Legal Question in Civil Litigation in Pennsylvania

Do I have a case

I recently had a man arrested for shooting deer illegally on my land.A couple of days later I had property stolen from my land.I knew it was him so I went to his house to confront him.To my amazement he admitted to taking the property.I know that if I sue him for the property back he will deny taking it.What are my odds of winning a case like this?Should I call the police to report the property stolen?Any tips or advice would be greatly appreciated.Thank You.


Asked on 12/04/99, 10:08 am

1 Answer from Attorneys

William Marvin Cohen, Placitella & Roth, P.C.

Re: Do I have a case

If he does deny the theft in court, you can still testify about his admission and that will be sufficient evidence to prove he's guilty.

It's a question of who the judge finds more credible. Any corroboration you can get (like pictures of the stuff on his property, testimony of other people who knew that you had it, your original receipts to show ownership) will be helpful. But it's impossible to handicap the outcome.

You should report the theft to the police, for two reasons. One, he might give the stuff back. Two, you won't have to answer the question, if you sue in civil court, "if you really thought he stole your stuff, why didn't you file a police report?"

BUT, DO NOT, I repeat, DO NOT, threaten to call the cops. Some people think a threat of criminal prosecution is a dandy way to give someone an incentive to pay up.

However, a threat to call the cops unless the other guy doesn't do what you want is the flip side of an offer not to report a completed crime upon payment of your demand. Which is WAY too close to blackmail for my taste. Other names for this technique are extortion, accessory after the fact, conspiracy to obstruct justice....

So, although we always refrain from giving actual legal advice, and I can't evaluate your claim, I can say, don't do it halfway. If you want to pursue the issue, make the report to the cops, tell them you plan to file a civil suit, contact the local District Justice to help you fill out the Complaint form, and good luck.

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Answered on 12/06/99, 4:23 pm


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