Legal Question in Civil Litigation in Minnesota
drug crime
my wife worked as a pharmacy technician. she was caught stealing narcotics, and in the heat of the moment confessed to have been stealing pills for about a year. she was arrested, but let go without being charged. her ex- employer now has a civil claim agaisnt her in the amount of $16,000. my question is: is there any way to get out of this? wouldn't they have to prove that she was the one who actually stole all those pills over taht period of time?
2 Answers from Attorneys
Re: drug crime
Has case been sued out? If no litigation has commenced, how is claim being made?
Yes, they would have to prove damages in order to prevail in court.
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Re: drug crime
In criminal court, the state must prove the crime beyond a reasonable doubt. In civil court, the plaintiff only need prove their case by a preponderance of the evidence (just more likely than not, i.e. just over 50% likely). Thus, if your wife confessed to a police officer and they put the officer on the stand, the jury or judge is quite likely to believe the officer and award the plaintiff $16,000. If your wife confessed to her employer, the jury is probably slightly less likely to believe the employer as opposed to a police officer but they would still have a strong case.
Kent Gravelle
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