[SoYank]

Did they read you your rights or did they recite them?

[Zephyr15]

Originally Posted by BmwOwnsMe

The cops came to my house and found no bike, no helmet or anything used that day to elude them. They are merely going by the seller's statement of selling me the bike, a bill of sale, and a video camera on the cop car that shows someone with a helmet evading the cops.

I can't believe a prosecutor would actually take a case to trial with such marginal evidence. The State has to turn over all their evidence to you pre-trial, so you'll get a chance to see the video (i.e. - the only thing that matters) before the fact. Do you look just like the guy who sold it to you or something?

If everything you say is true, and the cops did all their homework regarding your non-possession of the bike and alibi witnesses, no prosecutor of any quality would ever attempt to try the case.

[ctgazer]

whats the word im looking for? ahh.... reasonable doubt.

This is the standard required by the prosecution in most criminal cases
within an adversarial system. This means that the proposition being
presented by the government must be proven to the extent that there is
no "reasonable doubt" in the mind of a reasonable person that the
defendant is guilty.

Usually, reasonable doubt is defined as "any doubt which would make a
reasonable person hesitate in the most important of his or her affairs."

with your parents testifying on your side and anyone that wears leathers/helmet on a bike kinda looks the same and on top of that, they police did not find any bike equipment..i believe this holds some weight

[theslik1]

Something like this happened to a friend of mine. The prosecutor probably has a good idea you didn't do it (assuming you didn't and your alibi is for real ). There's no telling why they aren't going after the other guy but apparently they aren't going to. They "chose" you, and will drag this out in an effort to get you to plead to something in order for them to save face. You just have to wait them out until the trial date, and make damn sure you have a douchebag shark of a lawyer who makes their lives miserable with evidentiary requests until then. In the case of my friend, the video that supposedly incriminated him somehow got "lost" (imagine that ) before it had to be handed over to his lawyer. Charges were dropped soon after that, but the thing was they waited until the last possible moment to give up. :mad:

Sounds like you're getting Nifonged on a smaller scale.

[al4m]

Originally Posted by 561design

You should try the OJ Simpson approach. Try to put on the alleged helmet. An if the helmet don't fit then they must acquit!

haha
sorry man. this must really suck for you
but dont worry, you'll prevail
they dont really have enough proof so dont sweat it
good luck

[Dr_Dirt]

use the Chewbacca defense!

[flush01]

how can you give money and not take the bike ? what if later on when you come to get your bike the guy will say he doesn't know you, then what ? you dont have the title, the guy could easily put fake signature, etc....

[uberschnell]

I'm not 100% convinced the OP is being totally honest with us. Either way, based on what you told us, with a decent lawyer you are going to walk. Unfortunately you are still stuck with the lawyer's bill.

[Maestro]

What state are you from, because what you did on the title transfer was bit odd.

A similar thing happen to a friend in Calif back in the 80's, they sold a car, had a signed reciept and handed over the title. However the person never titled the car in their name. Then the car was used in a number a bank robberies. Needless to say the police showed up at thier door an inquired about the car, They told the police the car was sold a number of month prior and showed them the signed receipt and a copy of check of the partial payment.

At that time in Calif the license plate goes with the car and since the car was still title and registered to my friend they came back to them. In the end the police believe them and went after the person who bought the car.

As it turned out, the person who bought the car never titled or registered the car since it was stolen from them a few days after they bought it. They made a police report when it happen which got them out of trouble with the police and they said they never bother registering the car since they no longer had it.

From this point forward my friend always took the person to the local DVM and made them tranfer title and registeration before they would hand over the keys.

I do the same thing no, every car I sold to a private person I take them and transfer everything before I let them have the car.

To add insult to injury, since the registeration was lapsed the state sent my friend a fine months later. It was nightmare that dragged on for him and his family

[UncleWede]

In Cali, there is a form you fill out as the title owner once you transfer the pink to releive you of responsibility. I think the law is 5 or 10 days after sale you must fill out and file. Takes nothing for the buyer, once you release title, then it's up to buyer to get it in their name.

Did this when we gave title of the van to my sister-in-law who was driving out of state with no intention to get insurance, and when we sold the Kia to my other s-i-l who was moving out of our house.

[Zephyr15]

Originally Posted by Dr_Dirt

use the Chewbacca defense!

I missed that episode and after reading that wiki was literally crying.

[BMW F22]

so WTF happened?? updates??