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View Full Version : Is there anything he can do?


franky
2008-12-25, 06:24
So basically, a month or so ago I was riding in a car with a couple of friends while smoking marijuana. We were pulled over but only the driver was charged with possession and paraphernalia. Also, we are all in college but this happened off campus. He hired a lawyer and did whatever he had to do. Now he is calling all of the passengers, including me, and is saying that we must/should all pay for his lawyer bill since we were also in the car. He even got his dad into it (we are all 18 and in college).
While I was on the phone with the driver, he gave the phone to his dad so I can talk to him. His dad told me that he was going to hang up and call me back on his own phone (apparently because he couldn't hear me very well). Well he did that, and told me that if I didn't help pay then he would take this farther, so I told him that I will. Several times.

However, now I've decided that I am not going to pay anything (I have my reasons). But I just thought about it, when he hung up and called me back on a different phone, he could have been 3-waying me with his attorney or something. I know it is illegal for him to record our conversation without my knowledge (right?) so I'm not worried about that. Maybe I'm just being paranoid, but basically is there anything he can do at all to make me pay? I would think not, but i just want to be sure. Even if I did repeated say that I would pay for it on the phone? Sorry if this is long, I am just in a lot of stress because of this. This call just ruined my family's christmas.

mikehunt1
2008-12-25, 21:55
No, he is responsible for his own attorney fees. I don't think there is any judge that would order any of you to pay anything for attorney fees since

A. You weren't charged with anything

B. You weren't charged with anything and didn't need an attorney, it was his car, he is responsible for everything in it.

I don't even think you are morally obligated to pay him anything either, he chose to hire an expensive lawyer..You guys got off easily, but hey it is his car. Let him threaten you and take you to court and he will have to pay more court fees and the lawyer fee.

franky
2008-12-25, 22:11
Thank you very much for the answer. I figured it was kind of common sense that he can't do anything and that he was just trying to scare me into paying it. I was just paranoid and scared because I can not afford to pay for it.

mikehunt1
2008-12-26, 03:37
Yep it's almost like being in a car pool, the driver gets a speeding ticket and says everyone has to chip in to help pay for the ticket or else he will sue.

franky
2008-12-27, 18:58
Alright I need this answered quickly please, as I am still dealing with it atm.

Is this considered extortion? Coercion maybe? Why or why not? and if it is not, what will have to happen for this to be considered extortion. He is still demanding money and is threatening to hire ANOTHER lawyer just to make us pay (even though I know there is nothing he can do). But I would really still like to know if it is so I can have something against them.

fatkitty420
2008-12-27, 19:01
Just as a side note:

He could of recorded the conversation since it was his house phone that he spoke to you with. He doesn't need to inform you that you're being recorded since it's his phone and you're talking on a private line... Things like that are complicated.

But I would tell them both to go eat a dick, it's his fault he was caught/allowed it to happen and if you don't want to help him save his own ass then oh well (at whatever cost to your friendship though).

franky
2008-12-27, 19:41
Yeah I brought that up in my OP. Is that legal for them to record me without my knowledge on a private line? And what can they do with it? I also considered the fact that they could have 3-wayed their lawyer so he can hear the full conversation and find flaws. If it came down to it I was just going to say that the only reason my mom and I agreed to paying the fees was because we were feeling threatened (extortion through coercion?). If I verbally said I will pay for it, is it okay for me to now say that I will not? I didnt know about coercion until I did some research after the call.

And this is not a friend. I didn't know him that well to begin with, he was just friends with my other friends that were with me. Even if he was my friend, I will not hesitate to bring him down just because he went upon this the wrong way.. Demanding money from me instead of asking me, as a friend, to help him pay for the bill.

fatkitty420
2008-12-27, 21:17
Yeah I brought that up in my OP. Is that legal for them to record me without my knowledge on a private line? And what can they do with it? I also considered the fact that they could have 3-wayed their lawyer so he can hear the full conversation and find flaws. If it came down to it I was just going to say that the only reason my mom and I agreed to paying the fees was because we were feeling threatened (extortion through coercion?). If I verbally said I will pay for it, is it okay for me to now say that I will not? I didnt know about coercion until I did some research after the call.

And this is not a friend. I didn't know him that well to begin with, he was just friends with my other friends that were with me. Even if he was my friend, I will not hesitate to bring him down just because he went upon this the wrong way.. Demanding money from me instead of asking me, as a friend, to help him pay for the bill.

Verbal Contract laws differ from state to state.

Keep in mind that when the person had charges filled against him he is offered a free lawyer by the state. "If you cannot afford an attorney, we will appoint one to you at no cost" is part of the Miranda right speech. If he chose to hire a personal attorney then it's his problem. It's not like you paying for his attorney will benefit you in anyway and you can't really be charged for his crime after they let you go. He didn't "NEED" to pay a lawyer himself. His parents are just trying to cover up their son's mistakes.

If they take you to court tell the judge that they threatened you and that they said you could be arrested if their son wasn't defended by the attorney.

I mean really, people these days. He needs to own up to his consequences.

TCStyle
2008-12-27, 21:44
One requirement of a verbal contract in the federal UCC is that both parties must give consideration. I don't see his consideration so you agreeing to pay is not a verbal contract. No you are not obligated to pay for his fee's because you were in the car. I suggest you be very rude to his father so he hires a lawyer in spite of you and then wastes thousands of dollars.

franky
2008-12-27, 22:00
Alright thanks for the responses guys. What do you mean by the consideration?

But I'm not even going to worry about the verbal contract because there is no way he can bring it up against me with proof unless he recorded the conversation. And if he did then I would like for him to bring it to court because that is very illegal and it is worthless as evidence.

But I still wanted to know if this is considered an attempt at extortion through coercion.

HaloAddict
2008-12-27, 22:06
I would say no..and if he was DUMB enough to get a possession charge then he deserves to face the consequences. Tell him he needs to go through the legal system and should thank you because maybe now he will know what to do next time instead of forfeiting all his rights like he most likely did.

TCStyle
2008-12-28, 00:35
Alright thanks for the responses guys. What do you mean by the consideration

In contract law consideration is a promise to do or refrain from doing a legal act. Both parties need to have consideration or else no contract has been drafted. Basically you can't create a contract that just says x pays y $500. In this case your friends father never had any consideration.

However I'm not sure if this rule stands only between merchants or works for non merchants also.

Also it is not illegal to record a phone conversation and use it as evidence in all states