Legal Question in Civil Litigation in Pennsylvania

I was at a friends house the other night drinking and went outside with another friend who was also friends with the neighbors. The neighbors were boys that I also know but have never gotten along with. My one friend was talking to the owner of the house, and I remember stepping away because I don't care to talk to either of the two boys. I remember being outside for maybe 2 minutes. The next day I got a facebook message accusing me of putting out a cigarette on the house owner's car who had been talking to my friend. He says that his friend saw me do it and that I acknowledged doing it. He is threatening to file charges if I don't pay for damages. I am underage and should not have been drinking, but I am quite sure I didn't do this. The boy pressing charges is, indeed, the kind of person who would make this up and try to cause me trouble for his own pleasure. Will the fact that I was drinking be the main fact in a case if he ends up pressing charges, overruling that he has no proof that I did this? What should I do?

Thank you.


Asked on 6/14/10, 10:53 am

1 Answer from Attorneys
Rachel Hunter

If he wishes to press charges, there is nothing you can do. Do you have any proof? Does he? Can your friend get a look at the car (without alerting anyone) and see that there are no cigarette marks on it? Tell him to take a picture if that is the case. People have cameras in their cell phones. Or use a digital camera.

People who are real victims of crime do not post messages on Facebook and threaten what they will do. They report it to the police. Is he just trying to blackmail you? You might want to print out the wage page where the threats appear and press charges yourself, although that is up to you. The police also can look at the car and see whether it is damaged or not, but nothing stops this guy from damaging his own car and blaming it on you if he is out to get you. That is why I suggest getting a good look at his car now before he has a chance to fabricate this.

This is a criminal law matter. Are you under 18? Then the matter is for juvenile court. Does your friend remember seeing anything? It will be important. Get him to write down what he remembers, if anything. If I were you, I would not mention anything about the drinking - if you are under 21, you will be charged with that so do not admit to it under any circumstances unless this is part of a deal worked out by your criminal/juvenile attorney to plead to a less serious offense.

I would not lose sleep over it and eat yourself up with worry. Deal with the consequences when and if they happen. In the future, don't go near the neighborhood to see your friend. These neighbor boys sound like bad sorts. Better to stay away and avoid any more trouble and get blamed for things you did not do.

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Answered on 6/14/10, 4:21 pm


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