How far would police go to pursue sucha charge

[TroyHills]

What is the name of your state? New Jersey

I was at my banks drive-thu when someone in the wrong mood started hunking and then followed me. Five minues later after doing some shopping, I came back to find that my windshield has been smashed. Of course, the only suspect is the guy at the drive through, and there are cameras and recorders logging all transaction. My questions are:

1. How easily can the bank provide information about the suspect
2. Is this a midemeanor or a felony in New Jersey?
3. If the cameras do not show the action, what is the possibility of a conviction?
4. How far would police go to purse such matter?
5. can the arrest the suspect based ont he information I have given? what will happen

I must admit that I was in a bad mood and the suspect calm, but I am 100% sure it was him. God bless ... This was my first new car after working 25 years as a receptionist ...

 

[tigger22472]

What is the name of your state? New Jersey

I was at my banks drive-thu when someone in the wrong mood started hunking and then followed me. Five minues later after doing some shopping, I came back to find that my windshield has been smashed. Of course, the only suspect is the guy at the drive through, and there are cameras and recorders logging all transaction. My questions are:

1. How easily can the bank provide information about the suspect
It is unlikely the bank would have to provide ANY information. The incident did not happen on their property and by what you have said, there is insignificant evidence to prove this person did such.

2. Is this a midemeanor or a felony in New Jersey?
Like a misdemeanor, as it would be destruction of property, however NJ may have stages as far as this goes and that would likely be based on the damage in monetary terms. It's unlikely that the winshield would make it a felony.

3. If the cameras do not show the action, what is the possibility of a conviction?
Little if any unless there were witnesses to the incident.

4. How far would police go to purse such matter?
Probably not far at all.

5. can the arrest the suspect based ont he information I have given? what will happen

I must admit that I was in a bad mood and the suspect calm, but I am 100% sure it was him. God bless ... This was my first new car after working 25 years as a receptionist ...

By what you have stated here, you have nothing... Best resort is make file with your insurance and let them know a police report was made.

 

[AHA]

What is the name of your state? New Jersey

I was at my banks drive-thu when someone in the wrong mood started hunking and then followed me. Five minues later after doing some shopping, I came back to find that my windshield has been smashed. Of course, the only suspect is the guy at the drive through, and there are cameras and recorders logging all transaction. My questions are:

1. How easily can the bank provide information about the suspect
2. Is this a midemeanor or a felony in New Jersey?
3. If the cameras do not show the action, what is the possibility of a conviction?
4. How far would police go to purse such matter?
5. can the arrest the suspect based ont he information I have given? what will happen

I must admit that I was in a bad mood and the suspect calm, but I am 100% sure it was him. God bless ... This was my first new car after working 25 years as a receptionist ...

What in the world did you do or say to make a stranger take the time to follow you around, wait until you leave your car and then smash your window???

 

[CdwJava]

Even if they did go through the effort to get the videos or bank transactions (no easy task on the bank transaction - often it requires a subpoena) it does NOT prove that was the person who committed the offense. If he says, "Nope. I wasn't there and I didn't do it," the case is done. Unless the cops can write a warrant and find a glass-coated bat, it's over.

The police will take a report and file it away waiting for your insurance company to call them. The department would have to be incredibly under-worked and bored to go through the kind of effort necessary to even get a POSSIBLE suspect in this.

- Carl

 

[saminalham]

clutching at straws

Check the spot your car was parked in. Maybe there are video cameras there.

 

[TroyHills]

By what you have stated here, you have nothing... Best resort is make file with your insurance and let them know a police report was made.

Thank you so much for your kind reply, actually the policeman was also very kind and went inside the bank and talked to the manager because I was in a shock over what happened. The damage was more than I stated, because the suspect also keyed my vehicle. The policeman told me that he will talk to the judge and try to get an arrest warrant if the judge agrees. The policeman stated that a prudent person would automatically conclude (propable cause) that this person did it. Is this the case? or is he trying to make an old lady feel better? Thank you.

 

[CdwJava]

While a "reasonable person" might conclude the subject at the bank did the damage, the DA is not likely to prosecute without proof. They could always try to bluff the subject and hope he pleads out, but a halfway decent defense attorney would create reasonable doubt quickly and the case would likely not get past a preliminary hearing.

Believing who did the damage and proving it are two different issues.

- Carl

 

[TroyHills]

Judge will believe this hot tempered old lady

While a "reasonable person" might conclude the subject at the bank did the damage, the DA is not likely to prosecute without proof. They could always try to bluff the subject and hope he pleads out, but a halfway decent defense attorney would create reasonable doubt quickly and the case would likely not get past a preliminary hearing.

Believing who did the damage and proving it are two different issues.

