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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26788
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My ex-girlfriend broke into my home and stole EVERYTHING(literally

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My ex-girlfriend broke into my home and stole EVERYTHING(literally cleaned out my home) while i was at work. She had been in prison for two years. we had stopped communicating period(we broke before she went but i let her keep her things there because she had no where to take them). I had the locks changed and when she got out she broke into my house. After that I had got an eviction notice and was nice enough to give her her clothes and little things I know she had bought around the house and that same day she also stole my cell upon leaving. I called the police and her parole officer in both situations. I hadn't heard from her in a month or so and all of a sudden someone broke into my home. I'm pretty sure it was her and my things were taking in broad daylight. I did call the police, but i haven't heard from them(it's been two days now). Do you what the police is going to do about this or the proper procedure they will follow, and how long it will take? and also what else should i be doing about this? i have no sympathy for her or this situation and want something done about it QUICK. Thanks
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.

If you've already reported this to the police and they came in and took a statement and you have also alerted your home insurance carrier, if that's applicable, then you've done what's most important, and the rest is going to depend upon the police.

If you gave them enough information for them to link this to your ex, they can get a search warrant and, obviously, if any of your property is there, they can make an arrest. The problem is that while you may very well be correct about who did this to you, if it's only a good hunch it will not be enough evidence for the police to be able to convince a judge to let them search.

If they can get a warrant, however, and they know where to find her, this shouldn't require a very lengthy investigation. You were probably given the name of a detective who would be assigned to your case. You ought to call him and find out the status of the investigation. And obviously, if you get any additional information that points to your ex, you should provide that to the police as well.

If you feel you are getting a runaround from the police and nothing is really getting done, you can go to the prosecutor's office and see if you can interest the prosecutor in your case. This is a burglary, so it's worth a try, and the prosecutor can order the police to investigate more aggressively, which should be helpful.

From there, unless you want to hire a private detective to see if he can find you a hard evidentiary link between this burglary and your ex, you are going to have to wait for the police results. But call them and remind them every now and again so that you can get yourself an update. YOu're a victim of a serious crime, and there's no reason you have to be shy about it.
Customer: replied 5 years ago.
so after this incident the woman served 3 months in some type of rehab, halfway house progam, but i believe that was because in the mist of all this she was violating her parole. the parole officer said that the case or whaterever it is called will be given to the prosector. so now she is out and at home and i won't to know if and when will she be charged for breaking into my home and stealing everything? how and who do i get information from regarding this?
Expert:  Zoey_ JD replied 5 years ago.

I am sorry for the delay. I had a doctor's appointment and have just come home.

You're the complainant on this case, so you can call the prosecutor's office and ask to speak to the person assigned to your case. Tell them the name of the defendant and they will track him or her down. He or she will be able to tell you what the status of the case is.

If the prosecutor's office has no record of this case, then the file hasn't been turned over to them yet. You would have to call the police and ask them when they will be handing the case over.
Customer: replied 5 years ago.
the parole officer, not the police said that he would be giving the case to the prosecutor . is this something the parole officer can do? and do you know why this matter wasn't handled right away? i mean she admitted to taking it, but lied and said she had a key to the house, they had leads on where the furniture was taken. i just don't understand why it wasn't like any other breaking and entering, theft, or robbery charge and such.
Expert:  Zoey_ JD replied 5 years ago.

Every state's procedure is a little bit different. If this went through Parole first and parole has told you that they will get the paperwork to the prosecutor, then that is how it likely works. You don't have to wait for it. You can go to the prosecutor yourself and make a complaint. After all, now that she's out, she could come back and do more damage, and you certainly don't want that.

I cannot tell you why it was handled differently For that matter, I can't tell you IF it was handled differently. If you are gettting no satisfaction from Parole or the police, you can see the prosecutor. Even if she did have a key, if she had no permission or authority to enter your residence and take property, she could still be charged. A break-in doesn't have to be literal. What has to be true is that she no longer has the right to be there.
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