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Electricity Theft-Delaware

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EandJjunk

Junior Member
Ok so the electricity was turned off due to non-payment at friend's home. A friend hooked up jumper cables to the box and someone anonymously called to report my friend. Electric company showed up, then the state police came. My friend was not home at the time, but told electric co./police that squatters did it. He got charges for theft of electricity and criminal mischief. Will this work as a defense possibly, that squatters did it? What is the best route to take? Thanks.
 


quincy

Senior Member
Ok so the electricity was turned off due to non-payment at friend's home. A friend hooked up jumper cables to the box and someone anonymously called to report my friend. Electric company showed up, then the state police came. My friend was not home at the time, but told electric co./police that squatters did it. He got charges for theft of electricity and criminal mischief. Will this work as a defense possibly, that squatters did it? What is the best route to take? Thanks.
Has your friend left the house empty for a long time? If there have been squatters in his house, why was he unaware of this? He should work to better secure the house.

The best route for your friend to take would probably be to hire a lawyer and to pay the electric company what is owed.
 

Just Blue

Senior Member
Ok so the electricity was turned off due to non-payment at friend's home. A friend hooked up jumper cables to the box and someone anonymously called to report my friend. Electric company showed up, then the state police came. My friend was not home at the time, but told electric co./police that squatters did it. He got charges for theft of electricity and criminal mischief. Will this work as a defense possibly, that squatters did it? What is the best route to take? Thanks.
No. It sounds like just what it is...BS. Tell your friend to hire an attorney and you should stop posting his criminal issues on the net.
 

quincy

Senior Member
Here is a link to Delaware's theft of services law: https://law.justia.com/codes/delaware/2017/title-11/chapter-5/subchapter-iii/section-845

When there is a tampering of public utility equipment that provides service to a home, it is presumed that the intent was to avoid payment. Theft of services is charged as a Class A misdemeanor if the value of services stolen is under $1500. If the value of services stolen is over $1500, it is charged as a Class G felony.

You will want to evict the squatters, if you haven't already.
 

Just Blue

Senior Member
Here is a link to Delaware's theft of services law: https://law.justia.com/codes/delaware/2017/title-11/chapter-5/subchapter-iii/section-845

When there is a tampering of public utility equipment that provides service to a home, it is presumed that the intent was to avoid payment. Theft of services is charged as a Class A misdemeanor if the value of services stolen is under $1500. If the value of services stolen is over $1500, it is charged as a Class G felony.

You will want to evict the squatters, if you haven't already.
psst quincy....there are no squatters. ;)
 

quincy

Senior Member
Last edited:

Zigner

Senior Member, Non-Attorney
Ok so the electricity was turned off due to non-payment at friend's home. A friend hooked up jumper cables to the box and someone anonymously called to report my friend. Electric company showed up, then the state police came. My friend was not home at the time, but told electric co./police that squatters did it. He got charges for theft of electricity and criminal mischief. Will this work as a defense possibly, that squatters did it? What is the best route to take? Thanks.
You didn't REALLY come on here asking if a made up story is a good defense, did you? :rolleyes::rolleyes::rolleyes:
 

Taxing Matters

Overtaxed Member
Will this work as a defense possibly, that squatters did it? What is the best route to take? Thanks.
Well, let’s see, you’ve already said your friend did it. You’ve also implied that your friend lives in that home. So he made up a story about squatters and told that to the police and electric company. The prosecutor will now be aware of his claim and prepared for it. If your friend’s attorney is at all ethical and knows the story to be false the attorney will not participate in presenting fabricated evidence to the court. If your friend should somehow still testify claiming the squatters did it, he will risk getting perjury charges added to the rest of it. Even if that doesn’t happen, any testimony your friend might give is now compromised because the prosecutor may use his statement about squatters he made to the police to paint your friend as a liar and thus help turn the jury against him. He really should have just not said anything. The right to remain silent is valuable and he should have used it.

As for the best route to take? He ought to hire a good criminal defense attorney.
 

HRZ

Senior Member
OP. ...somebody is looking at jail time for this adventure ...he or she needs a criminal defense attorney ... I simply don't know if immediate full restitution gets you more favorable view from law enforcement ...it did long ago when I worked for a major utility ..but that was then and somevody needs a now answer in your area. ( and no rush to confess sins wo attorney first)!
 

HRZ

Senior Member
OP. ...somebody is looking at jail time for this adventure ...he or she needs a criminal defense attorney ... I simply don't know if immediate full restitution gets one more favorable view from law enforcement ...it did long ago when I worked for a major utility ..but that was then and somevody needs a now answer in your area. ( and no rush to confess sins wo attorney first)!
 

FlyingRon

Senior Member
I would suspect the police/utility have plenty of proof to dispell the "someone else did it" claim. Bet "your friend" left prints on the meter, on the cables, etc... In addition to being criminal, it's just plain stupid. He could have killed himself or set the place on fire with the shenanigans.
 

Zigner

Senior Member, Non-Attorney
I would suspect the police/utility have plenty of proof to dispell the "someone else did it" claim.
The onus is on the person who received the benefit of the theft of service to prove that they didn't commit the crime.
 

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