Trespassing + theft issue

[David P]

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.

Thanks. It does seem like a fairly easy case to prosecute, doesn't it?

 

[Gator6x4]

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.

I have read the postings, every page did so prior to posting the first time. I think if the prosecutor thought the incident was prosecutable he/she would have it scheduled for trial by now.

You feel the case is strong and prosecutable, so sign a warrant and proceed on. I don't think the Prosecutor is going to be open to a suggestion of his "Lawing" the individuals into submission.

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.

Most states have such laws on the books to prevent frivolous and malicious prosecution.

 

[David P]

I have read the postings, every page did so prior to posting the first time. I think if the prosecutor thought the incident was prosecutable he/she would have it scheduled for trial by now.

You feel the case is strong and prosecutable, so sign a warrant and proceed on. I don't think the Prosecutor is going to be open to a suggestion of his "Lawing" the individuals into submission.



Most states have such laws on the books to prevent frivolous and malicious prosecution.

Did you read the post where I mentioned that the suspects had signed a confession?

 

[The Haymaker]

Call me stubborn, but if this has taken 32 (and soon to be more) pages to resolve, I would have eliminated the law from the story by now. Pick the patch closest to their point of entry, spray the berries with something that is sure to put them on the hopper for a while, and don't forget which spot you did it to. Problem solved. Even ignorant people can learn lessons if persuaded hard enough.

 

[NevadaMOGuy]

Small claims court.

 

[lockhaven]

sorry but that reminds me of an old joke, Farmer put a sign up on the fence around his water melon patch, "ONE OF THE MELONS IN THIS PATCH IS POISONED" next day he goes out and sees where some one wrote on his sign "now two of them are::laughing: but I agree 100% time to stop fooling with the law, they are useless.
QUOTE=The Haymaker;2929468]Call me stubborn, but if this has taken 32 (and soon to be more) pages to resolve, I would have eliminated the law from the story by now. Pick the patch closest to their point of entry, spray the berries with something that is sure to put them on the hopper for a while, and don't forget which spot you did it to. Problem solved. Even ignorant people can learn lessons if persuaded hard enough.[/QUOTE]

 

[lockhaven]

sorry but that reminds me of an old joke, Farmer put a sign up on the fence around his water melon patch, "ONE OF THE MELONS IN THIS PATCH IS POISONED" next day he goes out and sees where some one wrote on his sign "now two of them are::laughing: but I agree 100% time to stop fooling with the law, they are useless.
QUOTE=The Haymaker;2929468]Call me stubborn, but if this has taken 32 (and soon to be more) pages to resolve, I would have eliminated the law from the story by now. Pick the patch closest to their point of entry, spray the berries with something that is sure to put them on the hopper for a while, and don't forget which spot you did it to. Problem solved. Even ignorant people can learn lessons if persuaded hard enough.[/QUOTE]

 

[Lava Rancher]

It would be easy to prosecute. It isn't a priority for the DA or whatever the prosecutor is called in the OP's state. I wouldn't prosecute criminally on my own. If the DA won't take it either let it go or follow up in civil court. All of the evidence collected so far is admissible. Personally I'd let it go if the behavior has stopped. The past behavior has now been documented and if it starts up again that can come into play to strenghthen and add weight to future cases.

 

[txdon]

At this point, the thieves have been embarrassed and are probably regretful that they ever went onto your land, evident by confession. I agree with Lava Rancher. Kudos to the LEO who got the confession. Go civil if you still feel unresolved. Way to hang in there, and thanks for the thread follow-ups.

 

[Pixguy]

At this point, the thieves have been embarrassed and are probably regretful that they ever went onto your land, evident by confession. I agree with Lava Rancher. Kudos to the LEO who got the confession. Go civil if you still feel unresolved. Way to hang in there, and thanks for the thread follow-ups.

My thoughts exactly. :thumbsup: