My question involves criminal law for the state of: Michigan
I had some money stolen from my home. Only 2 people were present when it was taken. Unfortunately, after questioning both suspects & both denying it (of course), the detective said there isnt enough evidence to prosecute. The detective offered the suspects a polygraph, but the suspect that he & I both believe took the money (suspect #1) will now not return the detectives calls or letters or take the poly. There was no eye-witness & the suspects are related. One (susp #1) has a very extensive criminal record. I was not aware of this or i never would have let him in my home.
I do have to take them to small claims on another matter (the theft occured while they were working on my home - they screwed up & I have spent many hours & dollars repairing their mess).
My question is: can I include the stolen money in my small claims case since they were the only 2 people in the house when it was taken? The detective & I are both certain suspect #1 is guilty, and feel suspect #2 is not...but with no proof as to which one took it, I would have to file against both. My small claims case will be against both.