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To: justlurking
I would have filed burglary, trespass, and vandalism charges against the contractors that stole everything.

Doesn't the DA have to charge people for crimes like this. As a citizen I don't think there is anyway you can "file" against someone for burglary. The DA has to take up your cause.

It's not clear that a mistake is really the same thing as a burglery. The contractor was doing a job in good faith. I think intention matters in law.

31 posted on 09/07/2012 8:13:41 AM PDT by Jack Black ( Whatever is left of American patriotism is now identical with counter-revolution.)
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To: Jack Black

You absolutely can make a Citizens Arrest, furthermore the Police are Required to act upon it and either Arrest or issue Citation subsequent to a Citizens Arrest, then the DA will have the case and decide to file or not. The Mere fact that The entire Bunch of THIEVES, including the Banker’s that ordered this CRIME are not in Prison as we speak as well as having their Assets Seized should demonstrate to EVERYONE that The DA is as CORRUPT as the Day is Long, I will also include EVERY Police Officer in the CITY with this for not Arresting EVERYONE INVOLVED. Why anyone puts faith in these Thugs is beyond me. There is a pretty abundant amount of clear and convincing evidence to warrant wholesale arrests and prosecutions in this case, ignorance of the law is neither a defense nor an excuse in the State of California.


33 posted on 09/07/2012 8:22:38 AM PDT by eyeamok
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To: Jack Black
Doesn't the DA have to charge people for crimes like this. As a citizen I don't think there is anyway you can "file" against someone for burglary. The DA has to take up your cause.

Yes, that's correct. I meant a "complaint". It would be up to the DA to file the charges.

It's not clear that a mistake is really the same thing as a burglery. The contractor was doing a job in good faith. I think intention matters in law.

The bank is claiming it was a mistake. Would you take their word for it, at this point?

As I noted to another poster, it would be up to the contractor (and bank) to prove it wasn't intentional. But, I would have made my point.

Then, we would start talking about negligence, and whether it was criminal or gross negligence.

By the time we started talking about damages, their culpability would be well-established.

34 posted on 09/07/2012 8:24:42 AM PDT by justlurking (The only remedy for a bad guy with a gun is a good WOMAN (Sgt. Kimberly Munley) with a gun)
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To: Jack Black
It's not clear that a mistake is really the same thing as a burglery. The contractor was doing a job in good faith. I think intention matters in law.

Do this to the DA's vacation home, and you'll find out the difference between Peasant Law and Elites Law in a large hurry...

52 posted on 09/07/2012 10:46:40 AM PDT by kiryandil (turning Americans into felons, one obnoxious drunk at a time (Zero Tolerance!!!))
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