T.R | Title | User | Personal Name | Date | Lines |
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1115.1 | You DO have rights! | JAWS::TRIPP | | Tue Aug 27 1991 17:51 | 11 |
| No personal experience on this particular topic, but maybe it's time to
see if you could get some advise from a lawyer, especially if a police
report has been filed. Usually the first consultation is free, the
police also have an obligation to you to let you read, and give you a
copy of their report, and your children (the "acused") have the right
to make a statement in their own defense.
Not to make light of this but shall we expect to see you and your
children on Judge Wapner's show?
Lyn
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1115.2 | | SRATGA::SCARBERRY_CI | | Tue Aug 27 1991 18:49 | 7 |
| re.1
I don't expect to be on his show, but I do remember there being
a case such as this, and it could not be proven that this child
had in fact vandalized a neighbor's property.
I really hate this!
|
1115.3 | | VMSDEV::FERLAN | System Availability Development | Wed Aug 28 1991 09:27 | 16 |
|
Another thing to consider, take pictures of vehicles in question right
away so that you can't get blamed for any furthur damage... Also to
prove that the black car wasn't touched and the accusing neighbor was
wrong... You might even have a case against that person (for $$$ spent
trying to defend yourself...) Again, contact a lawyer and the police
right away...
What a horrible (best word I could use in this conference) situation
to be in... If the accusing neighbor wavers in any way, then you have
a case...
John
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1115.4 | Keep track of EVERYTHING! | BCSE::WEIER | Patty, DTN 381-0877 | Wed Aug 28 1991 10:23 | 9 |
| Also, it would be a good idea to write down things that have been said,
when they were said, by whom, especially if stories have been changing.
If this ever goes to court, it'll be a LONG time and things will be
fuzzy by then.... Better to have written down too much than not be
able to remember. Events/conversations, dates, involved parties,
details.
GOOD LUCK!
|
1115.5 | Get legal advice | TNPUBS::STEINHART | Pixillated | Wed Aug 28 1991 10:45 | 35 |
| Being accused falsely of a crime is a terrible thing. You have my
empathy.
I recommend that you obtain the services of a lawyer. Look for someone
who is recommended by his/her peers, who knows the local prosecutors
and judges, and who has experience in criminal cases. If you don't
know any lawyers, you may be able to get recommendations from other
local professionals such as your accountant or doctor, or by speaking
to local friends or church members. If there is a local NOTES file,
you can look there, such as NEW_HAMPSHIRE.
The lawyer will advise you to write a detailed description of
everything you and your kids remember happening. The lawyer may be
able to persuade the landlord and the prosecutor not to press charges
if the case is very weak. This will save you a lot of money in legal
fees. It is worth spending the money on a legal consultation up-front
rather than waiting to see if charges are pressed. Don't count on
getting your legal fees back from the landlord if the judge rules you
innocent; this requires counter-suing and MORE upfront legal fees from
you. At this point you may be so tired you just want out.
Persuading the accuser and prosecutor not to press charges is far and
away your best course, best aided by an attorney. You may choose to
offer some minor compensation (some might call it a bribe) to get this
guy off your back.
In the meantime, it is an unfortunate thing, but I would set aside the
money needed for legal fees, which can be substantial even for small
things. If you can't afford it (who can these days?) don't hesitate
to cry for pity from the lawyer who will probably give you a break.
I hope the whole affair blows over and the landlord acts sensibly.
Good luck,
Laura
|
1115.6 | | USOPS::GALLANT | git up, get into the rhythm... | Wed Aug 28 1991 12:45 | 19 |
|
It sounds as though you live in an apartment complex or
similar environment, no?
If so, I wonder how much responsibility the landlords
provide when vehicles get scratched. My poor car has
got scratches and paint chips on it merely because we
have to park in a parking lot and some other tenants
can't seem to do it right, or they just don't take care
in opening/closing their doors, etc.
I guess what I mean is that it seems most complexes
take limited responsibility when it comes to parking
cars in the parking lot. (on the same idea as park and
ride areas not being responsible for someone breaking
into your car or laundromats not being responsible for
stolen clothes, etc) ?!
/Kim
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1115.7 | | SRATGA::SCARBERRY_CI | | Wed Aug 28 1991 14:00 | 28 |
| re.6
You make a good point. And yes, I do live in an apartment complex
with just about every unit housing at least 1 child.
