Legal Question in Criminal Law in Pennsylvania

Help

I had a cousin living with me for over one year he wen't bad and started to use drugs so i put him out while i was away on vacation he broke into my room and stold a revolver and some jewlry the philadelphia police say i cannot press charges because he lived with me at the time of the alledged crime and had a key to my house. What can i do? He is currently incarcerated for a paroll violation and is now sending letters in which can be interprted as threats, I gave the letters to his paroll officer but the crime he has been arrested for the witness will not testify for fear of her life and he will be sent free after his paroll problems are done. I wan't to press charges but i can't is this possible? Please respond.

Thanks


Asked on 9/20/04, 5:07 pm

2 Answers from Attorneys

Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Help

What the police are telling you is clearly nonsense if what you're saying is true.

They would have a hard time proving burglary or criminal trespass becuase he had the key...although you did say that you had put him out so apparently he knew he wasn't allowed there, so these would be legitimate charges.

However, the theft is certainly provable, if what you're saying is true.

You can file a private criminal complaint against him--you should add every charge possible that he may have committed...burglary, criminal trespass, simple trespass, theft by unlawful taking, receiving stolen property.

Call the Philadelphia DA's office and ask for the form for a private criminal complaint. The private criminal complaint has to be approved by the DA before charges will be filed, so you will have to talk to someone in the DA's office to convince them to accept the complaint.

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Answered on 9/20/04, 5:53 pm
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Help

If you currently live in New Jersey as your zip code indicates, then I can tell you what you can do under New Jersey law about the threatening letters. If this is solely a Pennsylvania problem, if you lived in Pennsylvania when the threats were made against you, then you need to consult with a PA lawyer.

The threatening letters your cousin sent you are what can be seen under New Jersey law as "Terroristic Threats" if they are threats to cause you bodily injury and you reasonably believe that they will result in the same. This is a violation of the New Jersey criminal code. You can take the letters to the police in the town where you live in New Jersey and ask them to issue a complaint for terroristic threats against your cousin. If the local police won't help you, you can go to the County Prosecutor's Office and ask them to investigate and file a complaint.This will result in another criminal charge against your cousin. You can also apply for a Restraining Order against your cousin based on these threatening letters.

As to the theft of your property in PA, I can't advise you what to do there if the police won't help you.

I am an attorney who has handled many criminal cases in various courts in New Jersey in the past. If you would like to discuss this case further please call me at 908-272-0111. Thank you. Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 9/20/04, 8:38 pm


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