(Closed) NWR: Legal Bees, I Need Your Advice. Badly.

posted 8 years ago in Legal
Post # 3
Member
1936 posts
Buzzing bee
  • Wedding: August 2014

This does not constitute legal advice in any way, but maybe I can try to explain it to you a little bit better. The law of each state differs, so this is just a general overview as I understand it. 

Larceny is the taking of the property of another person without permission. But in most states, you must have an intent to steal the property. Considering the fact that your husband’s employee returned the items, it would be really hard for the prosecution to prove that he intended to steal it (being any of the items he took). Even if they could prove it, the punishment would be minimal and it probably wouldn’t be worth the time or money it would cost to prosecute. 

Post # 5
Member
1940 posts
Buzzing bee
  • Wedding: July 2010

I am not a lawyer, but I had a question.  Did you specifically outline (in writing) what equipment he could use and when?  Otherwise, it sounds like you did give him permission to have limited access, but it’s kind of your word against his word about how much “limited” really means.

With your car scenario… I think the difference is that you initially did give him permission, but it sounds like the boundaries weren’t clear.  It wasn’t like a random stranger came over and took your car or a friend stole your keys to drive your car.  At some point in time, it sounds like permission was given (although maybe not for that specific activity – but again, was that in writing?)

Post # 7
Member
1936 posts
Buzzing bee
  • Wedding: August 2014

Technically, no, that’s not larceny. I know that’s frustrating because it goes against common sense, but its not, at least in most states. It might, however, fall under trespass to chattels, a civil claim under Tort law. If someone takes your property but doesn’t have the intent to steal, you might have a claim under Tort law, but not a criminal offense.  The “crime” you are describing, where an employee came onto your land and used something of yours without permission, is likely not punishable in criminal court, but your civil case is totally different because it requires different elements that need to be proven. I know its frustrating because you see it as a crime, but the law sees it differently. 

I know that is not what you want to hear, and you should definitely explore your options with the lawyer who is handling your civil case. Every state is different and I’m not familiar with the laws in your state and am not your lawyer.

Post # 8
Member
1936 posts
Buzzing bee
  • Wedding: August 2014

@PutABirdOnIt: I think what she is saying is that its going to be your word against his about what scope the “permission” you gave him entails. If he can make the argument that he had permission to use the equipment, then you will not be able to recover. Not saying thats the case, but he can certainly make that argument, and unless you had anything in writing, it will be your word vs. his, so it will all come down to what the jury/judge believes if this ever makes it to court.

Post # 9
Member
2313 posts
Buzzing bee
  • Wedding: August 2011

Just wondering, what are you seeking with your civil claim? The property was returned and I don’t think you mentioned any damage to the property, so what are you trying to recoup with the civil claim?

Post # 13
Member
3788 posts
Honey bee
  • Wedding: July 2011

@PutABirdOnIt: ALL profits he made plowing? That seems excessive considering that it was his labor. It honestly sounds like you just want to punish him because you’re mad, very vindictive. I understand that he took advantage of your offer, and I don’t blame you for being upset. But as others have said, you should have specifically outlined in writing what you were giving him permission to use under what conditions. I think the propsect of a criminal case is ridiculous; do you really think he should go to jail over this? File your civil suit for wear and tear to the vehicle/plow, and be more careful in the future.

Post # 15
Member
1940 posts
Buzzing bee
  • Wedding: July 2010

In the event that you’re being serious… I don’t think that watching Judge Judy will help you that much… it’s a tv show…  Just because I watch House doesn’t mean that I’m qualified to be a diagnostician!

In all seriousness, good luck with your case!  Hopefully you can at least get reimbursed for wear and tear of your equipment.

Edit: I just saw your last post.  I’m genuinely curious… what do you want him “scared” of? 

The topic ‘NWR: Legal Bees, I Need Your Advice. Badly.’ is closed to new replies.

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