Does he have a case?

Question

My step daughter, who is a senior this year, is being threatened, along with four of her girlfriends, by a junior girl's father because he thinks they egged her brand new car. He's an attorney, and says he's going to haul the girls to court on felony charges. One of the girlfriends admitted to being there, but she refuses to give other names. So because these girls are friends, he's going after them. Without any hard evidence, does he have a case???

Answer 1

Nope, not even nearly. Without any evidence, any eye-witnesses or anything the case will be thrown out. Besides, it's only egg! Kids do much worse things than that, at least egg washes off!

You've got nothing to worry about, he's just trying to scare you.

Answer 2

First of all he needs to petition the court first and file a complaint with the police. Lawyer or not a police report must be made. IF this has not happened then it would only be a civil trial and you would know if that was going to happen as you would be served with papers. I think these are just empty threats to scare you, and I guess its working a little. Egging anything isn't a felony that I know of in most states. Unless there was significant damage to property to take to the felony level.

So dont worry about it till something other than him talking about it happened then deal with it.

good luck

Answer 3

So far it does not have he has a legal leg to stand on; that said, what do you mean by one of her girlfriends admits being present? Need to clarify that a little bite, to get a better understanding of the big picture

If she admits to being present around the time of the incident, and she knows the names of other people with her at the time, just refusing to divulge the info, then that is a whole different type of animal, and you may still be facing further possible legal action against your daughter both criminal and civil

Answer 4

No not at all.  Also, he can't charge them with a felony, he is not the DA.  The most he can do is try and sue her, but with no evidence that won't go anywhere.

Answer 5

Has he called the police yet. Usually the police will come to your home and try to talk to your daughter to see if she was there. But if he has not called the police and this man is bothering you via phone calls meaning more then one call you could call the police and file harassment charges. If he is calling your daughter names making threats of physical violence then you really need to get on top of things and file a report yourself. But telling someone you are taking them to court is not a threat. You need to find out yourself if your daughter was involved.  If she was I would make her apologize to the girls father and offer to pay for part of the cleaning or repainting cost. Its a tough lesson to learn but people really should keep their hands off other peoples things. And is stinks for you if your daughter had nothing to do with it.

Answer 6

The sad sad thing is, the accused have to prove their innocence the accuser doesn't have to prove anything!

Answer 7

Well, he can certainly file a CIVIL suit if he feels he has enough to prove his case and not get laughed out of court, but only the city attorney or DA can file criminal charges.  An individual, lawyer or not, cannot FILE criminal charges.  He CAN file a complaint and ask that criminal charges be brought, and since the one girl has admitted being there, she would likely be charged, but since she is a minor (unless she is old enough to be considered an adult) if it was a first offense she would likely get probation with community service.  And egging is not a felony.  She would likely be charged with a misdemeanor.

So, does he have a case for felony charges - I would say NO!

Does he have a case for misdemeanor charges - perhaps but he cannot file the case himself, he can only file a complaint.

Is he probably all blow and no go?  Most likely a resounding YES!  Lawyers love to talk about how they are going to sue, etc., but they know the cost and effort involved more than most, and are the least likely to actually file a suit, unless they have something to prove to someone, usually themselves.  

Talk to your daughter, find out if she was involved.  If she was, urge her to do the right thing and 'fess up.  Better she gets there first and gets a much lighter penalty than trying to wait it out.

Answer 8

he has a point but no case they judge will instantly think a few silly girls egged a car so what? it wont even get as far as court. if they damaged the car that's different but otherwise he cant prove anything. the only person who will be in trouble is him for verbal assault. a threat is a verbal assault and can be taken very seriously especially if he is threatening young girls.

Answer 9

well, he will need to :

1. involve some sort of investigation to aquire the item with which the car was edged.

2. link it to your step daughter

3. take it to court.

4. bring the other girls as witnesses

t's a biiiiiiiig hassle, he's probably just intimidating her.

If he doesn't stop, you can ask for restraining orders for harassment

Answer 10

felony case for egging a car?

maybe if you happen to be in 1942 n**i Germany.

Lawyers learn to do alot of talking and scaring before anything happens because half the time it works...I'm pretty sure you have to be charged with a crime first before being "hauled" off to court and/or shot to death.

Let the police decide if theres enough evidence to lay charges and just smile and nod when Mr. ScaryAttorney keeps talking.