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Need HELP someone who knows the laws.. Lawyer Prefered?

  
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Need HELP someone who knows the laws.. Lawyer Prefered?

Postby jordi » Sun Jul 22, 2012 2:01 am

I was arrested at my apartment complex swimming pool for getting into a fight with some people. we were all drinking and a fight broke out and i was the one who got arrested. no one was there other then me and the people i got into a fight with. so when i got out of jail my apartment landlord evicted me and is now making me pay out the remaining of my contract aswell as saying that i broke out an expensive glass window. But i didnt break the windown ..... can they really make me pay for it without having any proof that it did it?? Thanks.
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Need HELP someone who knows the laws.. Lawyer Prefered?

Postby wakeley58 » Sun Jul 22, 2012 2:05 am

They can't do that without proof. However all they need is one person who says they saw you do it.
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Need HELP someone who knows the laws.. Lawyer Prefered?

Postby kalvin71 » Sun Jul 22, 2012 2:10 am

And you are asking strangers online to guess instead of asking your lawyer? Really? That is a very bad idea.

You are charged with a crime. There is a civil claim against you for damages. And you should be consulting your attorney.
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Need HELP someone who knows the laws.. Lawyer Prefered?

Postby tiernan » Sun Jul 22, 2012 2:25 am

You can't be made to pay for damages you did not inflict.

If the apartment owner really believes you are responsible then he/she can sue you in small claims court and a judge can decide if the owner is correct in his or her assertion.

You can be forced to pay if a judge holds your responsible and orders you pay restitution. Absent that there is no way you can be forced to pay up if you did not do it and a judge has not ruled otherwise.
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Need HELP someone who knows the laws.. Lawyer Prefered?

Postby jabarl » Sun Jul 22, 2012 2:30 am

They can keep your deposit and enforce the rest of your contract. If you don't pay, they will take you to court where the burden of proof will be on them. It is civil court, so it's only a preponderance of the evidence instead of beyond a reasonable doubt. I can't tell you whether or not the judge would find in their favor or yours.
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