Took my stuff, left an address
January 16, 2010 9:55 AM Subscribe
Question about check fraud and police reports.
My apartment was robbed shortly after Christmas while I was on vacation. They took some jewelry, my roommate's computer, and apparently my checkbook. Since then, someone has been writing fraudulent checks from my account --- one of which is a rent check, with an address. I've talked to my bank and put a stop on the account, and my roommates have already filed a police report (not listing the checkbook, since I just found out about that today).
The question is whether it's possible (a good idea) to consider contacting this person independently and...I guess asking if they'll give the stuff back? Offering not to press charges on the condition that everything is returned. There are lots of reasons why this might not be a good idea -- I'm specifically concerned with legal liability, and whether, assuming they don't offer to reimburse and return, it prohibits us from then contacting the police and going down that avenue (we've already sort of done that, but without any real hope of retrieving what was stolen).
So, mostly as a hypothetical -- good idea? Bad idea? I'm specifically interested in the legal angle, and whether this would make us a menace, or be considered threatening behavior, or anything like that. Has anyone been in a similar situation? And what else should I be doing, to protect myself from stuff that might have been stolen?
My apartment was robbed shortly after Christmas while I was on vacation. They took some jewelry, my roommate's computer, and apparently my checkbook. Since then, someone has been writing fraudulent checks from my account --- one of which is a rent check, with an address. I've talked to my bank and put a stop on the account, and my roommates have already filed a police report (not listing the checkbook, since I just found out about that today).
The question is whether it's possible (a good idea) to consider contacting this person independently and...I guess asking if they'll give the stuff back? Offering not to press charges on the condition that everything is returned. There are lots of reasons why this might not be a good idea -- I'm specifically concerned with legal liability, and whether, assuming they don't offer to reimburse and return, it prohibits us from then contacting the police and going down that avenue (we've already sort of done that, but without any real hope of retrieving what was stolen).
So, mostly as a hypothetical -- good idea? Bad idea? I'm specifically interested in the legal angle, and whether this would make us a menace, or be considered threatening behavior, or anything like that. Has anyone been in a similar situation? And what else should I be doing, to protect myself from stuff that might have been stolen?
Tell the police the address on the check and ask them to investigate? Or is too hopeful to think that they might actually want to solve the case?
posted by limeonaire at 10:08 AM on January 16, 2010
posted by limeonaire at 10:08 AM on January 16, 2010
you don't know for certain that the person who lives where the rent check was written for is the person that took the check book. In fact, I would bet it isn't. This is not to say that they wouldn't know who it is, but confronting him/her could get sticky..and, perhaps dangerous.
Is there a reason you haven't given the address to the police??? And, if you have, and they haven't responded, is there a reason that you haven't tried to take it a step higher in the system?
posted by HuronBob at 10:42 AM on January 16, 2010
Is there a reason you haven't given the address to the police??? And, if you have, and they haven't responded, is there a reason that you haven't tried to take it a step higher in the system?
posted by HuronBob at 10:42 AM on January 16, 2010
Someone who would break into your apartment is not someone with whom you want to engage. Give the police the information. If they won't do anything about it and you really want something done hire a private investigator to do it. Don't put yourself in contact with this person.
posted by Babblesort at 11:13 AM on January 16, 2010 [1 favorite]
posted by Babblesort at 11:13 AM on January 16, 2010 [1 favorite]
Offering not to press charges on the condition that everything is returned.
It may not be your decision whether they get charged or not.
I have no idea why you aren't giving the police all of the evidence you have. Do you want your stuff back? The person whose address is on the rent check knows who has it, or knows who knows who has it.
Your idea strikes me as unnecessarily dramatic. I suggest watching fewer Ben Affleck movies.
posted by rhizome at 11:18 AM on January 16, 2010
It may not be your decision whether they get charged or not.
I have no idea why you aren't giving the police all of the evidence you have. Do you want your stuff back? The person whose address is on the rent check knows who has it, or knows who knows who has it.
Your idea strikes me as unnecessarily dramatic. I suggest watching fewer Ben Affleck movies.
posted by rhizome at 11:18 AM on January 16, 2010
This person broke into your home, thieved your items and is in the process of trashing your credit. Let's make the mental leap that this individual is not an honorable and trustworthy negotiator.
