Legal Question in Criminal Law in California

I had a guest in my apt for approx. 9 days. He was asked to leave due to threatening me, I loaned him my car to do an errand. He came home and found the door locked and we spoke via cell. I told him I was only several miles away, on the way at the time but instead he Kicked in door and caused damage(We had spoken on the phone and I was on the way to let him in to retrieve belongings) He had my car to do errand & on the way home I passed him leaving my home in my car. Reported it stolen because I had stated he no longer had permission to drive my car when previously on phone with him. Police became involved. they Refused to make a vandalism/or breaking/entering charge or attempted car theft report. He walked away scott-free. He has a long history of talking his way out of situations. What is my recourse to get reports made? The local Redding police REFUSED to make any criminal report, etc...


Asked on 2/13/10, 6:24 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

You can contact the district attorney's office and ask them to prosecute your former guest. Decisions about whether to prosecute are made by the D.A. and not the police. The officers' reluctance to write a report does not prevent the D.A. from bringing charges, though it may make her reluctant to do so.

You can also sue him civilly. Kicking down your door sounds like a small claims case, but if he kept or damaged your car (your question is not clear on this point) you may want to get a lawyer and take him to superior court.

Good luck.

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Answered on 2/18/10, 6:43 pm


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