Joined May 2011
L5: Journeyman
Forum Thread
Not Sure What To Do
September 23, 2011 at
12:34 PM
in
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OK, okay, I won't post any more threads in the lounge for a while after this, I promise. 
Limit OT if possible.
Between my dad's recent hospitalization and other things, I have had a lot of stressful situations going on in my life lately.
Recently, I went over to a friend's (Friend2) house for a little get together and left my DS lite with a few games and other things (totaling approximately $150) because my friend (Friend1) requested that I do so. This friend (Friend1) then left the house, forgetting the DS Lite and all along with a backpack full of my sleep-over necessities (toothbrush, shampoo, etc.) at my other friend's (Friend2) house.
After two weeks of texting Friend2, so many excuses have been made as to why I can't go over and get the DS. I wouldn't doubt by now he sold it to some crack head for $5.
What can I do in this situation? Friend1 is like a brother to me.
Limit OT if possible.
Between my dad's recent hospitalization and other things, I have had a lot of stressful situations going on in my life lately.
Recently, I went over to a friend's (Friend2) house for a little get together and left my DS lite with a few games and other things (totaling approximately $150) because my friend (Friend1) requested that I do so. This friend (Friend1) then left the house, forgetting the DS Lite and all along with a backpack full of my sleep-over necessities (toothbrush, shampoo, etc.) at my other friend's (Friend2) house.
After two weeks of texting Friend2, so many excuses have been made as to why I can't go over and get the DS. I wouldn't doubt by now he sold it to some crack head for $5.
What can I do in this situation? Friend1 is like a brother to me.
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Oh wait, wrong board.
Anyway...
You know where your friend lives? Start harassing them.
Get to their house in the middle of the night and start banging on their doors really loudly like a crazy person and run like hell.
Throw a window through the window with a note saying "you know what you did. You know what I want. You have a week for this to mysteriously show up on my doorstep...or....bad things..WILL HAPPEN."
Torment them every night until they do so.
Night 1: Teepee their house
Night 2: Leave a steaming hunk of crap on their doorstep
Night 3: Get some stink bombs and place it around their house.
Night 4: ....do whatever Mal says at this point because she probably has better ideas on how to destroy a person's life than I do.
Hell, if your friend just accidentally left it at the house and the other guy did something with it, that's still theft. And whoever bought it is guilty of receiving stolen property.
Hell, if your friend just accidentally left it at the house and the other guy did something with it, that's still theft. And whoever bought it is guilty of receiving stolen property.
Today I was told the DS isn't at his house. So, a police report will be filed if possible. I'll remember the term "theft by conversion" and mention that I saw certain paraphernalia in his house.
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Good luck....I hope it works out for you. However, as stated, I'd be very surprised if the cops get involved. Now, if it's a case where you (or someone else) actually saw him breaking into your car/property to steal your DS, then that's certainly theft. However, since it's a case where the items were accidentally left at the "friend's" house, it's really not theft. He can certainly now say that he thought he had it but checked again and doesn't know where it is. If there were a lot of guests at the party, he can easily say it could have been someone at the party who took it.
And, he wouldn't be liable at all. Criminally, there wouldn't by any case against him. Now, in civil court, the burden of proof is only a preponderance of the evidence. So, all you have to do to win is tip the scales in your favor that he had the DS--i.e. his text that he had it. If he then tells the judge that he was mistaken and the judge didn't believe him, then you would win. However, the way that the court system works, if he didn't pay after you're awarded a judgement in small claims court, you really can't do much about it.
Good luck....I hope it works out for you. However, as stated, I'd be very surprised if the cops get involved. Now, if it's a case where you (or someone else) actually saw him breaking into your car/property to steal your DS, then that's certainly theft. However, since it's a case where the items were accidentally left at the "friend's" house, it's really not theft. He can certainly now say that he thought he had it but checked again and doesn't know where it is. If there were a lot of guests at the party, he can easily say it could have been someone at the party who took it.
And, he wouldn't be liable at all. Criminally, there wouldn't by any case against him. Now, in civil court, the burden of proof is only a preponderance of the evidence. So, all you have to do to win is tip the scales in your favor that he had the DS--i.e. his text that he had it. If he then tells the judge that he was mistaken and the judge didn't believe him, then you would win. However, the way that the court system works, if he didn't pay after you're awarded a judgement in small claims court, you really can't do much about it.
