Legal Question in Criminal Law in Michigan
Broken Car Window
I was talking to a friend of mine tonihgt and she told me that she woke up this morning and found the back window of her brand new car was smashed. I asked her who she thinks might have done it and she told me her ex-boyfriend. I asked her why and she told me probly because she doesn't want anything to do with him anymore. She Also told me that he has a histroy of violence with her and that he was sending not so nice text messages to her all night last night and that he was drunk. She called the cops and they said not a whole lot can be done until he confesses if he did it. i would just like to know what can be done, cause i'm sure theres something other than waiting for him to confess.
1 Answer from Attorneys
Re: Broken Car Window
A prosecutor cannot issue a charge simply on the victim's "hunch" regarding who is most likely the person who committed the crime. Identity has to be proven beyond a reasonable doubt.
The bad blood between the victim and suspect gives him a motive to commit the crime, but motive alone is not enough to prove who did the act.
Identity is usually proven by a confession/admission or witnesses saying that they saw that person at the scen committing the act. Presence at the scene might also be proven through forensic evidence (fingerprints, blood/hair, etc.). While TV shows love forensic evidence, it's rarely the basis for proving "who done it".
In your friend's case, if this is a broken car window case, forensics may not be able to solve the riddle. If the object used to break the window was not left at the scene (and recovered to check for fingerprints) ... or if the object was left at the scene and did not have fingerprints on it (e.g., a rock/brick, etc.), then police would probably have to rely on a confession/admission to prove who did the act.
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