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Old 09-01-2011, 11:37 AM
 
Location: Austin
562 posts, read 902,058 times
Reputation: 185

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Does anyone know what the statute of limitations is for breaking and entering (without burglary) in Oregon.

Is it based on when I discover the evidence of the crime, or when the crime occurred?

If the break in was for the purpose of retrieving their own property, is the crime still breaking and entering?
They did damage the property when they broke in, breaking the seal and closing mechanism of a skylight, and smashing an inside door.

Do I need to file such a charge to have the insurance company cover the damages?

Right now I am only considering the use of this data as leverage to get the perpetrators to pay for the damage.


Also,
Can someone recommend a contractor in Corvallis Oregon, who fixes sky lights.
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Old 09-01-2011, 11:55 AM
 
Location: the Beaver State
6,476 posts, read 6,314,846 times
Reputation: 3297
You should probably contact the police or a lawyer for a better answer then what can be given here as you're asking some grey-area questions that change from one city to another.
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Old 09-01-2011, 10:07 PM
 
1,592 posts, read 1,715,901 times
Reputation: 2065
That's a felony, it stays on your record forever dude, sorry.
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Old 09-01-2011, 10:31 PM
 
Location: On the sunny side of a mountain
2,160 posts, read 3,113,167 times
Reputation: 3303
Contact the police, your insurance company and an attorney. It sounds like you may have a complicated situation regarding someone breaking in to retrieve their own property.
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Old 09-02-2011, 08:17 AM
 
Location: South Tempe, AZ
14,198 posts, read 17,750,597 times
Reputation: 6381
That wasn't the OP's question.
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Old 09-16-2011, 02:10 AM
 
Location: Atlanta GA
20 posts, read 28,136 times
Reputation: 39
Hi Eileenkeeney,
From what you wrote, I was wondering if the person(s) who's are responsible may have been either friends or relatives (or maybe ex-friends at this point). Because I get the impression you don't want to see them get arrested. It may have been their stuff, but they broke into your home to get it. Not the best idea. I actually had a smiliar situation happen to me and I didn't want my (ex)friend to get in any serious trouble. Even though I was a bit upset when it happened. But there was damage to my home. I never pursued the matter as I didn't want things to happen like that. So I just dropped it and let it go. But you're saying damages occurred to you place and you want he/she/them to pay up. It wouldn't cost anything to just reach out to one (or even a few) different attorneys. The initial consultation with them would be free. And you don't have to disclose anyone's name. You're just asking questions and they're just advising. Hope this helps! Best regards
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Old 09-16-2011, 11:37 AM
 
Location: Austin
562 posts, read 902,058 times
Reputation: 185
Quote:
Originally Posted by SevenMile View Post
Hi Eileenkeeney,
From what you wrote, I was wondering if the person(s) who's are responsible may have been either friends or relatives (or maybe ex-friends at this point). Because I get the impression you don't want to see them get arrested. It may have been their stuff, but they broke into your home to get it. Not the best idea. I actually had a smiliar situation happen to me and I didn't want my (ex)friend to get in any serious trouble. Even though I was a bit upset when it happened. But there was damage to my home. I never pursued the matter as I didn't want things to happen like that. So I just dropped it and let it go. But you're saying damages occurred to you place and you want he/she/them to pay up. It wouldn't cost anything to just reach out to one (or even a few) different attorneys. The initial consultation with them would be free. And you don't have to disclose anyone's name. You're just asking questions and they're just advising. Hope this helps! Best regards
They were my niece's friends (now x-friends), and my niece was taking care of (and living in) my house.
Damages did occur.
Basically these people lived in my house (with my niece) for over 7 months, rent free, didn't pay their full share of utilities, and then left me with probably a few thousand dollars worth of damage.

They (my niece and her friends) also placed my personal belongings outside where they ended up molding and rotting, and broke other guidelines I had given them related to pets and a satellite dish.
Is this level of selfishness normal behavior for the generation that is now in their early 20's? (My niece is 22, I am guessing her friends are close to the same age, as they were in the same College classes.)

I really do not want to ruin someone's record for a mistake they made while angry (and possibly justified anger). I am guessing they needed something that was theirs, that was in the house, and upon arriving to retrieve it found they had been locked out.

One of the two friends told me that they broke in via the skylight (or I might not have even thought to inspect it for damage).
At the time her husband (the other of the two friends) was hunting, and she had no contact. She was going to have him contact my sister to arrange for repairs, but this has not happened.
I am wondering if he thinks there is no proof, and decided to not follow through.

So I think I will, after I know the amount of the repairs, give them a chance to pay for them, and if they do not file a police report.

I believe the statute of limitations starts when I discover the crime, not when it occurred, and that has been less than a month so far.

But as per your advice, I should at least contact a lawyer for advice.


I am no longer in Oregon, I had to go back to Texas.
My sister is arranging for repairs, and as of now do not know what the cost will be.

Is breaking and entering a felony even if no theft occurred?
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Old 09-16-2011, 11:41 AM
 
30 posts, read 18,371 times
Reputation: 20
Breaking and entering doesn't exist in Oregon -- it's "burglary" (a felony) or, "criminal trespass", a misdemeanor. From the facts, this sounds more like the latter. However, it's still a crime, even if the perp is seeking to reclaim his own property. If he wanted his property back, he should've done it through legal means.

Not sure about the statute of limitations, but this is not a good place to seek legal advice. If you just want the skylight fixed, etc., you may simply want to go through your local small-claims court if the damage is under $5,000 or so. Attorneys and filing fees for civil court are expensive. Also, while you can file a police report for your insurance, it's the DA's prerogative not to prosecute, and it's the police's prerogative to put this case on the backburner behind more serious crimes. And even if the cops investigate, and the DA prosecutes, there is no guarantee restitution will be required.

The best way to compel payment is through direct negotiations, and/or the civil process.
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Old 09-16-2011, 11:48 AM
 
30 posts, read 18,371 times
Reputation: 20
Quote:
Originally Posted by SevenMile View Post
Hi Eileenkeeney,
From what you wrote, I was wondering if the person(s) who's are responsible may have been either friends or relatives (or maybe ex-friends at this point). Because I get the impression you don't want to see them get arrested. It may have been their stuff, but they broke into your home to get it. Not the best idea. I actually had a smiliar situation happen to me and I didn't want my (ex)friend to get in any serious trouble. Even though I was a bit upset when it happened. But there was damage to my home. I never pursued the matter as I didn't want things to happen like that. So I just dropped it and let it go. But you're saying damages occurred to you place and you want he/she/them to pay up. It wouldn't cost anything to just reach out to one (or even a few) different attorneys. The initial consultation with them would be free. And you don't have to disclose anyone's name. You're just asking questions and they're just advising. Hope this helps! Best regards
Maybe at legal aid. Most other attorneys charge for their initial consultations.
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Old 09-16-2011, 11:58 AM
 
Location: Atlanta GA
20 posts, read 28,136 times
Reputation: 39
Thank you for correcting that. My mistake about them having a free consultation.
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