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Old 12-13-2009, 03:25 PM
 
1 posts, read 3,017 times
Reputation: 10

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I wanted to ask if anyone knows about taking a criminal to court. I was the victim of a smash and grab on my car. The criminal broke two windows of my car and stole about $400 worth of possessions of mine. The police were able to catch him but obviously I was not able to get back my things and I am also out $1000 for my insurance deductible. I'm happy to press charges and have him go to jail but that won't help me recover the money I am out. Does anyone know how I can sue him for the damages? Can I sue him for more than that? Another question I have is if he can't pay because he was probably stealing because he didn't have money can a judgement be held against him for future?

 
Old 12-13-2009, 03:40 PM
 
Location: Phoenix
3,995 posts, read 10,016,519 times
Reputation: 905
Quote:
Originally Posted by asugolfer1 View Post
I wanted to ask if anyone knows about taking a criminal to court. I was the victim of a smash and grab on my car. The criminal broke two windows of my car and stole about $400 worth of possessions of mine. The police were able to catch him but obviously I was not able to get back my things and I am also out $1000 for my insurance deductible. I'm happy to press charges and have him go to jail but that won't help me recover the money I am out. Does anyone know how I can sue him for the damages? Can I sue him for more than that? Another question I have is if he can't pay because he was probably stealing because he didn't have money can a judgement be held against him for future?
Yes, before prosecution of the defendant, you should be given a notice for being a victim of a crime and what you should do, which includes going to his appearances in order to have a judgment for restitution instated against him in your favor.

Here's some info:
Arizona Revised Statutes
Look specifically at Chapter 8, ARS 13-804...

You should also get a hold of the prosecutor in charge of the case; call the court with jurisdiction to get more info...
 
Old 12-13-2009, 04:06 PM
 
Location: East Central Phoenix
8,042 posts, read 12,261,295 times
Reputation: 9835
Quote:
Originally Posted by asugolfer1 View Post
I wanted to ask if anyone knows about taking a criminal to court. I was the victim of a smash and grab on my car. The criminal broke two windows of my car and stole about $400 worth of possessions of mine. The police were able to catch him but obviously I was not able to get back my things and I am also out $1000 for my insurance deductible. I'm happy to press charges and have him go to jail but that won't help me recover the money I am out. Does anyone know how I can sue him for the damages? Can I sue him for more than that? Another question I have is if he can't pay because he was probably stealing because he didn't have money can a judgement be held against him for future?
In a crime such as this, turnabout is fair play. There's a more effective way to handle a thug like this. Instead of pressing charges and having the miscreant spend a minimal amount of time in jail living off your tax dollars, or even getting off scot free, how about doing a "smash & grab" on him? Find out where he lives or hangs out, take a golf club and "smash" him in the sensitive area ... then "grab" his wallet to see if he has the $400 in cash that he likely sold your property for. Chances are, he would be using the "proceeds" for drug money anyway!

I'm not kidding around here. Criminals like this get off too easily, and the victims are left flipping the bill for the recovery costs in most cases. Plus, it takes money to go through the legal process & sue him. The only effective way to deal with these jerks is revenge ... a.k.a. vigilante justice!
 
Old 12-13-2009, 04:22 PM
 
Location: Phoenix
3,995 posts, read 10,016,519 times
Reputation: 905
Quote:
Originally Posted by Valley Native View Post
In a crime such as this, turnabout is fair play. There's a more effective way to handle a thug like this. Instead of pressing charges and having the miscreant spend a minimal amount of time in jail living off your tax dollars, or even getting off scot free, how about doing a "smash & grab" on him? Find out where he lives or hangs out, take a golf club and "smash" him in the sensitive area ... then "grab" his wallet to see if he has the $400 in cash that he likely sold your property for. Chances are, he would be using the "proceeds" for drug money anyway!

I'm not kidding around here. Criminals like this get off too easily, and the victims are left flipping the bill for the recovery costs in most cases. Plus, it takes money to go through the legal process & sue him. The only effective way to deal with these jerks is revenge ... a.k.a. vigilante justice!
Ummm...

I believe the OP, unlike the criminal, likes their (presumed) clean criminal record...just a thought.
 
Old 12-13-2009, 04:37 PM
 
10,494 posts, read 27,238,533 times
Reputation: 6717
Quote:
Originally Posted by Valley Native View Post
In a crime such as this, turnabout is fair play. There's a more effective way to handle a thug like this. Instead of pressing charges and having the miscreant spend a minimal amount of time in jail living off your tax dollars, or even getting off scot free, how about doing a "smash & grab" on him? Find out where he lives or hangs out, take a golf club and "smash" him in the sensitive area ... then "grab" his wallet to see if he has the $400 in cash that he likely sold your property for. Chances are, he would be using the "proceeds" for drug money anyway!

I'm not kidding around here. Criminals like this get off too easily, and the victims are left flipping the bill for the recovery costs in most cases. Plus, it takes money to go through the legal process & sue him. The only effective way to deal with these jerks is revenge ... a.k.a. vigilante justice!
Hey, I agree with you. An eye for an eye so to speak. Still, I personally would not do it myself. I saw this true story movie about a teenage girl who gets raped. The kid was rich, and had a great lawyer who got him off scot free. He contiued to harass the girl and she was afraid to even leave the house. Finally, the father had enough, and he went and shot the kid, killing him. When it went to court, he had to do 5 years in prison. Personally, I do not blame the father for doing it. However, it is quite apparent that our legal system favors the perpetrators, and frowns on vigilante justice.
 
Old 12-13-2009, 04:53 PM
 
Location: Southern Arizona
9,601 posts, read 31,695,251 times
Reputation: 11741
Bottom line . . . is revenge for a few hundred dollar theft worth the fines and legal fees plus the lifelong criminal record?
 
Old 12-13-2009, 05:30 PM
 
Location: Anchored in Phoenix
1,942 posts, read 4,569,502 times
Reputation: 1784
I don't recommend doing the same thing back to the thug. Something could go wrong and the original victim could end up being sued. That's today's society.

I was burglarized in a former apartment of mine in the Phoenix metro area a few years ago. the burglar had a storage unit full of stolen items from not just my place, but other peoples'. It appears he served four years, not the maximum of seven. I was insured, plus the court sent me regular small checks from the thug while he was on some work deal in Maricopa County jail. I never got my entire amount back, but the thug at least did time. I'm happy about that part. The world is full of stupid people who think they can get away with it.
 
Old 12-14-2009, 04:36 AM
 
Location: Metro Phoenix, AZ USA
17,914 posts, read 43,408,068 times
Reputation: 10726
Getting restitution of whatever amount through the criminal court system is the way to go. Turnabout is not, in fact, fair play in such cases.... you'd end up being neighbors in the jail. Getting a civil judgment against someone like this?? How would you ever collect it?
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