Help Me Pls! Re: Robbery Case

[luntianatpula]

anybody help me pls? i desperately need a lawyer's (or lawyer-to-be) opinion.

ninakawan ako ng cellphone habang pauwi ako sa bahay last may 6. 2 sila, yung 1 nagdrive ng get-away tricycle, yung 1 tinutukan ako ng icepick. since biglaan ang nagyari, di ko masyadong namukhaan yung magnanakaw. i had a vague image of him.

when i reported the incident sa pulis, binigyan nila ako ng pictures ng mga possible suspects na ganun ang modus. out of that, i thought i recognized the magnanakaw, but i wasn't so sure (60% sure, 40% not). the police fed me with the crimes that the man committed so in a way, naging confident ako na sya nga yun.

naaresto kaagad sya ng mga pulis but he posted bail at he keeps telling me he was innocent, na nagkamali lang ako, baka kamukha nya lang. his wife and kids went to my place, nakikiusap na iurong ko ang demanda. but at that time, nagmatigas ako, di ko inurong.

it had been 3 months now... medyo nagdadalawang isip na ako if itutuloy ko yung demanda. lagi ko naiisip yung maxim na it is better to send a guilty man free than let an innocent go to jail, so nakokonsensya ako. i know i have a strong case, ipagpilitan ko lang na sya yun, sigurado makukulong sya.

my dilemma is this: pano kung di ako sumipot sa arraignment at iurong ko na lang kaya ang demanda? kaya lang, baka sya naman ang magsampa sa akin ng counter-demanda?

Ano kaya ang pinakamagandang gawin sa kaso ko? help me pls!!!

thanks a lot!

[Thoma§]

ang tanong lang kasi ay: Sigurado ka bang sila yun? masakit din kasing magdemanda ng inosente 'di ba?

[luntianatpula]

honestly, not really... let's say at the moment i'm 50% sure.

habang tumatagal kasi ang kaso, you get more unsure... at 3 times na nareresked yung arraignment ko! everytime na nakikita ko yung mama, nato-trauma ako, naaalala ko lagi yung nagyari...

[mac_bolan00]

i'm not a lawyer but i know that property cases involving less than 50K rarely, if ever, reach the court. but then, this is a criminal case.

[R3'91]

IMHO, I think this is too much trouble for a mobile phone. If this happened to me, I'd just drop the whole thing, learn from it and just be more careful the next time. But it's just me ...

[the_BuGs]

yeah me too... tutal cellphone lang naman yun.. kesa buhay pa ang ipalit. Kung me duda ka iatras mo.. pero kung sigurado ka ituloy mo.

[dac]

ask him if he would like to settle the case out of court.
return the celphone you will drop the case.

usually if he is part of a bigger syndicate, sa fiscal pa lang hakot ng supporters yan to intimidate you.

but then again an innocent man will raise hell if you accused him wrongly.

am a victim of celphone holdup too. a knife pointed at my gut definitely made me concentrate on the knife and not the face. I couldnt remember their faces. question is How sure are you?

on the other hand hes probably guilty.

one thing about the cops, they seem to know whos robbing at what area through their network. if youre connected, you can get your phone back with an apology from the creep who robbed you.

you better do what you want to do or else youd look back and regret you didnt do anything. maski matalo, importante you did something about it. wala kang regret at di mo sisisihin sarili mo someday.

[sixflat]

Kung hindi ka 100% or even 90% sure. Drop it na lang. Your cellphone is not worth the trouble and anxiety and insult you may get through. Learn the lesson na lang and leave the experience behind. Don't worry, he can't get back to you. You did what you did without malice and nobody can prove that you have something against the man prior to the stolen celphone case. Thus, even if he sue you for whatever reason he might perceive, the court would not see viability or merit in his case. Take it easy. It's just a cellphone; you have a life ahead of you.

[fartmanfart]

^^ right. ipasa DIYOS mo na lang. be thankful at di ka na saktan. at magpasalamat ka na rin na di makukulong ang inosente (kung innocent nga) kung guilty sya, me karma naman.

[Ice Burn]

which is why criminals, especially cellphone snatchers get so brazen these days because no one prosecutes anymore. Look at all the advice here. Drop the case??? Sheesh... :rolleyes:

I suggest you spend some time reflecting on the incident. Sometimes your mind just blocks out the traumatizing incident. If you can reflect on a 3rd person's point of view you may be able to remember the face clearly...

If I could only have your chance. My cellphone got stolen too and I got shot in the process...But they never caught the guys who shot me. And I still remember their faces clearly...And If I had your chance, meaning the guys where caught and I identified them, I swear I'd make them pay...

