Trespassing + theft issue

[Gator6x4]

A couple of questions:

1.What is preventing you from going to your local court house and filing small claims paper work and pursuing this as a Civil Matter?

2. What is preventing you from taking your information and going to the Court House, locating the Magistrates Office or Warrant Office and swearing out a warrant for larceny? Why do you feel the State Police should be the one to obtain a warrant? According to what has been stated the theft if it occurred would be a misdemeanor in your state of residence. I personally do not know of a State that will not allow an individual to appear before an arrest document issuing official being placed under oath, giving evidence and obtaining an arrest warrant for someone. It sounds like the DA does not think the evidence and the photo's are sufficient enough to provide identification of the two people who were photographed and convict them of larceny in a Court of Law. a.)because someone crawled under a fence does not make them a thief. b.)Who will place their left hand on a bible, raise their right hand and swear x pounds of berries were taken which are valued at y dollars? c.) Who will testify that the item in the photographs are not leaves from the bushes?

3. Have you given any thought to the civil actions that could be taken, if posters accusing someone of a crime are made and distributed when criminal charges have not been filed and the individuals have not been arrested, tried and convicted by a Jury of their peers in a Court of Law?

 

[Lava Rancher]

Update:

GRRRRRR.

I contacted the investigating Trooper the same night he left me the voicemail requesting that he call me back. I called him back approximately two weeks later again requesting a return call. I called him again earlier this week, no response to date. This morning I called the Prosecutor's office and found that charges were denied as of 6/28. I requested to speak with the person who made the decision; on vacation until Tuesday. I asked the gal on the phone if the records showed that the suspects CONFESSED to the CRIME. While she hinted around at things and stated that there may be more in the actual file (which she was not currently viewing) she stated that there was nothing she could see and indicated that the Trooper needed to file a supplement should that be the case.

I proceeded to call the Sgt. who recently got things moving along and let him know that I was having difficulties obtaining a return call from the Trooper via a voicemail message. I also wrote a letter to the person (dept head) who made the decision and included most of the evidence I had supplied to the police department as I doubt he even has any of this information either.

At this point I'm thinking I need to turn in a time sheet.

Welcome to the dirty secret of law enforcement. Most cases are declined by prosecutors. Even felonies. If you were to read criminal histories of chronic felons you would see that the vast majority of their arrests are dismised in "the interest of justice." The good news is that these are elected officials and most of them want to keep their jobs. Make an appointment to speak with the elected official and let him know in advance that you want to talk about your case. These days budgets are tight but DA's have been declining perfectly good cases for yours because they either aren't interested or aren't familiar with the statute at hand. Some times civil court is easier than getting a criminal case filed and you only need a majority in civil court. Of course it isn't free.

 

[David P]

Another update:

I received a call tonight from the Trooper assigned to the case along with a senior Trooper who actually spoke to the chief of the warrants division in the prosecutor's office. First, the Trooper who interviewed the suspects stated that he received a typed confession (admission to taking berries, not trespassing; they stated they didn't see the sign) from the suspects that was forwarded to the Warrant's division, along with the pictures and other assorted evidence and the charges were denied. He stated that this is a civil matter.

On one hand I'm glad that a confession was obtained by the MSP as I'm sure the suspects were not very comfortable during the interview. However, due to the initial attitude of the female suspect and the lack of response to my initial contact with them, I am disappointed that they were not prosecuted for something minor.

 

[David P]

Welcome to the dirty secret of law enforcement. Most cases are declined by prosecutors. Even felonies. If you were to read criminal histories of chronic felons you would see that the vast majority of their arrests are dismised in "the interest of justice." The good news is that these are elected officials and most of them want to keep their jobs. Make an appointment to speak with the elected official and let him know in advance that you want to talk about your case. These days budgets are tight but DA's have been declining perfectly good cases for yours because they either aren't interested or aren't familiar with the statute at hand. Some times civil court is easier than getting a criminal case filed and you only need a majority in civil court. Of course it isn't free.

I've asked the gentleman from the Prosecutor's office to call me after his vacation. We'll see where that conversation leads but at this point I am not very inclined to take this to civil court. I've spent enough hours on this already and they were at least confronted by Police officials and confessed. It's tough to take, though, as one wonders exactly how much needs to be stolen and ADMITTED TO in order to have action taken against them.

 

[David P]

A couple of questions:

1.What is preventing you from going to your local court house and filing small claims paper work and pursuing this as a Civil Matter?
Nothing. I could go the civil route but there is clearly enough evidence to justify a misdemeanor and believe this is a portion of how my tax dollars should be working for me.

2. What is preventing you from taking your information and going to the Court House, locating the Magistrates Office or Warrant Office and swearing out a warrant for larceny? Why do you feel the State Police should be the one to obtain a warrant? According to what has been stated the theft if it occurred would be a misdemeanor in your state of residence. I personally do not know of a State that will not allow an individual to appear before an arrest document issuing official being placed under oath, giving evidence and obtaining an arrest warrant for someone. It sounds like the DA does not think the evidence and the photo's are sufficient enough to provide identification of the two people who were photographed and convict them of larceny in a Court of Law. a.)because someone crawled under a fence does not make them a thief. b.)Who will place their left hand on a bible, raise their right hand and swear x pounds of berries were taken which are valued at y dollars? c.) Who will testify that the item in the photographs are not leaves from the bushes?

2) Give me a break. I'm not going to waste much time here but please feel free to read the statutes yourself. MCL 750.550 and MCL 750.552

3. Have you given any thought to the civil actions that could be taken, if posters accusing someone of a crime are made and distributed when criminal charges have not been filed and the individuals have not been arrested, tried and convicted by a Jury of their peers in a Court of Law?

What posters have been made & distributed?

