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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3132
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband scraps metal (recycling), he goes to abandoned or

Customer Question

My husband scraps metal (recycling), he goes to abandoned or burned houses& cleans up the recyclable material. He was arrested yesterday for theft of property. When he was detained in police car the officer called a wrecker to tow his truck. When I went to get the truck today the windshield was busted. The tow company said it was done b4 they arrived & gave me a written statement that officer stated the property owner busted the windshield. We r in Alabama & I need to know if it is the officers responsibility to protect my husbands property until tow truck gets there to pick it up. Should the officer have not allowed this to happen? It was not broken prior to his being arrested yet done b4 wrecker got there. I need to know is it the law for them to serve & protect regardless
JA: What state is this in? And how old is the car?
Customer: Alabama & it's a 1990 Chevrolet pick up
JA: Has anything been filed or reported?
Customer: Pertaining to the broken windshield? Yes I have statement from wrecker service & I talked to chief of police
JA: Anything else you want the lawyer to know before I connect you?
Customer: Chief tried to say that it probably happened b4 officer arrived. Yet my husband did not have any real confrontation with property owner & he knows it was not busted prior to his arrest. The officer also told me that he was having it towed but upon going to talk to chief I was informed that they had no record of towing it
Submitted: 10 days ago.
Category: Criminal Law
Expert:  Marsha411JD replied 9 days ago.

Hello,

Thank you for the information. I am not sure, however, I understand the point of your question. Can you tell me what resolution you are seeking? Are you thinking that the police department would have to pay for the repair of the windshield or what exactly? Thank you