The person probably picked your place because you weren't home. If he had made a mistake and you had been there, what do you think would have happened? Maybe he'd have been chagrined and said "whoops, my bad". Or maybe he's have been violent. (I'm using he, but it could have been a she.)
This is the type of information that you call and give the police. Do that immediately.
posted by 26.2 at 11:27 AM on January 16, 2010 [1 favorite]
The person probably picked your place because you weren't home. If he had made a mistake and you had been there, what do you think would have happened? Maybe he'd have been chagrined and said "whoops, my bad". Or maybe he's have been violent. (I'm using he, but it could have been a she.)
This is the type of information that you call and give the police. Do that immediately.
posted by 26.2 at 11:27 AM on January 16, 2010 [1 favorite]
Holy shit, that's a bad idea. Go to the police with your information. They may not do anything about it (property crimes against individuals usually stack up pretty low on the law enforcement priorities list), but that is the ONLY reasonable avenue you have available to you.
posted by deadmessenger at 11:31 AM on January 16, 2010
posted by deadmessenger at 11:31 AM on January 16, 2010
Your state or commonwealth can prosecute the crimes even if you don't want them to.
posted by lockestockbarrel at 12:15 PM on January 16, 2010
posted by lockestockbarrel at 12:15 PM on January 16, 2010
Burglary could, for the burglar, represent a probation/parole violation or even a 3rd strike felony. Even assuming that the check writer and the burglar are the same, it's probably an extraordinarily bad idea to warn this criminal that you can provde his address to the police. Were it your suburban neighbor's 13-year old, your idea might be a good one. With an unknown felon, not so much. The cops can make better use of the info than you can, unless you're extreme enough yourself to "discuss" matters in a way that most AskMe users would not be ready to.
posted by tyllwin at 12:23 PM on January 16, 2010
posted by tyllwin at 12:23 PM on January 16, 2010
If you have to ask on mefi whether it's a good idea to track them down on your own - the answer is a definite no.
While there certainly exists a class of people who *would* track down people on their own, and deal with the situation in a probably ugly way, that person is likely not you.
posted by TravellingDen at 1:06 PM on January 16, 2010 [1 favorite]
While there certainly exists a class of people who *would* track down people on their own, and deal with the situation in a probably ugly way, that person is likely not you.
posted by TravellingDen at 1:06 PM on January 16, 2010 [1 favorite]
I am a criminal defense lawyer.
There is no such thing as "pressing charges" and "not pressing charges". I don't know how this concept has entered mainstream culture, it annoys the crap out of all of us criminal lawyers every day when someone brings it up.
A criminal case appears in court as "State vs. Falconred" (or "Commonwealth vs. Falconred", "City vs. Falconred", "Sheriff vs. Falconred", etc.., you get the idea). It does NOT appear as "Puckish vs. Falconred". The victim of a crime has no standing in a criminal court case unless special privileges have been granted by statute. It is not your choice what charges are or are not filed. Prosecutors are supposed to (but often don't) act as an independent check on the victim, because the victim will often rightfully feel angry and vindictive, and generally the victim would be a bad person to have the ability to add/dismiss criminal charges.
/rant sorry
posted by falconred at 5:55 PM on January 16, 2010 [1 favorite]
There is no such thing as "pressing charges" and "not pressing charges". I don't know how this concept has entered mainstream culture, it annoys the crap out of all of us criminal lawyers every day when someone brings it up.
A criminal case appears in court as "State vs. Falconred" (or "Commonwealth vs. Falconred", "City vs. Falconred", "Sheriff vs. Falconred", etc.., you get the idea). It does NOT appear as "Puckish vs. Falconred". The victim of a crime has no standing in a criminal court case unless special privileges have been granted by statute. It is not your choice what charges are or are not filed. Prosecutors are supposed to (but often don't) act as an independent check on the victim, because the victim will often rightfully feel angry and vindictive, and generally the victim would be a bad person to have the ability to add/dismiss criminal charges.
