Criminal Law Questions? Ask a Criminal Lawyer.
Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help
Also, if you would like to chat on the phone, let me know and I can make that happen.
I am sorry for this dilemma. Can you give some context? Who called the tow company to move the car? Was it the property owner?
I appreciate that insight.
So what is your question today....are you asking if you can force the police to investigate this as a crime?
Thank youA few minutes please...I have some thoughts and will type them up
Thank you for your patienceRegarding the police duty to investigate? The police in MN (and in every state, for that matter) have “discretion”. This means that no citizen can require the police to investigate/prosecute any particular case.Period.It simply is not possible.Now…I agree this could be a crime. And I agree that it would make sense for the police to prosecute. But if they refuse? Your recourse is limited. You can complain to the chief of police. Or to your elected official (the police chief works for the mayor/city council).But if the police do not want to take the case you can to make them.NOw…from the ciivl side you can absolutely sue in civil court. AND you can “do it yourself”
Small claims is a true "peoples court". The formal rules of evidence and procedure do not apply. So you can represent yourself (no need to hire a lawyer).
The process is simple enough. You head to the county court and talk to the clerk of the court. They can get you the forms needed to start. You file the claim, serve a copy on the defendant and wait for your day in court.
In court, be prepared to tell the judge what happened, and bring in copies of any evidence that supports your case. IF there are witnesses who can testify about what happened? Have them come as well.
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Not for small claims. You just show up with your evidence and present to the court. That is the beauty of small claims...you can do it yourself.
If you would please "rate" the answer (3-5 stars) I would appreciate it. That way I get credit for my workThank you
I understand. Take your time, but please, do, rate.