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Michelle
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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febuary 9,2006 returned from fl to find house broken into ...

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febuary 9,2006 returned from fl to find house broken into and the indivdual had fled the house. called 911 local police refused to respond so we went to police station who refused to take report that night. individual now suing in small claims property that items he brought into our home while he was broken in is valued at 3,000. the few things that belonged to him were brought to the police station who refused to take it into evidence said put it out on the street. our homeowners insurance paid out alot for the damages . how can the crimminal sue us
Submitted: 9 years ago.
Category: Criminal Law
Expert:  Michelle replied 9 years ago.

DearCustomer/p>

You must feel like you are in a nightmare. What a crazy story. First, hard to believe the police would not respond, take a report or investigate with the evidence left behind. At that point, you should have contacted your DA and told them what was going on.

So this criminal is suing for his belongings that you put on the street - of course, anyone can sue someone. The question is going to be how did his belongings get into your home? At that point, I would think you would be able to have him arrested and charged with the B&E - so you might want to consult with the DA concerning all of this. Ask that a police officer be present with an arrest warrant - so that when this guys civil matter is over he can be immediately arrested and charged with the crime. You also can consult with your Homeowners and ask they get involved to apply pressure for this crime to be charged. I would think they would have a stake in it.

As to the local attorney who will not take the case because of a friendship - does this lawyer not practice in front of that judge at all? That is the worst excuse I have ever heard.

Begin with the DA as stated above. There should be no reason that they would not be able to charge and arrest this person once he admits that his belongings that he is suing for got into your home because he committed a crime.

Best to you,

 

If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle

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