Quote:
Originally Posted by Gator328i
I'm an attorney and what you're asserting is not correct. The standard you're stating is for a criminal prosecution. The OP wouldn't be suing them in criminal court, but rather civil court where the standard of proof is a "preponderance of the evidence" meaning 51% probability that the accused is responsible for the harm alleged. That's why you see so many settlements in civil cases.
OP, you should have called the police immediately and at the very least filed a report. That could be used in small claims court. If I were you, I'd contact an attorney who specializes in small claims litigation and file suit against the individuals who you believe are responsible for the damage. It's simply too coincidental that that note would appear at the same time as the damage to your vehicle. I'm willing to bet if your friends saw you lawyered up and coming after them they'd start squealing on one another or whoever did it to your car. Most people are totally unprepared for the kind of stress that comes with a litigation experience and will do anything to get out of it if offered an escape route.
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I'm a lawyer too and I would never advise him to hire a lawyer for a freaking small claims case. The economics don't make sense. He'll do just fine rePresenting himself. You don't need a freaking lawyer for small claims.
I do agree he's got a goOd case.