Legal Question in Criminal Law in California

Re: Robbery

It sounds very unusual because normally law enforcement desires to get the bad guy. I would take your information to the person in charge in that local department. If you get nowhere you could go to internal affairs to report misconduct in the department. You could also sue the burglars in civil court as an alternative means to seek redress for your injury, However there is a limit in small claims court and over that you would need to seek a competent attorney to represent you. You may visit my website at www.wallinlaw.com. Thank you for your question. David Wallin

Re: Robbery

It does sound like the police are mishandling your case, but that doesn't mean you have a case against them. A poor investigation is not what caused the robbery, and the courts are unlikely to order the police department to do a better job.

Call your local District Attorney's office and explain the situation. They might lean on the police and/or investigate the case themselves.

Good luck.

Re: Robbery

That's incredible. Unless you used kidnap or physical duress to get the statements from them, you did nothing illegal in investigating the crime. I would try two things: one: take this astounding story to the newspapers and TV stations and Two: Take it directly to the District Attorney's Office. Make up a package with statements, narrative, copies of video or audio and a letter describing the history and address it to "Charging Deputy" District Attorney of ________ County. They might kick the police in the butt and get them moving.

Another possibility here is that one of the thieves is the child of a cop. Make more sense now? If that is the case, then provide that information to the District Attorney as well.

Good luck

Re: Robbery

I'll take everything you say at face value, and still must tell you there is probably no legal basis for you to sue the PD. They are under no legal obligation to protect you or take any particular action on your case. They have 'governmental immunity' from such suit as you propose. That also applies to the police responding, or not, to 911 calls. The 'joke' among self defense proponents is that "When seconds count, help is only minutes away" through 911.

Write to the police chief, DA, AG, and local newspapers with your facts, and request help and intervention. But don't hold your breath while waiting.

You can privately sue the perps / defendants if you have reasonable evidence against them. It they actually have any assets to make that worthwhile, then consult with a local attorney.