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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 37055
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I red a live in nanny and when we separated because of a

Customer Question

Hi, I hired a live in nanny and when we separated because of a move, I noticed that a lot of my things packed in the PODs container were missing and we have documented previous theft by her, can I file a police report and hope serious can the charges be?
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Yes, you can definitely file a criminal complaint against her and see if the DA will agree to file a formal charge once the police investigate the matter. The problem is that the prior thefts wouldn't be admissible as evidence in this case so as to prove "bad character" and that because they did it in the past, they are guilty of doing it now.

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So you would have to have evidence that she is guilty of the current thefts before a DA would agree to file a formal charge. However, this can consist of circumstantial evidence such as she was the only one other than you to have access to the PODs and she had the motive and opportunity to steal the items.

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As for how serious it would be, it would depend on the value of the items that were stolen. If they were worth over $1,500 it can be charged as felony theft, under that a Class A misdemeanor.

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thanks

Barrister