Legal Question in Civil Litigation in Florida
Cars vandalized
This is a follow-up question to the post about my daughter and her two friends cars who were ''keyed.'' They know who the person responsible for this was but they have no proof other than he admitted to being at the location through an email. If he does not admit guilt to law enforcement and they have no witness or actual proof, how does that effect taking civil court action? Does filing a civil court case require an attorney? What is the police departments responsibility beyond taking the police report, if any?
2 Answers from Attorneys
Re: Cars vandalized
The police are not required to do anything. They have some privledge to decide what to investigate and what to devote their resources to. That discretion is a fundamental part of the police power of the state.
You do not need a lawyer to file a claim in court. Small claims court is particularly designed to resolve disputes without lawyers. The court house where you live almost certainly has forms that would allow you to bring a claim without a lawyer. Whether the e-mail is enough proof depends on what it says specifically.
It sounds like there is "slim" proof so the police do not want to devote resources to the case, which is understanbible if they have robberies and the like to investigate. The burden of proof is higher in crimminal courts than it is in civil courts.
Re: Cars vandalized
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The police have the ability and right to decide which cases are worthy of their limited time and resources. When it comes to a value judgment, the keying of a car will have little merit compared to a violent crime where someone was injured or a woman was raped.
Your daughter can take the case to court without an attorney if she chooses although she will have a better chance with counsel representing her. The email that she has might be introduced at trial to help convince a court that the person is guilty. The burden of proof is far less in a civil matter than in criminal court where someone must be guilty beyond any reasonable doubt to be convicted.
Scott R. Jay, Esq.