Legal Question in Criminal Law in Wyoming

Admission of guilt in small claims court and its repercussions.

''Background'' A college entity will be taken to small claims court because of the belief that they have taken more money out of a deposit, for housing, than should have been taken. As for the involvement of criminal matters, the damages assessed are for stealing road signs. These signs were guaranteed at one value, but when receiving the final bill, the value had tripled. ''Questions'' What are the chances of winning such a case or its likely-hood of going to trial (amount in question is under 100$)? If one were to admit guilt of stealing the signs in small claims court, can legal action be taken against the plaintiff? What is the burden of proof for the college to prove the plaintiff has stolen the signs and is just not being wrongfully accused?


Asked on 7/29/02, 10:44 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Admission of guilt in small claims court and its repercussions.

In a civil case the plaintiff must prove his case "to a preponderance of the evidence." In a criminal case the burden of proof is higher - it is "beyond a reasonable doubt." Any civil loss which it is claimed the college suffered because of your actions must be proved according to the civil standard. Conversely, any crime you are alleged to have committed must be proved to the second standard. Criminal and civil cases are separate - one is never tried within the context of the other. Admissions made in the civil case may, however, be used against you in the criminal case if it comes later. Your best advice is to make no admissions in the civil case concerning any criminal activity. The Fifth Amendment offers you this protection and right. The outcome of either case involves factors too numerous and elusive to go into here, but depends upon whether or not the plaintiff in either case meets the required burden of proof.

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Answered on 7/29/02, 12:16 pm


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