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Ask TexCrimLawyer, J.D. Your Own Question
TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 4779
Experience:  Experienced in state and federal criminal litigation.
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i was driving on my way to walmart and i pulled into the parking

Resolved Question:

i was driving on my way to walmart and i pulled into the parking lot . and a lady pulled in behind me as accused me of throwing something out of my car window .and cracking her windshield . the cops were called and i didnt get a ticket but the cop told the lady to sue me. what should i do ? I didnt threw anything from the window of my car .
Submitted: 4 years ago.
Category: Criminal Law
Expert:  TexCrimLawyer, J.D. replied 4 years ago.

TexCrimLawyer, J.D. :

There isn't anything you can do - or should do - until she actually sues you.

TexCrimLawyer, J.D. :

If she does sue you, she will be the plaintiff, and the plaintiff has the burden of proof.

TexCrimLawyer, J.D. :

If you didn't actually throw anything, she can't prove that you did. If you had thrown something hard enough to break a windshield, it would have been found nearby, which I'm guessing it was not.

Customer:

no the police officer didnt go back to where she said it happened.

TexCrimLawyer, J.D. :

Right, but the person who says you broke their windshield should have if they want to sue you.

Customer:

so if she does try and sue should i get a lawyer then?

TexCrimLawyer, J.D. :

You can, but it will likely be in small claims court, which typically doesn't require people to have lawyers. A lawyer will end up costing you more than buying the person a new windshield.

TexCrimLawyer, J.D. :

In reality, the odds of this person suing you are probably low.

Customer:

ok

TexCrimLawyer, J.D. :

Can I help you with anything else?

Customer:

is there anything that can be done about the police officer that flat out accused me of doing it .in her own words

Customer:

and her telling the lady to sue me

TexCrimLawyer, J.D. :

You weren't written a ticket, so the officer couldn't have believed it, or not enough to do anything about it. The officer actually helped you by not writing the ticket.

Customer:

okay thank u so much i guess now i can sleep a little better now . money well spent!!!

TexCrimLawyer, J.D. :

Glad to help. If I can't help you with anything else, please click the ACCEPT button. Good luck.

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