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How can I bring a formal inquiry about regarding destruction

Customer Question
Hello how can I bring...
Hello how can I bring a formal inquiry about regarding destruction of evidence?
Submitted: 1 year ago.Category: Criminal Law
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Customer reply replied 1 year ago
Inquiry or investigation
Answered in 6 minutes by:
6/24/2016
Criminal Lawyer: CalAttorney2, Attorney replied 1 year ago
CalAttorney2
CalAttorney2, Attorney
Category: Criminal Law
Satisfied Customers: 10,244
Experience: Civil litigation attorney for individuals and businesses.
Verified

Dear Customer,

"Destruction of Evidence" is dealt with in the case where that evidence is at issue.

So if there is a destruction of evidence or spoliation of evidence at issue in the case where that evidence was to be presented, the parties (such as the defendant) could raise this as a defense the charges brought against them.

As far as an administrative inquiry or claim, you can always file a complaint with the agency that had responsibility for maintaining the evidence, the District Attorney's Office for the County, or the State Attorney General. All of these entities have oversight and administrative review authority to investigate and take administrative action if deemed appropriate.

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Customer reply replied 1 year ago
The individual destroyed the evidence because they believed it would incriminate them. So it had not been entered into the DAs office or state Attorney General etc.
Criminal Lawyer: CalAttorney2, Attorney replied 1 year ago

Is this in regards ***** ***** civil matter or a criminal one?

(meaning is someone planning on suing them, or is the person trying to avoid criminal charges)

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Customer reply replied 1 year ago
It would be both butvthe criminal matter would be handled first?
Customer reply replied 1 year ago
As far as the criminal aspect they use fear and intimidation and then violence or mafia or gang instigation.
Criminal Lawyer: CalAttorney2, Attorney replied 1 year ago

The criminal matter is something that is handled entirely by law enforcement. So there really isn't anything that a private citizen does to affect this.

(There are a few exceptions, such as embezzlement cases where law enforcement rely on victims for documentation and resources, but you would be working with detectives to help build the case, and you would be aware of this if it applied).

Regarding the civil matter, you would deal with this under "spoliation of evidence" rules, see: https://www.mwl-law.com/wp-content/uploads/2013/03/spoliation-of-laws-in-all-50-states.pdf (50 state summary, but includes NC law)

If you have a fear for your life or safety, contact law enforcement.

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Customer reply replied 1 year ago
My mom for example was assaulted then the same day I was involved in a serious car accident. After the assault she wanted to report it but her car was blocked in that day(ray blocked her in,nthe assaulter is someone else) I didn't know what was going on. I left in my car then a lady in a white car failed to give me the right away or she pulled out in front of me then she attempted to correct herself. I got back home after the accident and ray who had blocked my mom charged me and hit me in the chest, one of the places where i was injured. And then as I stood bloodied in the kitchen at the same place where the original assault took place, my brother who is staying in the adjacent guest bedroom looked at me (in my clearly injured state) and exalted a loud violent sound something like "DLH!!!". Then he went back in that room, which is not his normal bedroom but which was usually reserved for a guest. Later I went to the ER, I didn't think it was nessesary at the time after the accident but then I thought my injuries could be worse than I thought. I think my brother believes he can transmit and receive psychic messages and then also other things related to demonic possession and causing destruction. He idealized destructive causes, I also heard him sympathizing with terrorism. Several other things.
Customer reply replied 1 year ago
Can you also please elaborate on the definition of embezzlement.
Criminal Lawyer: CalAttorney2, Attorney replied 1 year ago

Dear Customer,

Report the assaults to law enforcement.

If you or your mother need protective orders to protect you from this individual (or others), you can apply for them. See: http://www.nccourts.org/forms/Documents/887.pdf (You can usually get help from your court's self help site, local law library, or District Attorney's Victim Restitution Center).

Embezzlement is (most commonly) when an employee steals from their employer.

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Customer reply replied 1 year ago
Would it be fair to say that that definition of embezzlement is a simple one and it can be a lot more complicated?
Criminal Lawyer: CalAttorney2, Attorney replied 1 year ago

Embezzlement covers a lot of other more complex issues, but as far as the basic crime, that is what you are dealing with.

The facts you describe would not involve embezzlement in any way.