I don't know at this point, whether or not the landlords plan to
sue or merely ask that I shell out some big bucks for damage that
my kids and the other 2 insist mine had no part in. This incident
is so totally strange! We are paranoid to allow our kids anywhere
outside of our sight. We have laid down a law that will be strictly
enforced...they are only allowed to play in front of our apartment
in the park and at no time, anywhere else at all, unless they have
asked us first. This was our rule anyway, in the beginning but
I guess we got a little lax and allowed them in open areas between
some of the units. WEll, no more. It is very hard to go up against
an adult's word and that of a child.
After reading some of these replies, I'm a little worried. We and
the mother of the 2 boys wrote everything said by everyone. But
I haven't taken pictures of the cars, but I still could do that.
I haven't told the landlord of the 2 small girls running their
plastic shovel across his jeep either. I guess I should, too, right
away. Now, I'm very concerned. I can not afford to go get an attorney
and all this other stuff, but I guess I need to find out exactly
what this landlord proposes to do, so that I can be prepared.
Thanks for all replies! I'd love to hear from someone that has
experienced something like this.
|
1115.8 | | CSC32::DUBOIS | Sister of Sappho | Wed Aug 28 1991 15:26 | 20 |
| Don't offer the landlord any money unless a lawyer okays it. It could be
taken as an admission of guilt.
Yes, do take the pictures, and tell about the small children.
If you can, have the witnesses on your side write up a statement themselves
of what they saw. This may hold more weight than what *you* write up.
Is your landlord aware of the adults who say that they saw your daughter
elsewhere? This may help him realize that his witness was not entirely
reliable. Is your landlord aware that *his* witness has been changing her
mind? This may help you, too.
If you can give his witness a way out of this while still saving face, that
may help. She might stick to her original story just because she's afraid
of being considered blind or stupid.
Good luck!!!!
Carol
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1115.9 | | RAVEN1::HEFFELFINGER | Vini, vidi, visa | Thu Aug 29 1991 12:16 | 13 |
| Btw: don't assume that you can't afford a lawyer.
My sister is a lawyer ( in Virginia, so I doubt she could help you :-))
who does so much pro bono work (work done for free or at reduced rates for
worthy clients) that she has a hard time making ends meet. (Not all lawyers are
sharks. :-) )
And as somebody else pointed out, many lawyers will have a free first
consultation with you.
Good luck and my sympathies for you in ths tough time.
Tracey
|
1115.10 | | GRANMA::MWANNEMACHER | Daddy=the most rewarding job | Thu Aug 29 1991 12:40 | 6 |
| Don't give the guy/gal a dime!!!! His car could have been scratched at
any time before or after the "alleged" event. Unless he went down to
his vehicle at the time of the incident, he doesn't have a leg to stand
on.
Mike
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1115.11 | | USOPS::GALLANT | Oh look! Sears... | Fri Aug 30 1991 12:47 | 14 |
|
RE: .10
That about sums up my feelings, too. Like I mentioned
in my previous reply, the fact that the complex allows
children is practically an invitation for scratches
to be had on your vehicle.
Try not to fret too much unless the landlord approaches
you about it. There really isn't any way he can prove
it was your children that did the damage...
/Kim
|
1115.12 | where to find legal help | TLE::RANDALL | liberal feminist redneck pacifist | Tue Sep 03 1991 17:10 | 11 |
| If you're served by NYNEX in New Hampshire, in the front of the
telephone book there should be a two or three page section of
public service phone numbers. Usually it lists one or more legal
aid societies that take such cases for free or greatly reduced
rates.
I presume most NYNEX phone books have this listing but don't know
whether other telephone companies (which I know are common in
central MA) include them...
--bonnie
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1115.13 | I think it's over!? | SRATGA::SCARBERRY_CI | | Tue Sep 03 1991 20:32 | 12 |
| Thanks to everyone for your replies!
Looks like the landlord has changed his mind. The mother of the
2 other boys came by the other day and told us that her boyfriend
went over to speak with the landlord and that since the incident
the landlord has changed his mind but he sure as hell doesn't want
to see any kids in the parking lot ever again!
We're fortunate to have a nice park right in front of us and that's
the only place I better ever see my kids playing. I really don't
like the "protectiveness" I have to overseer but at least I'll know
where they are most times.
|