Legal Question in Criminal Law in Virginia

Can I press charges?

Scenario:

My husband was outside a month ago doing yardwork and had his cellphone laying on his car in the driveway. At some point, he went inside and the phone was taken by a boy down the street. We thought he had just misplaced it and looked everywhere, even calling it and listening for it. The next day, the mom called and reported that her son had it. She apologized as her son apparently deleted all our pics, etc. But regardless I went and picked it up. Now, looking at the bill, i see where the son downloaded $300 worth of games (which were also deleted). The cellphone vendor is not crediting back these charged as we never formally filed anything (hindsight 20/20). Can we file charges against this kid? I have texts from the mom where she admits having it and that i can pick it up, etc.

Any help is greatly appreciated!


Asked on 1/25/11, 11:42 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Send the kid's mom a written demand notice for the $300.00.

And, if she refuses "to pony up" for the kid's damages, then sue her in small claims court premised on the theory that parents can be held liable for their children's willful torts.

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Answered on 1/27/11, 6:38 pm
sheryl shane sheryl shane, attorney at law

I agree with prior attorney's comment. Attorney Sheryl Shane. Web: www.sherylshanelaw.com.

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Answered on 1/28/11, 5:47 am


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