If you leave something at someone's house, it means it's legally theirs for the taking/selling/sodomizing?
I'd be interested in hearing how that works, considering taking a lost item is still considered theft by taking in most jurisdictions. I'm not sure how you come to the conclusion that actually knowing the owner of the item, failing to return it, and still taking it for their own is not.
If you leave something at someone's house, it means it's legally theirs for the taking/selling/sodomizing?
I'd be interested in hearing how that works, considering taking a lost item is still considered theft by taking in most jurisdictions. I'm not sure how you come to the conclusion that actually knowing the owner of the item, failing to return it, and still taking it for their own is not.
Hence, I stated that she could possibly prevail in civil small claims court. All she has to do is show her text where the friend stated he had the DS. Again though, he could claim he was mistaken. However, since the burden of proof is lower, the judge could consider his credibility.
As for the criminal case, there wouldn't be one. The friend didn't steal the DS. At worst, he found it in his home after OP's friend forgot it there. However, it'll be hard to prove that he indeed found it and kept it since there was supposedly a party. Who's to say someone at the party stole it? Or, even OP's friend who was given the DS to borrow! In a criminal case, all those factors come into play. The only way a criminal case could proceed is if the OP or DA had proof that the friend had the DS in his possession. Not circumstantial evidence where he texted a statement that he thought he found it....the actual DS needs to be found in the friend's possession.
But, if you don't believe I'm right, that's fine. We'll just have to wait and see what happens. I'm not a lawyer. It's just from things I've picked up talking to lawyers in my family, ppl in the legal profession, watching TV, and reading about cases in the news.
If you find something in your home that you know belongs to someone else, and then fail to return it to the owner... It's still theft by taking. You are permanently depriving a person of their possessions against their will. When the item is left at the friend's house, and when there is corroborating evidence that the friend has it... I don't have a hard time imagining that the police will at least show up at his house with her and request the items to be turned over.
You're focused too much on the trial aspect of this, when it's nothing but an investigation up to that point. She just wants to get her stuff back, and the police may be able to resolve the issue without any arrests. Not every time the police gets involved do charges get filed and people taken away. While burdens of proof do exist... it doesn't matter when a tweaker doesn't want the cops to see his meth lab and reimburses the victim to make them go away. I don't think the goal here is to prosecute anyone as much as it is to recover what's hers.
As for being told it's a civil matter... Theft is a criminal issue, and this is theft.
If you find something in your home that you know belongs to someone else, and then fail to return it to the owner... It's still theft by taking. You are permanently depriving a person of their possessions against their will. When the item is left at the friend's house, and when there is corroborating evidence that the friend has it... I don't have a hard time imagining that the police will at least show up at his house with her and request the items to be turned over.
You're focused too much on the trial aspect of this, when it's nothing but an investigation up to that point. She just wants to get her stuff back, and the police may be able to resolve the issue without any arrests. Not every time the police gets involved do charges get filed and people taken away. While burdens of proof do exist... it doesn't matter when a tweaker doesn't want the cops to see his meth lab and reimburses the victim to make them go away. I don't think the goal here is to prosecute anyone as much as it is to recover what's hers.
As for being told it's a civil matter... Theft is a criminal issue, and this is theft.
And yes, I keep going back to the burden of proof because you're kind of making it out like the OP has a case for criminal theft. Sorry, I just don't think so. Sure, I think it's wrong if the friend found the items and is now keeping them. But, it's a far cry to saying that you can now convict him for theft just because he text that he may have found the stuff.
That's just what I'm trying to convey. Possible civil liability....yes. Criminal conviction/arrest.....highly doubtful.
And yes, I keep going back to the burden of proof because you're kind of making it out like the OP has a case for criminal theft. Sorry, I just don't think so. Sure, I think it's wrong if the friend found the items and is now keeping them. But, it's a far cry to saying that you can now convict him for theft just because he text that he may have found the stuff.
That's just what I'm trying to convey. Possible civil liability....yes. Criminal conviction/arrest.....highly doubtful.
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