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  #1  
Old 10-05-2017, 04:02 PM
Kpfxgrl Kpfxgrl is offline
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Default Can inmate press robbery charges on someone outside

So I just wondering how my brother(inmate) can press charges against someone on the outside. Not long ago my oldest brother and I drove from MI to SD for a hearing on our brother. While we were there we cleaned out his storage unit and brought back as much as possible.
Upon our arrival to his unit and we got both locks off we noticed it was a little messy but didn’t look ransacked. My brother is an avid bicycle rider(a very expensive bike at that total of about $5,000 in aftermarket parts) and that was his number one priority for us to bring Home his bike and his tools.
While we were there he call us and we asked where his bike was and said it on the left hand wall hanging. Well……it wasn’t!! And then he asked if this and that were there and that was a negative. Come to find out the girl he was staying with had the key to the original lock and a buddy of his put on a second lock about 1 1/2 week’s after he was locked up. So in that time period she came and cleaned out ALOT of his belongings.
I found the bike on eBay contacted the local PD long story short. She was just busted for 3rd degree burglary of a bar/ liquor store.
Wondering if he can also press charges on her also or not? Not sure how to even start the process? Any ideas or advice is appreciated
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  #2  
Old 10-05-2017, 05:01 PM
Kyoto's May Kyoto's May is offline
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Quote:
Originally Posted by Kpfxgrl View Post
So I just wondering how my brother(inmate) can press charges against someone on the outside. Not long ago my oldest brother and I drove from MI to SD for a hearing on our brother. While we were there we cleaned out his storage unit and brought back as much as possible.
Upon our arrival to his unit and we got both locks off we noticed it was a little messy but didn’t look ransacked. My brother is an avid bicycle rider(a very expensive bike at that total of about $5,000 in aftermarket parts) and that was his number one priority for us to bring Home his bike and his tools.
While we were there he call us and we asked where his bike was and said it on the left hand wall hanging. Well……it wasn’t!! And then he asked if this and that were there and that was a negative. Come to find out the girl he was staying with had the key to the original lock and a buddy of his put on a second lock about 1 1/2 week’s after he was locked up. So in that time period she came and cleaned out ALOT of his belongings.
I found the bike on eBay contacted the local PD long story short. She was just busted for 3rd degree burglary of a bar/ liquor store.
Wondering if he can also press charges on her also or not? Not sure how to even start the process? Any ideas or advice is appreciated
Well it depends, what was your brother convicted for? Why is he in jail? After my release I remember I sued a certain corrections officer for being biased and being specifically harsh to me. What security level is your brother in and was the girl sentenced to jail or fine?
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Old 10-05-2017, 05:10 PM
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Quote:
Originally Posted by Kpfxgrl View Post
So I just wondering how my brother(inmate) can press charges against someone on the outside. Not long ago my oldest brother and I drove from MI to SD for a hearing on our brother. While we were there we cleaned out his storage unit and brought back as much as possible.
Upon our arrival to his unit and we got both locks off we noticed it was a little messy but didn’t look ransacked. My brother is an avid bicycle rider(a very expensive bike at that total of about $5,000 in aftermarket parts) and that was his number one priority for us to bring Home his bike and his tools.
While we were there he call us and we asked where his bike was and said it on the left hand wall hanging. Well……it wasn’t!! And then he asked if this and that were there and that was a negative. Come to find out the girl he was staying with had the key to the original lock and a buddy of his put on a second lock about 1 1/2 week’s after he was locked up. So in that time period she came and cleaned out ALOT of his belongings.
I found the bike on eBay contacted the local PD long story short. She was just busted for 3rd degree burglary of a bar/ liquor store.
Wondering if he can also press charges on her also or not? Not sure how to even start the process? Any ideas or advice is appreciated
When you found the bike and contacted the police what did they tell you?
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  #4  
Old 10-05-2017, 05:37 PM
Kpfxgrl Kpfxgrl is offline
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Well it depends, what was your brother convicted for? Why is he in jail? After my release I remember I sued a certain corrections officer for being biased and being specifically harsh to me. What security level is your brother in and was the girl sentenced to jail or fine?


