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  1. #1
    Join Date
    Feb 2009
    Posts
    5

    Default Framed for Illegal Dumping of Oil

    alright, so there is a private community in which my girlfriend lives that i frequent to hang out with her. in order to avoid taking her parent parking spaces i park around back in the vacant spot next to a middle aged man with a rather unfriendly personality. he has, time and again, argued that i park too close to his vehicle, and i have responded with the statement that 7ft of room is more than enough to get in and out of his car and back out. recently, i recieved a call from the local police department asking me to come in for questioning. apparently someone dumped 2 liters of motorcycle oil into a sewer nearby my girlfriends house and placed an oil filter that is distinct to my motorcycle type along with two oil cans in the woods nearby. the police department believes that i am the one who did it and wants to charge me som $1300 for cleanup costs.

    the facts that i have to dispute this though are as follows:
    - only two oil cans were recovered at the scene and my bike takes 4 liters of oil
    - the oil type (according to a friend of mine who was there for the cleanup) was 10w40 oil for a 4 stroke engine. my motorcycle is a 2 stroke V-twin and takes 20W50 during the summer to prevent overheating.
    - the man who i assume also called in the oil spill is the same guy who has a problem with me parking near him

    assuming that all they have is the testimony of this one man and the evidence at the scene, do they have grounds to charge me with an offense and make me pay the $1300?

    any help would be greatly appreciated: i'm supposed to go into the station for questioning on wednesday the 30th so please try to let me know my chances ASAP

  2. #2
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: Framed for Illegal Dumping of Oil in Ct

    Quote Quoting Jack_kelner
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    the facts that i have to dispute this though are as follows:
    - only two oil cans were recovered at the scene and my bike takes 4 liters of oil
    - the oil type (according to a friend of mine who was there for the cleanup) was 10w40 oil for a 4 stroke engine. my motorcycle is a 2 stroke V-twin and takes 20W50 during the summer to prevent overheating.
    - the man who i assume also called in the oil spill is the same guy who has a problem with me parking near him
    These "facts" are irrelevant to your case, meaning they don't help or hurt you. At issue is, do they have any proof connecting you to the oil, the oil cans, or the oil filter? Meaning, do they have a witness who saw you do anything related to this? Are your fingerprints on the oil cans or the oil filter?

  3. #3
    Join Date
    Feb 2009
    Posts
    5

    Default Re: Framed for Illegal Dumping of Oil

    they have a witness, but it's the guy that's rather ornery about my presence at the complex. i didn't think that they'd dust for fingerprints on such things as this though, but either way my prints won't be on them as i have not seen or touched any of the things found on the scene

  4. #4
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: Framed for Illegal Dumping of Oil

    Then it goes to what the witness actually claims he saw and when he claims he saw it and whether you can refute those claims. For example, if you could prove you were somewhere else at the time he claims he saw you do something. If he is lying to cause trouble for you, he may be smart enough to pick a time when your motorcycle was parked there. In that case, your girlfriend may be able to testify that you were with her. (Obiviously, you need to find out when he claims he saw whatever he saw).

    Based on your description, it certainly seems that there would be reasonable doubt. But, I have been surprised in a number of situations in which individuals were convicted based on the testimony of what appeared to be questionable or biased witnesses.

    It will be up to a prosecutor to determine if they charge you. They can't "make you pay" unless you are convicted.

  5. #5
    Join Date
    Feb 2009
    Posts
    5

    Default Re: Framed for Illegal Dumping of Oil

    thank you very much for your help and advice sir. do you know if they're likely to do fingerprinting? because that would probably be enough on it's own to prove my innocence

  6. #6
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: Framed for Illegal Dumping of Oil

    I can't guess on that, but it is probably a good idea to suggest to the police that they check for fingerprints since you are innocent and never touched any of the objects. Depending on the detective, that attitude may even play in your favor.

  7. #7
    Join Date
    Aug 2006
    Posts
    563

    Default Re: Framed for Illegal Dumping of Oil

    if they collected it forensically.

    but it would be good for you if they found his print on it !

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