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  #1  
Old 01-26-2005, 10:01 AM
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Join Date: Jan 2005
Posts: 3

malicioous destruction of property complaint


What is the name of your state?MA

Hi,
my husband went through a hearig for malicious destruction of property. He has a lawyer, and I can not afford one. I was told by police prosecutor that there is more than enough evidence so I don't have to go to the hearing.

The judge found there is not enough evidence.

I still have as evidece these things: my husbands e-mails saying he destroyed my clothes; my destroyed clothes and some belongings; police report which is a bit vague but mentions destroyed property; two policemen who saw the desctruction in our home; two people who saw the destructon after it happened, one of whom is my brother; the neighbourhs who saw the thrown out torn stuff.

Provided that I have this evidence, but it was never presented,
do you think I should file criminal charges on my own now, so that I am paid for what I lost?

Are they going to be criminal, or civil charges?

Thank you.
  #2  
Old 01-26-2005, 10:21 AM
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Join Date: May 2002
Posts: 29,675
The most you could do is sue him civilly.
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  #3  
Old 01-26-2005, 11:45 AM
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hey


I don't know why but that always makes me giggle.

having sue and civil in the same sentence.

But methinks stealth is correct, its not criminal, its civil...

(or depending on amount, small claims?)

giggle
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Last edited by ENASNI; 01-26-2005 at 11:49 AM.
  #4  
Old 01-27-2005, 08:42 AM
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Join Date: Jan 2005
Posts: 3
thanks for your responses.

The amount is 1,200 only, but it is all the clothes I had.

Do you know if it is possible to appeal the judge's decision?
  #5  
Old 01-27-2005, 08:51 AM
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Join Date: May 2002
Posts: 29,675
Only if there was an error in law AND it's filed within the required time period (which is generally very short).
__________________
Children aren't coloring books. You don't get to fill them in with your favorite colors.
The Kite Runner, Khaled Hosseini



*********
R.I.P. Penny.
8/12/97 - 11/12/09
She was a good hound,
and a good friend.
She will be missed.

*********
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