He is in on conspiracy drug charges he hasn’t even been sentenced yet. We are waiting.
Only saw the report on the newspaper not sure where she is at
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Old 10-05-2017, 05:39 PM
Kpfxgrl Kpfxgrl is offline
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When you found the bike and contacted the police what did they tell you?


PD contacted him in jail. Asked him questions I had to email receipts showing ownership. Because the person tried to sell it through a third party the Pd had all the persons info. The bike is in police custody until the case is closed.
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  #6  
Old 10-05-2017, 06:00 PM
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He is in on conspiracy drug charges he hasn’t even been sentenced yet. We are waiting.
Only saw the report on the newspaper not sure where she is at
So if he is unsentenced then yes possibly he can try to press charges. I couldn't because I was already sentenced, so I couldn't sue the corrections officer. It might depend on the country/state though. Your brother might have a chance to press charges against her. I hope this helps! Try to contact a lawyer or the PD they will know.
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  #7  
Old 10-05-2017, 06:47 PM
AndyS AndyS is offline
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Originally Posted by Kpfxgrl View Post
PD contacted him in jail. Asked him questions I had to email receipts showing ownership. Because the person tried to sell it through a third party the Pd had all the persons info. The bike is in police custody until the case is closed.
Wouldn’t it be the police pressing charges then? Why would he have to press charges himself? Forgive me if I sound ignorant but I would think if the police spoke to him and have the receipts showing ownership they could charge her.
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Old 10-05-2017, 06:56 PM
Kpfxgrl Kpfxgrl is offline
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Originally Posted by AndyS View Post
Wouldn’t it be the police pressing charges then? Why would he have to press charges himself? Forgive me if I sound ignorant but I would think if the police spoke to him and have the receipts showing ownership they could charge her.


I don’t know. I’m not a law person but a medical one. Lol. I know she took a lot of his things. I’m sure she sold them for quick cash. I hope the Pd will press charges. Not ignorant at all. I appreciate all comments.
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Old 10-05-2017, 07:01 PM
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Originally Posted by Kpfxgrl View Post
I don’t know. I’m not a law person but a medical one. Lol. I know she took a lot of his things. I’m sure she sold them for quick cash. I hope the Pd will press charges. Not ignorant at all. I appreciate all comments.
Even though he might have the chance to press charges, I can still be difficult since he is in custody. Also if he is sentenced then it's over he won't be able to press charges, like me I sued the officer after I got out of prison. Tip for your brother, he should mention the rights that he has even though he is in custody, that is one way I successfully won the court trial against the officer, it was still very different being someone who recently got released.
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  #10  
Old 10-05-2017, 07:19 PM
Kpfxgrl Kpfxgrl is offline
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Originally Posted by Kyoto's May View Post
Even though he might have the chance to press charges, I can still be difficult since he is in custody. Also if he is sentenced then it's over he won't be able to press charges, like me I sued the officer after I got out of prison. Tip for your brother, he should mention the rights that he has even though he is in custody, that is one way I successfully won the court trial against the officer, it was still very different being someone who recently got released.


Thank you :-)
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Old 10-05-2017, 07:40 PM
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District attorney decides to bring charges, and your husband is Vic. They will advise.
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  #12  
Old 10-05-2017, 07:43 PM
Kpfxgrl Kpfxgrl is offline
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District attorney decides to bring charges, and your husband is Vic. They will advise.


No my husband isn’t Vic
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Old 10-05-2017, 07:58 PM
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No my husband isn’t Vic
Well, he is the victim. It was his property stolen right?
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Old 10-05-2017, 08:00 PM
Kpfxgrl Kpfxgrl is offline
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Well, he is the victim. It was his property stolen right?


Ahhh I’m new to this. It’s my older brother :-)
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Old 10-05-2017, 09:21 PM
CenTexLyn CenTexLyn is offline
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It does not matter whether he has been convicted or not. A crime is a crime and can be reported. Whether a DA picks it up is another matter as is whether the DA can get a conviction. Juries are a little finicky when it comes to credibility assessments...
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Old 10-06-2017, 05:45 PM
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Strictly speaking an individual doesn't "press charges." A crime is reported and the state makes the decision. However, they will often ask the victim if they want to press charges, because crimes are sometimes reported just to get a police report for insurance purposes.