 

[Gator6x4]

"Give me a break. I'm not going to waste much time here but please feel free to read the statutes yourself. MCL 750.550 and MCL 750.552"
____________________________________________________________________

Okay I have read MCL750.550 and MCL 750.552. Now back to the question; what is preventing you from going to the office of the arrest document issuing official and swearing under oath that you own the property in question, the property is posted with "No Tresspassing" signs of the type approved by the state and said property is listed in the Court House as having "No Tresspassing Signs" posted in accordance with state law and on a certain month, day and time you witnessed this tresspass, and can identify the people in a Court of Law as being the people who tresspassed.

Your game camera may be a good camera, but I have never seen photo's taken by a game camera that where of sufficient resolution to enable someone to look at the photo's taken by a game camera and make a positive identification. Banks are equipped with high resolution cameras and making a positive identification from photos taken with them is almost impossible.

When the gentleman from the Prosecutor's office calls just tell him you want to sign an arrest warrant, period. Go to the arrest document issuing office, be placed under oath and establish probable cause before the individual a crime was committed. The warrant if issued will then be served and you can present your evidence in a Court of Law.




750.550 Trespass on vineyards, orchards or gardens.

Sec. 550.

Trespass upon vineyards, orchards or gardens—Any person who shall enter a vineyard, orchard or garden, without the consent of the owner, and pick, take, carry away, destroy or injure any of the fruits, vegetables or crops therein, or in anywise injure or destroy any bush, tree, vine or plant, shall be guilty of a misdemeanor.
THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931


750.552 Trespass upon lands or premises of another; violation; penalty.

Sec. 552.

(1) A person shall not do any of the following:

(a) Enter the lands or premises of another without lawful authority after having been forbidden so to do by the owner or occupant or the agent of the owner or occupant.
(b) Remain without lawful authority on the land or premises of another after being notified to depart by the owner or occupant or the agent of the owner or occupant.
(c) Enter or remain without lawful authority on fenced or posted farm property of another person without the consent of the owner or his or her lessee or agent. A request to leave the premises is not a necessary element for a violation of this subdivision. This subdivision does not apply to a person who is in the process of attempting, by the most direct route, to contact the owner or his or her lessee or agent to request consent.
(2) A person who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 30 days or by a fine of not more than $250.00, or both.

 

[David P]

I realize this thread is quite lengthy but there is information within that will likely address your concerns, including pictures of the actual suspects in the commission of the crime. In MI, as I understand the law, I would be liable for, at minimum, the attorney fees involved in prosecuting the case should I swear out the warrant myself. I pay taxes on my property and believe that a portion of my tax dollars should be funding community justice. I am already overassessed by nearly $100,000 and don't feel like contributing much more.

D. Filing of Complaint by Private Citizen
A private citizen may file a complaint for a felony or a misdemeanor charge when a
prosecutor has not authorized the complaint and when security for costs is filed with the
magistrate. (MCL 764.1[1], [2], MCR 6.101[C]) The amount of security should accurately
reflect the likely expenses of the prosecution, rather than a minimal amount that merely
placates the statutory requirement.

 

[Gator6x4]

I realize this thread is quite lengthy but there is information within that will likely address your concerns, including pictures of the actual suspects in the commission of the crime. In MI, as I understand the law, I would be liable for, at minimum, the attorney fees involved in prosecuting the case should I swear out the warrant myself. I pay taxes on my property and believe that a portion of my tax dollars should be funding community justice. I am already overassessed by nearly $100,000 and don't feel like contributing much more.


D. Filing of Complaint by Private Citizen

A private citizen may file a complaint for a felony or a misdemeanor charge when a
prosecutor has not authorized the complaint and when security for costs is filed with the
magistrate. (MCL 764.1[1], [2], MCR 6.101[C]) The amount of security should accurately
reflect the likely expenses of the prosecution, rather than a minimal amount that merely
placates the statutory requirement.

We all pay taxes. Everyone wants less governmental involvement not more. As to the photographs they show what appears to be a male and female. Are they of sufficient quality that anyone could look at them and identify the two individuals? Who took the photographs? What day did he/she take the photographs? Will/can the person who took the photographs present them in court and testify under oath the photograph being entered as evidence are indeed true and authentic representations and the court can use them to identify a person beyond a reasonable doubt and that the individuals are committing a crime?

I am not saying the individuals did not tresspass and steal your berries. I am saying knowing something, suspecting something and proving it in a court of law are all seperated by constitutional rights that automatically attach to a defendant in a criminal prosecution.

A tresspass on an individuals property and the larceny of items from the property are not a community problem but the problem of the property owner where the tresspass and larceny occurred.

 

[Travelover]

David P., I think you are in the right expecting the local prosecutor to step up and prosecute this, especially given all the leg work you have done.

 

[David P]

We all pay taxes. Everyone wants less governmental involvement not more. As to the photographs they show what appears to be a male and female. Are they of sufficient quality that anyone could look at them and identify the two individuals? Who took the photographs? What day did he/she take the photographs? Will/can the person who took the photographs present them in court and testify under oath the photograph being entered as evidence are indeed true and authentic representations and the court can use them to identify a person beyond a reasonable doubt and that the individuals are committing a crime?

I am not saying the individuals did not tresspass and steal your berries. I am saying knowing something, suspecting something and proving it in a court of law are all seperated by constitutional rights that automatically attach to a defendant in a criminal prosecution.

A tresspass on an individuals property and the larceny of items from the property are not a community problem but the problem of the property owner where the tresspass and larceny occurred.

I've devoted enough energy to this issue. If you read the thread you may actually get your questions answered. When those living within a community break the law and get away with it, it most certainly is a community issue. This problem is a character issue and since these individuals have contact with other citizens and businesses in the community their character follows them around, affecting all those they come into contact with. One last time; read the thread.