Civil or Criminal ?
1 - 19 of 19 Posts
Joined
·
19,391 Posts
Unless it's in writing....I'm thinking learning issue.
Joined
·
19,391 Posts
Was it family or friend?
It is in writing (email) with instructions on where to pick up the items/return the items, and the person has also agreed to return the items, yet has not. I even have a recorded phone conversation wherein the person states the items would of been returned this a.m.mountainpass said:
Now the person appears not to want to return, due to the fact of a criminal warrant being issued by me, on a friend of his.
Joined
·
7,593 Posts
You just may have enough evidence to be heard in a small claims court. Do we have those in Georgia, or do you have to go on TV? :shattered:
Joined
·
30,164 Posts
If it's criminal, it sounds like Theft by Conversion. This is what people get charged with when they rent something (a rental car, a movie from Blockbuster, some tool from Home Depot....) and never return it.
But Theft by Conversion is only a crime if and when the person forms an intent, in their own mind, to keep the item and use it as if it were their own.
And it's only a felony if the value of the thing is over $500.
See O.C.G.A. 16-8-4.
Certainly, it's a civil matter at the very least.
If you had an agreement, then it's a breach of contract civil action.
If you didn't have an agreement that is even close to being a contract, you could call it a trespass to chattels, or intereference with personal property.
But Theft by Conversion is only a crime if and when the person forms an intent, in their own mind, to keep the item and use it as if it were their own.
And it's only a felony if the value of the thing is over $500.
See O.C.G.A. 16-8-4.
Certainly, it's a civil matter at the very least.
If you had an agreement, then it's a breach of contract civil action.
If you didn't have an agreement that is even close to being a contract, you could call it a trespass to chattels, or intereference with personal property.
So, I have applied for a warrant application hearing and the date has been set.
Would any of you legal eagles like to chime in and inform me of what to expect during the process/proceedings?
I am asking for a warrant for theft by conversion.
Would any of you legal eagles like to chime in and inform me of what to expect during the process/proceedings?
I am asking for a warrant for theft by conversion.
Joined
·
30,164 Posts
Many counties have websites for their court systems. I've seen some Magistrate Court websites that have good and pretty detailed instructions about how to proceed with taking an arrest warrant on a fellow citizen.
A few quick tips:
1-- Remember that although hearsay evidence is allowed to establish probable cause, the weight of the evidence may be diminished if you repeat what another key witness told you. Might be better to bring the witness to tell the judge himself or herself.
2-- Bring copies of whatever documents and paperwork you have. If you had a verbal agreement not a written one, bring your notes or make some notes about what was said, and when, and what happened next. Do that before you go to court. It will make telling your side of the story go smoother and faster, which will please the judge.
3-- Everything you say should be relevant toward satisfying the criminal code section you're charging the other guy with violating. Try not to vent about any other bad things this person did to you or to anybody else, unless it's very similar to what you're accusing him of doing now. A pre-warrant hearing isn't about people's character. It's about finding probable cause, or a lack of P.C., that a certain person committed a certain act or series of actions, in a certain county, on a date (or range of dates) that shows the Statute of Limitations has not expired.
4-- If you want a felony warrant instead of a misdemeanor one, make sure to mention the value of what was wrongly taken / converted. State to the Court how you know approximately what it's worth today (which may be considerably different from what it was worth brand-new).
None of this is legal advice, of course. Just some tips for anybody going into magistrate court or even small claims court on a civil matter.
Good luck.
A few quick tips:
1-- Remember that although hearsay evidence is allowed to establish probable cause, the weight of the evidence may be diminished if you repeat what another key witness told you. Might be better to bring the witness to tell the judge himself or herself.
2-- Bring copies of whatever documents and paperwork you have. If you had a verbal agreement not a written one, bring your notes or make some notes about what was said, and when, and what happened next. Do that before you go to court. It will make telling your side of the story go smoother and faster, which will please the judge.
3-- Everything you say should be relevant toward satisfying the criminal code section you're charging the other guy with violating. Try not to vent about any other bad things this person did to you or to anybody else, unless it's very similar to what you're accusing him of doing now. A pre-warrant hearing isn't about people's character. It's about finding probable cause, or a lack of P.C., that a certain person committed a certain act or series of actions, in a certain county, on a date (or range of dates) that shows the Statute of Limitations has not expired.
4-- If you want a felony warrant instead of a misdemeanor one, make sure to mention the value of what was wrongly taken / converted. State to the Court how you know approximately what it's worth today (which may be considerably different from what it was worth brand-new).
None of this is legal advice, of course. Just some tips for anybody going into magistrate court or even small claims court on a civil matter.
Good luck.
Thanks
In a nut shell.
Your Honor, here is the email agreement to loan him items.
Here is the recorded phone conversation wherein he agrees to return.
Here is the email I sent him when he did not return items, with his response being that he will not return said items unless I pay him.
Here is estimate for replacement cost.
In a nut shell.
Your Honor, here is the email agreement to loan him items.
Here is the recorded phone conversation wherein he agrees to return.
Here is the email I sent him when he did not return items, with his response being that he will not return said items unless I pay him.
Here is estimate for replacement cost.
According to this guys employee, the Sheriffs office served him the Notice to appear for the Warrant Hearing late last night.
Early this morning the items were returned.
Amazing how peoples attitudes change when they know they have to appear before a judge and, or, face jail time.
Early this morning the items were returned.
Amazing how peoples attitudes change when they know they have to appear before a judge and, or, face jail time.
It appears that it does.pml said:
Thanks go out to the NCSO Deputy that pointed out to me that there was such as thing as a Warrant Application.
So that others may learn from my mistake.
If you are ever involved in such a instance, there is no need to argue with the person that has done you wrong.
Go to your respective court, fill out the Warrant Application Hearing Form, and pay the fee.
The court will then set a date for a hearing.
The court will serve the other party a notice that they are to appear in court, that they have been accused of a crime.
At the hearing both sides are allowed to state the facts, and if the Judge so decides, a warrant may be issued on the spot against the other party.
If I'm wrong about the process, I'm quite sure someone will correct me.
1 - 19 of 19 Posts
