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Nate
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10633
Experience:  Over 10 years of criminal defense practice.
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I want to see if I have a case against the City of Merced,

Customer Question

I want to see if I have a case against the City of Merced, CA. My home was burglerized by people I hired to help around my house. The police were of no help, as we have 'real crome' in Merced, and of all the items taken, no single 'trinket,' (police discription) was singujlarly valuable. The theives returned to steal my motorcycle, but because I prevented it, no crime had been committed, and therefore, no arrest was warrented. I was threatened by these people, and when I reported to the cops, my boat was set on fire in my driveway. I recieved a phone call telling me "At first it was about your 'shit', but you made it personal, and so now we are just going to kill you and take your 'shit' anyway." The police called it 'Big talk."
Now I find out these theives are police CI's, and one of them was out on bail between court dates when my home was entered. YTThe n[police do not want to jepordize a valuable tool in their crime fighting box, so they will not follow up on them....
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Nate replied 2 years ago.
Thank you for your question. Be sure to go ahead and bookmark www.nateanswers.com for future questions.

The police could be liable if they are ignoring the CI's committing crimes. They cannot simply refuse to follow up and investigate just because a criminal informant is involved.

Fortunately, the final decision as to whether to prosecute or not rests with the district attorney's office. You should call the district attorney and request to press charges against the people who did this. That would be your next step. If the DA agrees to press charges, an arrest warrant will be issued.

If you require more information, I will be happy to follow up with you. In the meantime, please remember to click Accept so that I get credit for my time assisting you. If my answer has been especially helpful, please also consider a suitable BONUS.

And remember, I want you satisfied, so if I can help you further, please ask so that you can provide Positive Feedback once we've addressed your legal question to your satisfaction.

Thanks!
Nate
Customer: replied 2 years ago.

I spoke with a DA investagater, was told they do not interfere with how the police use and or compensate CI's. Because I was in the house asleep at the time of the burgerlery, and could not positivly identify the thieves, there was no case. Was told to 'moved on.' I then went to the local newspaper, and was told they do not "mess" in their own back yard.

 

Expert:  Nate replied 2 years ago.
Based on your original question, it sounded like you had proof as to did this. If there are no witnesses there is no case against them. A crime was committed, but without any information as to who did it there isn't anything that can be done. The DA's office is correct in what they've told you.
Customer: replied 2 years ago.
Could you provide me with the name of a firm in my local area, I have so much more to explain and am looking to consult with.
Expert:  Nate replied 2 years ago.
While we cannot recommend specific lawyers on the site (we cannot endorse attorneys), I can point you in the right direction to find counsel. I suggest you do a couple things. Contact the state bar's lawyer referral service (http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx). They can put you in touch with multiple referrals to discuss the case with. The other is to go to the website www.martindale.com. This is the site lawyers use when needing to find other lawyers to associate with on a case. They rate lawyers both by their peers and their clients. The best lawyers are going to be rated "AV".
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10633
Experience: Over 10 years of criminal defense practice.
Nate and 3 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.
thanks, Nate
Expert:  Nate replied 2 years ago.
You're certainly welcome. Good luck!

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