Legal Question in Criminal Law in Oregon
help
on sept 17 our daughter ran away. WITH the help of a 32
yearold man who sent her bus ticket. We knew this man was employed by MAY TRUCKING-so we immeadiantly called there.
I PERSONALLY TALKED TO OWNER OF COMPANY WHO TOLD ME THEY
WOuld not let this man back in truck until this situation
was corrected. the police also called and were told the same. they did end up picking abandoned truck up in CALIFORNIA PARKED UNNATTENDED AT HIS MOTHERS HOME.FOR 4
long months my daughter was missing. Then i recieved tip that this man was again working for this same company. I
RElated this to police and sure enough they were picked
up in a may tuck. MY QUESTION CAN MAY trucking be held
accountable-since they never called us even though they said they would help us. THE pain you have when a child is
missing is unexplainable and we spent over 8,000 to get her back. i appreciate any response.
2 Answers from Attorneys
Re: help
When you say "held accountable," that could mean "held accountable" in criminal law, "held accountable" in civil law, or both. For questions about a possible civil claim against any potentially responsible party, refer to a personal injury or civil litigation lawyer. As a criminal defense lawyer, I know that you could talk to the police and prosecutor's office wherever the crime occurred (or in the multiple locations-jurisdictions), about possible criminal liability for the trucking company. In either case, there are civil and criminal statutes of limitations and other laws which will reduce or destroy your (and your daughter's) legal rights with the passage of time. Those time limits vary by state and depending upon the legal basis for each type of potential legal liability. You should consult appropriate legal counsel in the relevant jurisdictions, as soon as possible, therefore.
In terms of "criminal liability" (as opposed to civil liability), generally a potential defendant must have at least (1) committed an act prohibited by criminal law; and (2) intentionally, knowingly or at least recklessly committed that act.
Either way, a lot will depend upon how much effort you (or your daughter) put into pursuing legal remedies -- whether criminal or civil. As a general speculation, based upon the short facts presented here, a civil claim looks more viable than a criminal prosecution. But, either type will depend a great deal upon how much effort you put into it. You should consult a lawyer willing to fully investigate the potential claims and advise you about applicable time limits; and consult prosecutors in each relevant jurisdiction, as soon as possible.
Re: help
What a nightmare you must be going through.
"Accountable" means a lot of different things. I'd like to know more before giving you a specific answer (what kind of accountability are you seeking? What is the status of the investigation? What role has the employer had in cooperating in that investigation and how? among other questions).
I realize it may well be frustrating not getting a definite answer, but, as you are probably painfully aware, these matters are complicated and any responsible answer to legal questions must take into account the specific facts of each situation. I'd gladly talk with you about it, as would, I'm sure, any number of other local attorneys.
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