/rant sorry
posted by falconred at 5:55 PM on January 16, 2010 [1 favorite]
Well said, Falconred. I think part of the problem is that police (at least where I practice, in Oregon) often will ask crime victims whether they want to "press charges." I don't know why they ask this question, as they can clearly file a PC statement with the DA and then the DA decides from there what to do. My theory is that for low level crap - harassment, small thefts between family members, etc, the cops ask the question in the hope that if the victim says no, then they can just settle the issue civilly and not have to write any reports.
Anyway, back on topic: I don't know where you live, Puckish. In Oregon, victims of crimes have the option of civilly compromising crimes with defendants*, with a few notable exceptions (must be misdemeanors only, or felonies chargable as misdemeanors, and can't involve domestic violence between family members.) But this is done AFTER charges are filed. The obvious advantage would be that you wouldn't agree to the compromise until the guy (or gal) gave you all the money back that they had ripped off from you. Whereas if the case goes to trial or pleads out, while the defendant will have to pay you the money back, there's a difference between the court ordering the defendant to pay the money and the defendant actually *paying* the money.
Finally, to answer your direct question: As others have said, please, please don't go out and do this on your own. Call the police, that's what they're there for. You'll have options once charges are brought (if they are brought), but the sort of person who burglarizes someone's house is a junkie at best and a career criminal at worst. They won't cut a deal with you until the threat of jail is right above their heads, and even then, don't count on it.
* Even this whole civil compromise deal is more complicated than I made it sound. The prosecutor can object, and the judge doesn't have to grant it if they don't want to, and you can't civilly compromise something that doesn't have a civil remedy, etc etc etc. OK enough random legal stuff on a Saturday. I'm not your lawyer and don't do anything stupid.
posted by Happydaz at 7:44 PM on January 16, 2010
Anyway, back on topic: I don't know where you live, Puckish. In Oregon, victims of crimes have the option of civilly compromising crimes with defendants*, with a few notable exceptions (must be misdemeanors only, or felonies chargable as misdemeanors, and can't involve domestic violence between family members.) But this is done AFTER charges are filed. The obvious advantage would be that you wouldn't agree to the compromise until the guy (or gal) gave you all the money back that they had ripped off from you. Whereas if the case goes to trial or pleads out, while the defendant will have to pay you the money back, there's a difference between the court ordering the defendant to pay the money and the defendant actually *paying* the money.
Finally, to answer your direct question: As others have said, please, please don't go out and do this on your own. Call the police, that's what they're there for. You'll have options once charges are brought (if they are brought), but the sort of person who burglarizes someone's house is a junkie at best and a career criminal at worst. They won't cut a deal with you until the threat of jail is right above their heads, and even then, don't count on it.
* Even this whole civil compromise deal is more complicated than I made it sound. The prosecutor can object, and the judge doesn't have to grant it if they don't want to, and you can't civilly compromise something that doesn't have a civil remedy, etc etc etc. OK enough random legal stuff on a Saturday. I'm not your lawyer and don't do anything stupid.
posted by Happydaz at 7:44 PM on January 16, 2010
Is there some reason you think you won't get your stuff back if the police are involved, but you might if you go an talk to them? That makes zero sense to me.
But all that is largely irrelevant since they have sold your stuff by now. They did not steal your jewelry because it matched their clothes or your roommate's computer so they could surf the web. You are not going to get your stuff back. Turn over the info to the police.
posted by dzot at 8:40 AM on January 17, 2010
But all that is largely irrelevant since they have sold your stuff by now. They did not steal your jewelry because it matched their clothes or your roommate's computer so they could surf the web. You are not going to get your stuff back. Turn over the info to the police.
posted by dzot at 8:40 AM on January 17, 2010
This person is a thief, and inherently dishonest, as well as not all that bright. Do not try to resolve this on your own; it could be dangerous. Many people who steal are also drug abusers, may have nasty friends, even if they themselves are not violent. Put pressure on the police to deal with it.
posted by theora55 at 12:40 PM on January 17, 2010
posted by theora55 at 12:40 PM on January 17, 2010
This thread is closed to new comments.
This can be illegal in some jurisdictions.
posted by grouse at 10:04 AM on January 16, 2010