need legal advice....friend forced confession
#1
Racer
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need legal advice....friend forced confession
ok here is the story...my friend owns a black 350z, and was accused of being in a hit and run(fender bender situation) he was confronted by an officer as he was entering school four days later. the officer approached him and told him that his car matched the description of a car that was recently involved in the hit-and-run. my friend denied it of course, but the cop ordered him to "tell the truth" or they were going to impound his car for investigation. he needed the car to get home, and the cop was reluctant saying the car was going to be towed if he didnt tell the so called truth. so thinking it was just going to be a minor offense my friend made up a story to get his car back....the cop wrote him a ticket for leavin the scene of a crime. so i have two questions really...could the cop LEGALLY have his car towed when there is no real evidence? and 2, is having two witnesses who say they saw a 350z hit the car and said it was an asian kid driving it, without getting a license plate number, is that enough really enough proof to prove my friend of this crime? i could really use the advice before we get a lawyer
#2
The Third Ball
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well for starters....was there any damage on your friends car???
If there is no proof or evidence the cop has no rights. Your friend should have never confessed to anything.
Now, have fun with the nightmare dealing with that mess.
If there is no proof or evidence the cop has no rights. Your friend should have never confessed to anything.
Now, have fun with the nightmare dealing with that mess.
#4
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Originally Posted by The Sarlacc
well for starters....was there any damage on your friends car???
If there is no proof or evidence the cop has no rights. Your friend should have never confessed to anything.
Now, have fun with the nightmare dealing with that mess.
If there is no proof or evidence the cop has no rights. Your friend should have never confessed to anything.
Now, have fun with the nightmare dealing with that mess.
there is a dent on his front bumper from a prior incident, thats why the cop confronted him in the first place....yeah it was pretty dumb to confess, and i was really pissed at him when he told me he did...but i mean what was he supposed to do? when he asked the cop how he was going to get home, the cop told him it wasnt his problem
#6
I
Originally Posted by fedor corolla
there is a dent on his front bumper from a prior incident, thats why the cop confronted him in the first place....yeah it was pretty dumb to confess, and i was really pissed at him when he told me he did...but i mean what was he supposed to do? when he asked the cop how he was going to get home, the cop told him it wasnt his problem
For some reason I would believe the cop.
#7
Racer
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there was no need to contact the insurance, its a dent like seriously less than an 1" long, you cant even see it and it wasnt worth going threw insurance...and the damage to the other car, was a couple of scratches on a 93 camery bumper...i really dont know what happened for sure, but looking at the facts, i just dont think there is enough evidence to prove him guilty
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#8
Racer
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there are two matters in this incident, Civil and Criminal
ok if my friend did it i would say that he would lose in a civil lawsuit and would have to pay 200 dollars at most, probably threw an arbitration...
but criminally, you have to prove beyond a reasonable dobut that he actually hit the other car, threw forensic data or even a license plate number, with out having that i see no case?
ok if my friend did it i would say that he would lose in a civil lawsuit and would have to pay 200 dollars at most, probably threw an arbitration...
but criminally, you have to prove beyond a reasonable dobut that he actually hit the other car, threw forensic data or even a license plate number, with out having that i see no case?
#13
I need 2 more gears
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if your friend really didn't do it then why did he get pulled over for a 1" dent that is barely noticeable? Maybe your friend is lying so you can help him figure out a good BS story to come up with. I know I have had friends tell me BS like this when I was younger and I saw right threw it. Gotta dig in and ask him some real questions if you are going to help him. like "why did you get pulled over", "when did the accident take place" , "where were you at that time", "where you driving erratically", "did the paint on his bumper match the other car that got hit"?
#14
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he confessed, how is he going to get out of it. even if he is not guilty, he looks really guilty to me. i wouldn't confess to anything i didn't do. so if a cop came up to him and said " i know you murdered soand so, just tell me the truth.." would he do it?
confeses to a cop, has a dent in his bumper, same kind of car, same kind of person(asian kid)
judge will look at it this way: why would the cop lie, how could the camry owner give a description that seemed to fit very good, and why would he confes? so he wouldn't have to call you for a ride home! could you imagine judge judy getting this case.
he will need to come up with an allibi(sp) of where he was at that time(class, work) something that is documented, and maybe he will have a chance. its not right what the cop did, but thats life, and as far as the leaving the scene of a "crime", most states you lose you license for that!
confeses to a cop, has a dent in his bumper, same kind of car, same kind of person(asian kid)
judge will look at it this way: why would the cop lie, how could the camry owner give a description that seemed to fit very good, and why would he confes? so he wouldn't have to call you for a ride home! could you imagine judge judy getting this case.
he will need to come up with an allibi(sp) of where he was at that time(class, work) something that is documented, and maybe he will have a chance. its not right what the cop did, but thats life, and as far as the leaving the scene of a "crime", most states you lose you license for that!