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Customer reply replied 1 year ago
The damage from the assaults is in the past. Concerning the string of violence that has occurred since I was an infant at the hands of my brother, I am now nearly legally blind and after the auto accident (which it needs to be noted how he caused it) and legally disabled. Being a victim of these various offenses has never been noted in a court of law. And it's reasonable to say that my brother acts in an aggressive way that he may believe is justified because it may protect others. Then others also follow suit regarding this theory(criminal) of justifying violence or victimization.
Customer reply replied 1 year ago
Regarding delusions of grandeur or delusion of self importance my father died as a racecar driver my brother destroyed a photo that captured him after he assaulted me in the eyes. The he using paranoia to prevent me from telling or he is paranoid and smothering. He's a true psychopath, help me understand how I can navigate the system better so it can be noted (BEFORE I am dead) how he has caused or likes to cause things without then getting got and then he is rewarded while I am promised nothing in return...
Criminal Lawyer: CalAttorney2, Attorney replied 1 year ago

Dear Customer,

You can look into the civil restraining order (above), but I would also recommend that you consider creating as much space between yourself and a dangerous situation as possible (I don't know the circumstances surrounding your situation, but giving yourself more space in addition to any civil restraining orders is usually a good way to avoid further such encounters).

Dealing with family members that have mental or emotional issues is difficult, and you can sometimes find assistance with county mental health, where they sometimes have counselors and support for family members.

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Customer reply replied 1 year ago
Ray(my "stepfather")regarding my plight and prior victimization became aggressive towards me and my mother. She knew not to take me to that dentist, but ray for various reasons forced her to and then he might have also then "paid" for it with "cash" and he didn't have the right to force me to go to the dentist for he was not my biological father i was a minor and then there is a protective law which was violated regarding this. And that happened to me twice first in Charlotte then later in Harrisburg. Then a man claiming to be the dentists brother said the dental records had to be destroyed. Is this true? Is he lying? Where are they? Why did he say this? Is he slandering me or defaming me?
Customer reply replied 1 year ago
Regarding your advice it may be true in the short term but what it is really doing is honoring or abiding by fear and intimidation and correct me if I am wrong but is that not illegal or a criminal act in itself?
Criminal Lawyer: CalAttorney2, Attorney replied 1 year ago

Dear Customer, I am going to "opt out" and allow another expert to follow up with you. Please do not post any further at this time as it will delay the next expert's ability to follow up. If you need any assistance in the meantime, please contact our customer service at: http://ww2.justanswer.com/help Thank you for using our forum, and I do wish you the best of luck. Bill

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Criminal Lawyer: attyadvisor, Attorney replied 1 year ago
attyadvisor
attyadvisor, Attorney
Category: Criminal Law
Satisfied Customers: 7,404
Experience: 29 Years of Criminal Law experience
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Welcome to JA and thank you for your question. I am a different attorney that was asked to assist you. As the prior attorney indicated these are criminal actions and you should look into an order of protection/restraining order. Have you filed a report with law enforcement?

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Customer reply replied 1 year ago
How can I get an order of protection if we live in the same house?
Customer reply replied 1 year ago
I have a goal set in mind to improve my living conditions within the house I am living then money I invest into these and other home improvements will be factored into a settlements regarding the final value of the house at sale. There are other matters associated with injuries or damages related to ow my family has abused and neglected me that I also believe I am entitled to damages for as well. Do you think my goals are reasonable?
Criminal Lawyer: attyadvisor, Attorney replied 1 year ago

That is the issue. Living in the same house complicated the situation as by being in the same house it is already violated. I understand the frustrations. You just want to be left alone everyone doesn't have enough money to have their own homes.

Depending on your age when you sustained the damages (injuries) and since they appear to be on going to this day I would certainly make every attempt for damages. Is there ant possible of living outside the home or asking the court to have the abuser(s) removed. Who have you reported the abuse to? (Which Agency) and has their been an investigation?

The North Carolina Department of Health and Human Services is the governmental agency tasked with investigating Child abuse and Adult abuse. if you have not done so already please file a complaint for an investigation with the State at http://www.ncdhhs.gov/assistance

This link is to file a complaint with child protective services https://www2.ncdhhs.gov/dss/cps/index.htm

This link is to file a complaint with adult protective services at http://www.ncdhhs.gov/assistance/adult-services/adult-protective-services

If you have any additional questions please do not hesitate to let me know. If you would rate my service positively so I will receive credit for my work I would appreciate it. Thank you for using JA!

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Criminal Lawyer: attyadvisor, Attorney replied 1 year ago

Are you still with me?

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attyadvisor
attyadvisor
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Category: Criminal Law
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