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Zachary
Zachary, Attorney
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Back on July 12,2013 we had a house fire. The sheriff even

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Back on July 12,2013 we had a house fire. The sheriff even pryed open our gun cabinet and took all of our hunting firearms(shotguns,muzzleloaders). The sheriff will not release the police report to our insurance company so they can file the claim.I was at work and my husband was the only one home. The house is in My Name ONLY,and the authorities did not even contact me at work, I found out 5 hours later from my kids. NEITHER I NOR my husband or ANYONE has been arrested in connection to this fire.And yet we are being treated like criminals,and labeled as well,in the local newspaper and in the public eye as either drug users and/or arsonists. We have lost everything.We are living in a run down rental home that my insurance company is paying for,etc. What rights of ours has been abused? Can we get any help in this matter? DESPARATELY Yours,Monica Boehme
Submitted: 10 months ago.
Category: Personal Injury Law
Expert:  Zachary replied 10 months ago.
Hi,

My name is XXXXX XXXXX I will be assisting you with your legal question.

Does the Sheriff's department have an open investigation on you?

Have you attempted filing a Freedom of Information Act request for the report on your house fire?

Has the Sheriff given you a reason that he won't release the police report?
Customer: replied 10 months ago.


Hello, thank you for your prompt response.In regards XXXXX XXXXX first question,the sheriff says there is an investigation open. But he will not tell us or anyone as to why.He says he will not release the police report until there has been a "decision" made on the case,there again,"What Case"? He will not answer that either. Where do I file for this request on "Freedom of Information Act" at? Thank You, XXXXX XXXXX

Expert:  Zachary replied 10 months ago.
Hi Monica,

This likely means that you and/or your husband are being investigated for a crime. Before you have been officially charged with a crime, you have no right to any information in the investigation. Nor do you have a right to demand that they either charge you or stop investigating you. The only thing you can do in this regard is wait and see if they charge you with anything.

Because the police report contains information regarding the ongoing investigation against you, this means that it has not yet become public information and thus is not susceptible to request through the Freedom of Information Act.

Further, your insurance company will not pay out any proceeds under the policy until any investigation against you for arson is resolved.

Your best option at this point is to petition city hall and the mayor's office for help. I would recommend sending a letter to the mayor asking him to order the sheriff to finish the investigation and either charge your or drop it, so that you can move on and file a claim with your insurance company. Explain that this has created an extreme hardship on your family as a result of being unable to collect insurance proceeds.
Zachary, Attorney
Satisfied Customers: 3926
Experience: Lead Personal Injury Trial Lawyer
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