(And this is from the youngblood article written by me in response to those who will ask why the hell I fought back...

from Gun Survivor (http://iceburn.multiply.com/journal/item/5)
People have called me stupid for fighting back. I should’ve given the phone, no phone is worth my life, etc., etc., and other crap I hate hearing. What will really upset me is, if I had given up that phone without a fight. I know people will be shaking their heads upon hearing that statement but I just can’t help it. I’ve always been a fighter and nothing will change that. You may call me a fool but I have always believed that bravery and foolhardiness are one.

[sixflat]

Originally posted by Ice Burn
which is why criminals, especially cellphone snatchers get so brazen these days because no one prosecutes anymore. Look at all the advice here. Drop the case??? Sheesh... :rolleyes:

I suggest you spend some time reflecting on the incident. Sometimes your mind just blocks out the traumatizing incident. If you can reflect on a 3rd person's point of view you may be able to remember the face clearly...

If I could only have your chance. My cellphone got stolen too and I got shot in the process...But they never caught the guys who shot me. And I still remember their faces clearly...And If I had your chance, meaning the guys where caught and I identified them, I swear I'd make them pay...

(And this is from the youngblood article written by me in response to those who will ask why the hell I fought back...

The point is, she was not sure whether she got the right man. Ask the police to investigate the crime deeper, i.e., if you believe they have the ability and competence to do so. It's not a unique case, and lessons have been learned from it: If nothing is definite, it is not worth pursuing. Some people, even in uncertainty of "facts," would insist and pursue a case at much higher cost than the value of the matter being pursued. Yes, it is principle. It is also a person's right. But the second time one defends his principle and right, he'd already be defending his pride. Pride--can't accept unjust defeat; can't accept injustice done... like it is a way to seek peace---like there is no God.
Be discerning about the weight of your case and your self-worth.

[the_BuGs]

Originally posted by Ice Burn
which is why criminals, especially cellphone snatchers get so brazen these days because no one prosecutes anymore. Look at all the advice here. Drop the case??? Sheesh... :rolleyes:

I suggest you spend some time reflecting on the incident. Sometimes your mind just blocks out the traumatizing incident. If you can reflect on a 3rd person's point of view you may be able to remember the face clearly...

If I could only have your chance. My cellphone got stolen too and I got shot in the process...But they never caught the guys who shot me. And I still remember their faces clearly...And If I had your chance, meaning the guys where caught and I identified them, I swear I'd make them pay...

(And this is from the youngblood article written by me in response to those who will ask why the hell I fought back...

Mde. Ice Burn ang point kasi hindi sya sigurado kung yung inaakusahan nya eh sya talaga yung Nang Snatch/Holdup sa kanya :)

Kasi kung innocent nga naman yung inakusahan nya sabay nakulong shempre konsensya mo rin yun. Kaya nga ang suggestion ng iba kung hindi talaga sya sigurado sa taong yun iatras nya... at kung siguradong yun nga ang nang holdup sa kanya ituloy ang kaso.

[luntianatpula]

tnx, everyone!

just to update those that had replied, i decided to drop the case after thinking long and hard. nakipag-ayos ako dun sa magnanakaw, i told him na just in case mahuli ulit sya, at makulong, makikiride ako sa magsasampa ng kaso sa kanya. itutuloy ko na talaga. just like r3'91 said, less than 50k, dina-drop talaga ng court... :(

ngayon naman, my next problem is, ano ang idadahilan ko sa judge bakit ko idadrop yung case and if ever me lumabas nga na nabiktima nung magnanakaw, maioopen pa yung case ko.... and also, isa sa mga ikinatatakot ko, what if magsampa sila ng counter-demenda for the trouble i caused (this is highly unlikely, pero malay mo...) help, anyone?

[Assassin_Mage]

based on statistics, 90% of such cases end up unresolved.

Why? because of what Iceburn said. The police can only do so much. they can catch the perp but in order to put him in jail, they need to have someone press the charges.

Its just so frustrating to think that a lot of us always complain about the crimes that occur when in fact, we actually help the perps in perpetuating such acts.

01. Even if caught, no one presses charges. Contrary to popular notions, most snatchers, holdapers and such are easy to apprehend. yet they go free again. Why? cause there is no case that can be filed against them. Because no one wants to file or testify against them. So off they go again..

02. We turn a blind eye. How many cellphone snatchings has anyone of you ever seen? How did you react? nuff said!

03. we buy stolen stuff. In order for a thief to think something is worthy of being stolen, there has to be a place to fence it to. But if the fence does not have a clientele, he wont buy. Its a cycle...