#16
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Originally Posted by mclarenf3387
At this point, depending on severity of the hit and run, tell your friend to get a lawyer and a bottle of KY cause hes gonna need both.
o s**t haha....
well to update you all, he got a public lawyer (under 18 one is provided for no charge), and i found out that he actually did hit the car. i saw pictures of the damage from the other car and it was two little white scratches on a 92 camery? WTF is the deal with this guy....anyway the laywer told him that he actually has a case, something called Cohobation, where the cop bated him into telling the truth...so his confession Could be thrown out in court, and they will need some other means of producing evidence...
he also said that the two witnesses testimonies wont hold up either, seeing how their description of the car wasnt enough, no license plate number, no evidence!!!
from this its up to the judge to make a final decision but i think that this case will go in his favor....to be honest i didnt believe his story either, but i gave him the benefit of the dobut because he was my friend...
Last edited by fedor corolla; 10-13-2005 at 12:23 PM.
#20
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Tell your supposed "friend" to take responsibility for himself and pay up for what he did. And if his parents are smart enough they should take and sell the 350Z and tell him to take a bus or walk. People like that really piss me off.
#21
Senior Moderator
Originally Posted by DownUnder
Tell your supposed "friend" to take responsibility for himself and pay up for what he did. And if his parents are smart enough they should take and sell the 350Z and tell him to take a bus or walk. People like that really piss me off.
![Agree](https://acurazine.com/forums/images/smilies/agree.gif)
#22
an Acura has-been
fedor corolla,
Did you know that this thread could be used as evidence in a court of law?
So far you can be brought into this, since your friend confessed to you.
There is an electronic trail you know.
Did you know that this thread could be used as evidence in a court of law?
So far you can be brought into this, since your friend confessed to you.
There is an electronic trail you know.
![Tomato](https://acurazine.com/forums/images/smilies/tomato.gif)
#25
buy my car
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Originally Posted by Motohip
Asshole! I hate hit and run drivers!
no doubt, i know hes your friend and all but i hope they come down hard on him. i know what it feels like to have the victim of a hit and run, i feel no pity!
#27
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what is ironic is that he told me someone hit him and drove off...i was explaining to him how if someone/anyone hit my car and drove off i would break their legs off and shove them up their ass. your right thats pretty messed up how someone would drive off like that...well i hope that he doesnt lose his license, cause that is just a waste of fine machinery...his poor mom, helped him out and threw in 10k for that thing, and he only got like a month of driving it before he did some stupid shit like this
#29
how handsome I am
Originally Posted by fedor corolla
what is ironic is that he told me someone hit him and drove off...i was explaining to him how if someone/anyone hit my car and drove off i would break their legs off and shove them up their ass. your right thats pretty messed up how someone would drive off like that...well i hope that he doesnt lose his license, cause that is just a waste of fine machinery...his poor mom, helped him out and threw in 10k for that thing, and he only got like a month of driving it before he did some stupid shit like this
![Why Me](https://acurazine.com/forums/images/smilies/whyme.gif)
![Damn](https://acurazine.com/forums/images/smilies/damn.gif)
#31
He fits the description of the driver. His car matches the description of the car involved in the hit and run. His car has front end damage consistent with the accident. He freely provided a confession to the police officer.
No contest.
Hopfully, he'll learn his lesson from this incident.
No contest.
Hopfully, he'll learn his lesson from this incident.
#37
buy my car
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Originally Posted by fedor corolla
do you think hes going to lose his license over a few scraches on the other guys bumper?
in jersey leaving the scene of an accident is a 1 year loss of license offence, just ask the D-bag that hit and ran me!
its a lesson hard learned. if you do something wrong, be a man and own up to it
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