- Carl

Thank you Carl and other contributors, today I did not go to work because I am shaken by what happened. My evidence is:

1. There was an altercation with that person,
2. The damage occured within 10 minutes of the altercation
3. It occured 50 yards from the bank

This would provide motive and opportunity which any preduent person may conclude. Would you? To me, it is unlikely that police went through a commendable effort to get all information, even interview the teller ... for me just to pursue an insurance claim?

 

[CdwJava]

Thank you Carl and other contributors, today I did not go to work because I am shaken by what happened. My evidence is:

1. There was an altercation with that person,
2. The damage occured within 10 minutes of the altercation
3. It occured 50 yards from the bank

This would provide motive and opportunity which any preduent person may conclude. Would you? To me, it is unlikely that police went through a commendable effort to get all information, even interview the teller ... for me just to pursue an insurance claim?

Once again, a conviction requires proof beyond a reasonable doubt; what a reasonable person might conclude is often irrelevent. Unless the guy at the bank admits to being there or doing it, a defense attorney could easily argue that he was half a mile away at the time of the vandalism.

If they asked questions, it was likely to see if anyone overheard comments made by the guy as he passed through, if he did anything, if he got out of the car - if he commited ANY act that might help to prove the case.

Will they submit it to the DA for prosecution? Maybe. But unless they havea really astounding statement from the teller or some other evidence gleened from surveillance tapes, I can't see a DA prosecuting this.

But, you never know. They might file it in the hopes of getting a plea deal.

Heck, if I could pursue charges based on my gut for vandalism cases, I'd be able to wrap up every vanadlaism case in my city! The problem is, it just doesn't work that way. What I know and what I can prove are different issues.

- Carl

 

[TroyHills]

Carl, could you please elaborate on your statement "if he was there" and "if he got out of the car". I think it is very possible for the DA to get him to admit that he was there and he got out of the car. I just cannot believe thast telling someone to Get Lost will get to this point.

Tell me Carl, does this persons demeanor have an influence on the outcome, that person was calm, but he gave me a dirty look which maybe captured on camera. What should I look for to bolster my case, Carl?

I am determined do do everything legally possible .... no law loving person should go through this.

 

[TroyHills]

Oh, I forgot to mention, the teller heared the guy say things, like: what is your problem. I also threatened to call police ... why next to the teller ... but I was angry and shouting, and he did not say much ... I think that is what the teller said.

 

[CdwJava]

Carl, could you please elaborate on your statement "if he was there" and "if he got out of the car". I think it is very possible for the DA to get him to admit that he was there and he got out of the car. I just cannot believe thast telling someone to Get Lost will get to this point.

If it was only 50 yards away and a teller saw the suspect get out of the car near your vehicle, or make some statements threatening you or the car, that could be evidence. Merely honking a horn is not sufficient to result in a criminal charge. It is not a logical leap to say that being stuck behind someone at a bank window and honking your horn is a precursor to breaking out the windshield.

Tell me Carl, does this persons demeanor have an influence on the outcome, that person was calm, but he gave me a dirty look which maybe captured on camera. What should I look for to bolster my case, Carl?

A calm but dirty look does nothing. Gestures or threats could.

This is not the crime of the century and is not likely to get a whole lot of attention. The fact that they have made this kind of effort so far is a credit to that department ... and an indication of the low level of crime in your area.

I am determined do do everything legally possible .... no law loving person should go through this.

Of course not. But, no person who is innocent should be convicted because they got miffed and honked their horn 10 minutes before a crime, either.

- Carl

 

[TroyHills]

Carl, I credit you with good advice and reason. yes, you are right, this area has very low crime (compared to the rest of New Jersey). I also understand that the DA would not risk melicious prosecution. I wish this forum had stars to assign ... would give you a 10. Thanks.

 

[CdwJava]

Carl, I credit you with good advice and reason. yes, you are right, this area has very low crime (compared to the rest of New Jersey). I also understand that the DA would not risk melicious prosecution. I wish this forum had stars to assign ... would give you a 10. Thanks.

Well, I would give your department a "10" for going through that much effort in trying to find an angle on your case. Most agencies would have ceased involvement after the initial report.

You might consider writing a letter to the Chief about the cooperation and diligence of those involved. Trust me, Chiefs receive enough complaints and pissing and moaning, the occasional positive note can go a long way to make beleagured cops feel good ... and a happy cop is a lenient cop.

- Carl

 

[TroyHills]

CdwJava, thank you so much ... I also thank all the good judges on this forum. Yes, they deserve 10/10; I will write that letter. I hav e all reason to believe that they will pursue further ... in that case, I will update this forum and will give them 1000 / 10 score. Thank you alll and God Bless you.