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  1. #1
    Join Date
    Oct 2015
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    Default If You Steal Property Are You Liable for Damage Caused by Somebody Else

    My question involves criminal law for the state of: Georgia

    My partner broke down near a 20+ year family friend's residence around 2AM one morning, with his phone being dead he walked to their home and took a four wheeler (he has always borrowed and used their farm and yard equipment in the past.) The owner reported it stolen not knowing who had the four wheeler. The following day while heading to return the four wheeler my partner's ex in-laws saw and reported his location, he was arrested. After arresting him the four wheeler wasn't confiscated and for some odd reason was left in his ex in-law's possession for two days. When the owner picked it up someone had damaged it in those two days by painting a rim a crazy color and took a few parts off, making it look as if my partner damaged it. Now they are trying to force the owner to continue with the charges and attempting to press further charges and restitution for the damage.

    What can we do about this? Also in filing the Motion for Discovery for this what other than photos and statements should we request?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: If You Steal Property Are You Liable for Damage Caused by Somebody Else

    As you have likely already figured out, nobody is going to believe that a random individual vandalized the stolen four-wheeler. Unless your partner can produce the vandal along with compelling evidence of the vandal's guilt, he can expect that the police and prosecutor will continue to regard him as the person responsible for the damage. If your partner has the opportunity to get the charge dropped by paying restitution, or will be going to trial on a charge you admit he is guilty of committing if he refuses to pay restitution along with new charges for damaging the vehicle, it's likely better to bite the bullet and pay for the damage. Needless to say, your partner should be working with a criminal defense lawyer.

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