Legal Question in Criminal Law in Georgia
theft
upon me moving from apt on 10-05-2006, i asked a neighbor to ride in rented uhaul truck with me to self storage bin. During the stress and being jtired i left my id @ home so ny neighbor used thir id to get storage but i also signed contract as having access to bin. I was given the access codeand i put my lock on the bin ad still have keys. The items were my things none of neighbor's. There contained my and my husband's personal documents with social security nubers, birthdates and other personal information. I had my household goods,personal items and clothing in there as well. I kalso was the person responsible for the payment jf the bin. My brother made a payment for me on 11-01-2006.
on 11-16-2006 i was leaving Augusta Ga via bus to move back to NY. I went to the bin to put some things in and my access code wouldnt allow me to get through the gate. I called when got to NY and was told that my neighbor went to the bin had owners cut lock and removed everything that i own from there. I was told that she could legally do that because she was primary on my paperwork. What i want to know isnt it theft if she has taken everything that i own without my knowledge or consent,and refuses to ltell me what happened to my things?
1 Answer from Attorneys
Re: theft
Wow. Somehow you went from trusting someone to sit in a truck to trusting them to have unrestricted possession of and access to all of your earthly belongings and most important records. Add to that the fat that this person � not a friend, not a relative � had primary financial responsibility (even if he never had to act on it) and it was almost irresistible for her to take your things.
No, you did not abandon them since the payments were still being made. But there was time to get your ID and try to change the contract terms with the facility, so it may be very difficult to bring any criminal charges against her. I cannot see any police department wanting to touch this one, but hey � give it a shot. Filing a police report is the starting point for preserving your rights anyway. You may have options in civil court. I�m not saying that this will be easy either � but you may have a chance.
Obviously I do not have all of the facts and we have not had a thorough consultation so I am giving you general guidelines � as opposed to actual legal advice. You should consider meeting with an attorney and having a full review of your rights and options.
Good luck
Tanya Robinson
An experienced and successful NY litigator and former prosecutor, Tanya Robinson is a frequent legal analyst and guest commentator on Court TV. She can next be seen on Court TV this upcoming Wednesday, November 29, 2006 from 3-5 pm EST on Closing Arguments with Nancy Grace. Check you local listing for time and channel.
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