Page 2 of 2 FirstFirst 12
Results 11 to 13 of 13
  1. #11
    Join Date
    Jan 2006
    Posts
    20,745

    Default Re: Theft - Homeowner Left Door Unlocked

    the cost of small claims is generally quite minimal. Given the timing, I think you might convince a judge there is no other reasonable argument of what happened to your property. The worst that would happen is you lose the filing fees.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  2. #12

    Default Re: Theft - Homeowner Left Door Unlocked

    UPDATE:

    I am now living with a coworker. I have been in contact with the homeowner (wife) to arrange reimbursement of my security deposit when she informed me that the police had reported they found my iPad. After speaking with the police I was told that there was another report filed under mine from the husband several days later.
    The report states that a teenage friend of the husband went into my room and took my iPad. The husband informed me of what happened and we both agreed that it would be best to take care of the situation on our own so as not to tarnish the record of a juvenile. End of report.
    This conversation between the husband and I never took place and this is the first I have heard of a teenage kid stealing my belonging.
    As soon as I get the deposit back from the wife I plan on taking them to small claims court for the price of the iPad.
    My question is concerning criminal charges. In my police report it states that the theft is a felony. There are now two statements from the husband to the police that contradict each other. Originally he told the police that there was a break-in during a ten minute window of time while he was ‘cashing a check’ and his wife was sitting in the living room. Now he is saying that his friend actually took the item during that time period but the wifes statement said that the only people there were here and her husband.
    What do I do to try and have criminal charges pressed against him? Can I take the couple to small claims court and still peruse criminal charges?

  3. #13
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,075

    Default Re: Theft - Homeowner Left Door Unlocked

    Quote Quoting LostInTheSauce
    View Post
    What do I do to try and have criminal charges pressed against him?
    Did you tell the investigating officer that the conversation was a fiction and that you were still interested in recovering your property and proceeding with a criminal prosecution? The husband has told the police he knows who took your iPad - they can ask him for a name.
    Quote Quoting LostInTheSauce
    Can I take the couple to small claims court and still peruse criminal charges?
    Yes, although for a number of reasons a prosecutor may want you to defer filing a lawsuit while charges are pending, and your having a suit pending may influence how a prosecutor treats the case if it's submitted for review.

    1. Sponsored Links
       

Page 2 of 2 FirstFirst 12

Similar Threads

  1. Eviction Notices: Unlawful Detainer Left at Door
    By Airhops77 in forum Eviction
    Replies: 2
    Last Post: 08-24-2011, 10:23 AM
  2. Can I Put an Unlocked Gate on My Alley
    By laharris42 in forum Easement and Right of Way Law
    Replies: 3
    Last Post: 12-27-2010, 08:31 PM
  3. Other Driver Left His Door Wide Open - Who's at Fault
    By dacoolhand in forum Moving Violations and Traffic Tickets
    Replies: 9
    Last Post: 07-05-2010, 03:37 PM
  4. Service of Process: Can a Subpoena Be Left at My Front Door if I'm Not Home
    By Helpme13 in forum Civil Procedure
    Replies: 2
    Last Post: 06-03-2009, 08:32 PM
  5. Roommates: Roommate Left Window Unlocked, House Burglarized - Is She Negligent
    By gwarrr in forum Living in the Rental Unit
    Replies: 2
    Last Post: 03-24-2009, 10:42 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Criminal Defense Attorney
Protect your freedom. Consult a criminal defense lawyer for free.




Untitled Document