General Question

Yellowdog's avatar

So, is a lawsuit all a private citizen can do against a criminal?

Asked by Yellowdog (12216points) January 29th, 2017

If I go to a big box retailer and steal merchandise, or vandalize equipment, and get caught— I am detained by security, arrested for a named crime, sent to jail, appear before a judge, have to make reparations or pay for damages, and possibly serve jail time for the named crime.

But if someone steals from me or vandalizes my property, all I can do is file a suit in civil court, and even if ordered, payment for the damages done is pretty much voluntary on the part of the instigator?

Why no arrest or police record? Why no punitive action for the crime itself? Why no jail time? Why does the offender often simply evade going to court ? Why no enforcement of the repayment the judge orders from the defendant?

I am the plaintiff in a lawsuit in which I doubt any real payment for damages will be forthcoming. Why can’t the defendant be charged with a crime, if judgement is levied against them?

Observing members: 0 Composing members: 0

11 Answers

jca's avatar

Why would the person not get arrested?

Sometimes if they are arrested, the get out and there’s no further action taken. It all depends on each case, how much evidence, what kind of evidence, etc. Each case is different.

Cruiser's avatar

Intent is everything when pursuing criminal charges against someone. There has to be clear and ample evidence that this person had malicious intent to deprive you of your personal property. Have you discussed your situation with the local police and or your lawyer?

Darth_Algar's avatar

You can go to the police and file criminal charges against the person.

jca's avatar

Perhaps the person had your personal property but was not doing something criminal? For example they were storing the items for you?

jca's avatar

As for why the person is not being charged with a crime, you should ask the cops. They’ll explain to you the circumstances and that they don’t warrant a criminal charge. Please update us and let us know.

Coloma's avatar

If this is in relation to your question the other day about the person holding your girlfriends belongings hostage after your girlfriend lived with this person for awhile…well….I get the feeling there is more to the story than is being revealed here and while this person is in the wrong it is not exactly stealing. She is refusing to hand over the possessions but did not, actually, steal anything. Who knows what the deal really is, maybe she feels your girlfriend owes her money or is just being a twit, regardless, she is in the wrong but refusing to allow someone into the house to retrieve their belongings is not, technically “stealing.”

The law will mete out whatever consequences there might be based on the facts they can deduce from a situation that is a he said/‘she said thing.
Whether that is a fine, or a misdemeanor or no charges at all. You have to realize that just because YOU think somebody should be jailed doesn’t mean the law does.
I don’t think, in a case like this, that actual jail time is warranted. If you get the stuff back i think you should just let it go and see it as a learning experience. Don’t move in with people you don;t know well and have agreements in writing.

Yellowdog's avatar

Thanks to everyone, especially Coloma— safe return of the items is all that is wanted, but the individual boasts that my GF has no rights to the items anymore because they are in “her” (rented) house and she (my GF) is not on the lease,—and boasts in writing of selling or destruction of them.

She says also that all she has to do is not go to court (she was issued a subpoena).

Coloma's avatar

@Yellowdog It really sucks, for sure, welcome to encounters with crazy vindictive types. fear not though, this chick WILL get hers eventually, even if she sidesteps any real consequences in this situation. Remember, it’s not “personal” meaning that people that are assholes are equal asshole opportunists, she’d do the same thing to someone else, your girlfriend just happened to be the one that she ensnared in her web of insanity this time.

One day she’ll fuck up and she won’t come out of it smelling like a rose. The jig is always up for these types sooner or later. Just stick to the facts, remain calm, don’t take her bait and trust that karma is a bitch. These above it all types always fall, and when they do they fall hard. lol

Seek's avatar

If she ignores a subpoena, a bench warrant will be issued against her. So… yeah, she does need to go.

Cruiser's avatar

Keep texting her about specific items. Texts are admissible in court.

jca's avatar

@Yellowdog: She says she’s not going to court but they can’t do anything to her based upon that she says she’s not going. If she doesn’t show up, that will be another story. You have to wait until after the court date.

Answer this question

Login

or

Join

to answer.

This question is in the General Section. Responses must be helpful and on-topic.

Your answer will be saved while you login or join.

Have a question? Ask Fluther!

What do you know more about?
or
Knowledge Networking @ Fluther