So it's up to the DA, and generally they won't bother to prosecute if the victim doesn't want to bother, but they often won't prosecute even if the victim DOES want to. They will consider the likelihood and difficulty of obtaining a conviction, which could include the availability and credibility of witnesses. If a successful prosecution depends, for example, on the presence of a witness who is incarcerated out of state, they will probably not prosecute. But if it were a serious crime, they probably would.

You don't lose your rights to not be considered a crime victim just because you're incarcerated. But it could be one of many factors prosecutors consider in deciding how to handle a case.
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  #17  
Old 10-06-2017, 05:47 PM
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Quote:
Originally Posted by redtop43 View Post
Strictly speaking an individual doesn't "press charges." A crime is reported and the state makes the decision. However, they will often ask the victim if they want to press charges, because crimes are sometimes reported just to get a police report for insurance purposes.

So it's up to the DA, and generally they won't bother to prosecute if the victim doesn't want to bother, but they often won't prosecute even if the victim DOES want to. They will consider the likelihood and difficulty of obtaining a conviction, which could include the availability and credibility of witnesses. If a successful prosecution depends, for example, on the presence of a witness who is incarcerated out of state, they will probably not prosecute. But if it were a serious crime, they probably would.

You don't lose your rights to not be considered a crime victim just because you're incarcerated. But it could be one of many factors prosecutors consider in deciding how to handle a case.
Yea, it was hard for me to persecute the officer because I was a former inmate.
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  #18  
Old 10-06-2017, 06:45 PM
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You and your brother did the right thing-

1. You noticed the stuff missing.
2. You called the police and answered questions
3. You provided receipts
4. You directed the police to the eBay page

The police were able to take the statement, the evidence, and seize the stolen bike (and hopefully other things - those bicycle tools are expensive). They then turned all of that over to the DA, along with statements of the eBay seller, the seller's history (hopefully if some missing stuff is still missing, they'll show the seller's history to your brother), and any and all other information resulting from their investigation.

The prosecutor will decide whether to press charges. Unlike Japan, it is the State that presses charges, and the status of the victim, guilty or not guilty of his own charges, is irrelevant. The Prosecutor charges the Defendant.

What I suspect, since the retail of the bike is over $5k, and depending on the current charges of his ex, this may be a negotiating chip against her with her current crime, or it may just be another charge that she has to deal with to make her life even worse than it is.

Here's what I'd do as a good brother:
1. I'd monitor her case online.
2. I'd call the police every couple of weeks to see what's happening with the complaint.
3. I'd get a copy of the police reports related to this crime
4. When this case is resolved, I'd work on getting his property back. The rules for your state may make this a bit onerous.
5. And if I was feeling generous with my brother, I'd take the bike in to be serviced. Call the service his birthday gift or something. Then, his bike will be mostly ready for him when he gets out.
6 throw away the lock he was using on that storage shed, and re-key all locked that she had keys to, including doors to houses and cars
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  #19  
Old 10-08-2017, 08:56 PM
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What does her brothers conviction have to do with someone stealing his belongings?

Quote:
Originally Posted by Kyoto's May View Post
Well it depends, what was your brother convicted for? Why is he in jail? After my release I remember I sued a certain corrections officer for being biased and being specifically harsh to me. What security level is your brother in and was the girl sentenced to jail or fine?
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Old 10-08-2017, 08:58 PM
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its her brother, not her husband.


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District attorney decides to bring charges, and your husband is Vic. They will advise.
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Old 10-08-2017, 09:00 PM
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I would have your brother give you power of attorney so you can handle his affairs while he is incarcerated.
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Old 10-08-2017, 09:04 PM
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What does her brothers conviction have to do with someone stealing his belongings?
Nothing. He isn't even convicted, just charged. Its already been established that he is a victim of theft and that the theft of his belongings has nothing to do with his case...let's not go off topic with this thread
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