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Author Topic:   QUESTION FOR CHESTY.
THE STEEL BEAST

Elite Bodybuilder

Posts: 1122
From:BORN IN A CAVE IN GERMANY AND RAISED BY A SHE WOLF.
Registered: Apr 2000

posted November 01, 2000 07:38 PM

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2 MEN ARRIVE AT A HOUSE.
1 STAYS IN CAR,1 GETS OUT
1 THAT GOT OUT BEATS ON SIDE OF HOUSE AND DOOR.
COPS COME.
COPS HANDCUFF 2 MEN AND FIND CROWBAR IN POSSESSION BUT IT WAS UNUSED.
COP FINDS DENT IN HOUSE.AND BROKEN DOOR.DOOR WAS BROKEN HOWEVER NOT BY SUSPECT.
COPS ALLOW 2 MEN TO GO WITHOUT CHARGES UNDER CONDITION THEY PAY FOR DAMAGE.AND THAT THE OWNER OF THE HOUSE WOULD BE CONTACTED WITHIN A WEEK.(DOOR,SIDE OF HOUSE)AS YOU KNOW DOOR WAS NOT DAMAGED BY SUSPECT,BUT COP DOESNT KNOW THAT.
SUSPECTS CONTACT OWNER
DENT WAS TAKEN CARE OF.
OWNER WANTS DOOR TO BE PAYED FOR.
SUSPECTS DO NOTHING.

CHESTY,WHAT CAN HAPPEN FROM HERE?CAN ANY WARRANTS BE ISSUED OF ANY TYPE.CAN ANYTHING HAPPEN LEGALLY?

------------------
IN IRON WE TRUST.

HEAVEN IS THE BACKSEAT OF MY CADILLAC.


HEY ITS THERON!!!!!!! LETS KILL HIM!

I CAME.....I SAW........I BENCHED IT.......


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JohnnyO

Moderator

Posts: 1591
From:Houston, TX, USA
Registered: Apr 2000

posted November 01, 2000 07:43 PM

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i think the house owner has to take the suspects to small claims court.


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chesty

Guru

Posts: 3657
From:Everett, WA
Registered: May 1999

posted November 01, 2000 07:46 PM

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Well, first, the two men would be guilty of at a minimum criminal damage to property and criminal tresspassing. The officers should have done a report and in it should state all the damage that was done by the individual hitting the house. Now, they may not have charged you at that second, but they can at a later date, the detectives and or the DA may decide to charge you. For every crime there is a time limit. Statute of limitations. For rape for example in most places it is 7 years, after that you cannot be charged.

The two men should obtain a copy of the police report and keep it in case they have to go to small claims court and defend themselves. I highly doubt the cops would come back and charge the two men, unless they were scrot bags with prior history of some sort.

The owner will have to sue in court and the two would have to prove they did not do the damage, hence the need for the polie reports.

In short, I don't think they would charge the two men and arrest them, but then again stranger things have happened.


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THE STEEL BEAST

Elite Bodybuilder

Posts: 1122
From:BORN IN A CAVE IN GERMANY AND RAISED BY A SHE WOLF.
Registered: Apr 2000

posted November 01, 2000 07:49 PM

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HOW COULD THERE BE A CRIMINAL DAMAGE CHARGE WHEN NO DAMAGE WAS DONE.AND HOW COULD IT BE TRESPASSING WHEN NO ONE SAID LEAVE AND NO SIGNS WERE POSTED.

------------------
IN IRON WE TRUST.

HEAVEN IS THE BACKSEAT OF MY CADILLAC.


HEY ITS THERON!!!!!!! LETS KILL HIM!

I CAME.....I SAW........I BENCHED IT.......


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chesty

Guru

Posts: 3657
From:Everett, WA
Registered: May 1999

posted November 01, 2000 08:01 PM

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You stated the house was dented and the broken door was not the fault of the men. They were on the mans property without his permission with the intent of committing a felony, (from the evidence you gave, crowbar, one man waiting in car, house dented by one of them, which I am sure would be more than 500$ in damage) That is all that I need to charge them, not too mention I could even charge them with attempted burglary or robbery since the homeowner new they were outside and called the police.

At a minimum I would have arrested both, and charged the one with criminal damgage and criminal tresspass, the other with criminal tresspass, now if the car was parked in the street, I would not have arrested him unless he had a warrant out for his arrest or the car was stolen or it wasn't registered or he didn't have proof of ins. etc. The point I am trying to make is you two were lucky.


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