Legal Question in Criminal Law in West Virginia

heisted by a construction crook

hire private detective to find and then go to prosecutors and then ask self why did I pay him before work finished and why did I not check phone # and address before I hired him

Larceny by conversion

You might be the victim of a larceny by conversion. You should check with your local prosecutor;s office. As to finding the suspect, file a police report with your local police department by providing them with all the information you have. They can then seek an arrest warrant if the prosecutor believes a crime was committed according to the laws of your state. It sounds like you also have a civil course of action - breach of contract. The standard of proof in a civil suit is much lower than in a criminal action. The drawback to filing a civil suit is that you would have to find the defendant which might be costly if you have to resort to hiring a PI. A criminal action if available is no cost to you. If the defendant is convicted or pleas to a crime restitution is usually ordered.

Rare to find an honest contractor

You broke cardinal rule #1: you didn't learn with whom you were dealing.I agree with Attorneys Lookofsky (who'd make a great character for a detective novel -- he's a man of few words who goes right to the bottom line) and Legere that you'd be best in criminal court. If the guy is broke, there's is no sense suing in civil court. You cannot get blood from a stone.If he is not broke, anything he has is in someone else's name. And you would have the burden of finding him!But if you go to criminal court and he is found guilty and ordered to make restitution, you will be surprised how quickly his assets will reappear! His wife or girlfriend or daughter or whomever will suddenly produce them to get him off the hook. In fact, he might want to settle with you before it even comes to trial because then the DA would not have a witness against him. Remember, by then, the DA will have your cancelled check and your written statement -- but no one through whom to put them into evidence. Do not also be surprised if he files for bankruptcy. So you really dowant to hurry with the criminal action. He cannot discharge a restitution order arising out of criminal court. Nor can he discharge a debt arising out of criminal fraud. Digression: Do you have anything with his fingerprints? HOw much money did he get you for? If a big sum, the DA will react quicker than he would for a small sum! Good luck!