Vehicle Embezzlement

[jmartinezclark]

Ohio seems to have a Private Criminal Complaint option:
http://www.cityofcanton.com/citygov/...procedure.html

"Citizens with a criminal complaint should first contact their local Police Department (or Stark County Sheriff's office - where there is no local Police Department) for their assistance and investigation. In some cases, due to manpower restrictions or police response priorities, the Police Department or Sheriff's office may be unavailable or unable to help. In such a case, The Canton Prosecutor's Office is available for the filing of private criminal complaints with the possibility of filing criminal charges if necessary."

[farmer_giles_of_ham]

so far nothing specific on my part-but here is:

http://www.leginfo.ca.gov/cgi-bin/di...0&file=806-810

CA PC 806. A proceeding for the examination before a magistrate of a person on a charge of a felony must be commenced by written complaint under oath subscribed by the complainant and filed with the magistrate. Such complaint may be verified on information and belief.

So make a written complaint to a judge of the common pleas court in San Diego- that is the basic procedure.

also

http://www.leginfo.ca.gov/cgi-bin/di...0&file=813-829

813. (a) When a complaint is filed with a magistrate charging a felony originally triable in the superior court of the county in which he or she sits, if, and only if, the magistrate is satisfied from the complaint that the offense complained of has been committed and that there is reasonable ground to believe that the defendant has committed it, the magistrate shall issue a warrant for the arrest of the defendant, except that, upon the request of the prosecutor, a summons instead of an arrest warrant shall be issued.

Maybe any citizen can act as prosecutor- this is heard of in the past, and still is common in other countries.

I would contact the actual court in San D, talk to human beings, which is where you would need to file this presentment.

[weishaupt1776]

Well, now do a request IN WRITING to the police requesting any documents/records/authorities/ statutes, cases, etc . . .which would demonstrate that the original contract MUST be in place for a prosecution

Do this in the three stage default process w/ REGISTERED mail and a 3rd party process server

this is your first step

The default will be that they admitted silently that there are NO laws which back up their position to not investigate due to no contract

This is all you got at this point

[jmartinezclark]

weishaupt1776 & farmer_giles_of_ham,

Thank you very much for the light that you had shed on my case. I greatly appreciate the time your are taking to give me a hand with this issue. :-)

weishaupt1776, could you please elaborate on the "three stage default process"? I'm not familiar with it. I understand that the objective is to send them a request in writing asking them for the legal basis for their request to show a copy of the original contract, but I am not knowledgeable about the actual mechanics of the process.

[jmartinezclark]

Originally Posted by farmer_giles_of_ham

so far nothing specific on my part-but here is:

http://www.leginfo.ca.gov/cgi-bin/di...0&file=806-810




So make a written complaint to a judge of the common pleas court in San Diego- that is the basic procedure.

also

http://www.leginfo.ca.gov/cgi-bin/di...0&file=813-829



Maybe any citizen can act as prosecutor- this is heard of in the past, and still is common in other countries.

I would contact the actual court in San D, talk to human beings, which is where you would need to file this presentment.

Just for the record: After further research I have confirmed with a criminal attorney that the Sections in the California Penal Code above explain how state prosecutors can initiate a criminal case but do not authorize private parties or their lawyers to do so.

[farmer_giles_of_ham]

After further research I have confirmed with a criminal attorney that the Sections in the California Penal Code above explain how state prosecutors can initiate a criminal case but do not authorize private parties or their lawyers to do so.

Yeah. an attorney would say that. Everything you want, is "no". Everything they want, is "have to".

I wonder if you were informed as to exactly which laws (as in , 'here's a copy of what I am talking about') prevent you from personally making a complaint.

[jmartinezclark]

I have researched the topic in Westlaw and there is case law in California that prevent a private citizen from instituting criminal proceedings without authorization or approval by prosecuting attorney. (See attached)

[farmer_giles_of_ham]

Thanks for the link.

I dont mean to get into some debate about this...just want to back up the point that "can't" is the attorney's favorite word.

Because it takes business and mystery away from them.

(from the pdf link)

§ 1[a] Prefatory matters—Scope
This annotation collects the cases which deal with the power of a private citizen to institute criminal proceedings without the authorization or approval of the prosecuting attorney.

...Appearance before a minor judicial officer to make a preliminary accusation of crime by oath, affirmation, complaint, or otherwise is not the initiation of criminal proceedings contemplated by this annotation.

...The situation herein considered is a full-blown criminal prosecution whereby the person charged may be required to stand trial, and the question answered is whether a private citizen can institute
such a proceeding without the sanction of the prosecuting attorney.

So without having read through the whole package, according to the very first item the scope of the information presented excludes discussion of this very tactic of "private criminal complaint" to initiate preliminary proceedings.

For example in PA the 'private complaint' just gets the ball rolling; if things pass muster the DA office is required to take the case by judicial order but that doesnt mean a private citizen could actually prosecute, since only the DA can represent the State anyway.