Not Enough Proof to File Charges, but Can I File Small Claims or Civil

**Lmastro08** · 11-11-2011, 03:24 PM

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.

**Mr. Knowitall** · 11-11-2011, 03:55 PM

The fact that the police won't request that a prosecutor authorize charges doesn't mean that you cannot sue in small claims court.

The problem is that, even if you can prove that the money was in a specific location and that only two people had access to it before it disappeared, you have no proof that this particular person took the money.

**Lmastro08** · 11-11-2011, 04:10 PM

I understand. I have to file small claims against them both for the damages they did to my home though, so can I file against BOTH for the theft of the money as well since they were the only 2 people with access to it?

It doesn't seem right that they can schmooze their way into my house, screw up a job, cost me tons of money, steal from me, & I have no recourse simply cuz neither will admit to not taking it. One of them did. Suspect #1 said he'd take a polygraph but he cant be forced to so he's dodging the detectives calls now. Suspect #2 even told the detective that it had to be one of them & he believes it was suspect #1 (who has an extensive criminal record, including a bank robbery in the 60's).

I will take them to small claims for the other damages, but "preponderance of the evidence" is enough for civil court & "beyond reasonable doubt" for criminal. The preponderance of the evidence shows absolutely that one of them took it. So since the small claims case will be joint, can I add the theft?

**Mr. Knowitall** · 11-11-2011, 07:47 PM

You can file suit for whatever you want to claim. But I expect that you will not be able to prove that the money was present when you left, let alone convince a court that you should hold both people responsible for 'stealing' it when your theory is that one of them stole it without the knowledge or complicity of the other.