD have had a written agreement (you could have just hand-written one yourself) then this nonsense would have been disproved at once.
Answered on Oct 08th, 2012 at 1:39 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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She might be suing you civilly for replevin, conversion, and civil theft. There are certain hoops she must jump through in order to do this. Consult with a local attorney. I doubt that you will actually be sued. It will cost her $350 or more in court costs and service of process just to start a suit against you.
Answered on Oct 08th, 2012 at 1:38 PM
Anything that will stick. As long as the proof (including witness statements/observations) is reliable, it can be sent to the prosecutor's office, and the DA will file charges.
Answered on Oct 05th, 2012 at 4:11 PM