How do I file a Criminal Complaint without a law enforcement investigation?
4 attorney answers
You may be confusing a civil complaint and a criminal complaint. A criminal complaint begins a criminal prosecution. Only a federal or state prosecutor may bring criminal charges. A civil complaint is a lawsuit brought by one individual against another. If you feel that your civil rights have been violated by a police officer, say, you could file a civil lawsuit against that individual. There are lawyers who specialize in civil rights litigation, which is a very complicated and difficult area of law. You should find one in your area and consult with him or her about your case. If you have a strong claim with substantial damages, many attorneys will take your case on a contingency basis. That means you don't have to pay up front. Instead you agree to pay the attorney one-third or so of the judgment in your favor. That way, you pay from the proceeds of the award, and you only pay if you win. The lawyer will carefully review the facts of your case before deciding whether to take the case on a contingency basis.
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Unless
you are law enforcement, you don't get to file criminal complaints.
That privilege is reserved for the Attorney General, county prosecutors,
and other such folks. In most cases, a decision by the official
designated to investigate and determine whether to bring such charges as
it relates to the charging decision is within that official's absolute
discretion. That is, if they say they aren't going to pursue it, you
don't get to second guess that decision.
If you feel your civil rights have been violated, it is possible that
you have a civil action under either state or federal law. But, these
sorts of claims are incredibly complicated and you simply have not
provided enough information to even begin to formulate a guess as to
what potential cause of action you may or may not have.
Civil rights matters are taken very seriously by a number of
organizations that you may be familiar with. I would suggest that you
begin by contacting either an experienced civil rights litigation
attorney in your area or one of the many organizations that focus on
this realm - places like the ACLU, for example. Best of luck.
To
better answer your question, you need to provide some additional
information. However, for the most part, YOU cannot file a Criminal
Complaint unless you are a Governmental agencythat possesses the proper
authority. Have you filed a police report or contacted your local FBI
office?
I am concerned that you may be getting confused by the differences of a Criminal Action and a Civil Action.
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Dear Police Captain Thomas Forsberg, This is an attempt to report a Title 18 U.S.C. 241 & 242 violation and involves police misconduct while under color of law and office. I absolutely do understand the seriousness of the allegations of a Title 18 offense. Our allegations are against law enforcement which seems to be an unsavory topic for others in law enforcement who could investigate but I make this appeal to you in hopes that you favor law over politics and the buddy buddy system. Here are the factual allegations... Without an eviction my family was locked out of our house in clear and direct violation of MCL 600.2918. The gal that changed the locks on our home had worked for my sister up and to the point she was fired. She changed the locks to get back at my sister through us. We called 911 and an hour later a deputy arrived but only 5 min after the home owner. It was a Monday afternoon and for over a year we didn't understand why the home owner showed up that day nor did we understand why it took two calls to 911 to get them to respond in an hour. After a year we discovered that the home owner, after being fired by my sister, got a new job at the same Sheriff's Department that responded to our 911 call on September 27, 2010. With both the deputy and the home owner at our leased property, the deputy claimed to have a vague recollection about knowing all parties but that this knowledge was vague as if it were like having given each party a speeding ticket two years ago (the Deputy reiterated the vagueness more than once) . In actuality though, the deputy and the home owner were both employed at the same Sheriff's Department but this never came up on September 27, 2010 the date of the lockout. In under five minuets, the deputy established the roles of the parties to be that of landlord and tenant which, for all intents and purposes, worked in that we were being locked out of our home in the absence of Due Process. The deputy however, chose to tell my wife and I that home owners can change the locks on any home that they own whenever they please because it is their home... “They own it”. Then the deputy told us that we would be leaving our home peaceably or by arrest for trespass but we would definitely be leaving. We left. Our home was full of our possessions obviously. Beds, dressers, televisions, appliances etc. The actual date of the lockout took place a couple days prior to our discovery of the lockout and, as it turns out the house was being emptied by the owner and her boyfriend during this time but we didn't know this because we were locked out. After leaving our home, I went to the Sheriff's Department. I started working on a complaint when I was introduced to the undersheriff. The undersheriff took me back to his office and I told him what was going on. He got upset at me for having told him what I did and issued me back to the lobby where he told me to wait. About 10 minuets later he came out and while shaking my complaint in his fist told me that I could fill out complaints until the cows came home but that his deputy had done nothing wrong. He followed that up by saying that he had called the PA and that if I had proof that we had not been evicted that we should be able to get our house back and directed me to call the same deputy back to the scene and we did. I get back to my house to find the owner and her boyfriend carrying our stuff out but I parked on the street as to not cause an incident while I waited for the deputy to arrive. The gal dialed 911 and reported me as a stalker while her boyfriend egged me to come on to the property. I stayed put until the deputy arrived. So the deputy gets there and I drive onto the property after him. I told the deputy that I saw the two loading the boyfriends truck and he told me to shut up basically. I tried again and he made me get into my truck and park off the property and stay off the property while my wife was on her way back with the “proof” that we had not been evicted. Still on the street wh
Maria House Esq.
This sort of sounds like an eviction. In Tennessee the Sheriff's office can oversee an eviction by a landlord if there is proper legal process. But you're in Michigan. I recommend speaking to a Landlord/Tenant attorney there for the local rules there.
The fact that this kinda sounds like an eviction has brought great harm to my family. While it sounds like an eviction it wasn't and any sentence using the word "eviction" closes peoples ears to hearing the rest of the story. It was a fake eviction carried out as though there was a court ordered "Writ of Restitution" or "Order of Eviction" when it was not but it was carried out by the Sheriff's Department which immediately makes people think that we had it coming. After all, no Sheriff's Department is going to allow it's employees to use the force and power of the department for unlawful and self serving purposes right? Most states have laws against lockouts. In Michigan this is found in MCL 600.2918 if you care to google it =) In our case, the home belonged to an employee of the Sheriff's Department that didn't care too much for that particular law.
Christine Marie Heckler
You can sue the landlord for wrongful eviction and request treble damages for conversion if she stole any of your property. This would be a very simple and straight forward civil lawsuit under Michigan law. It doesn't address your complaints against the sheriff's department, but it would provide you compensation for the damages you suffered without the complication, uncertainty, and expense of a civil rights lawsuit. It may not be the most satisfying solution, but it is certainly more practical.
Excellent answer! You seem to have immediately picked up on everything actually. You even knew about treble damages! Call me an idiot or call me a Patriot, but I cannot sleep knowing that people get to use my Sheriff's Department to commit illegal acts against me. The commanders of the Sheriff's department both elected and employed have thought themselves shielded by the fact that suing the government is a huge undertaking and one that I have been unable to find competent help with. Out of the stack of rejection letters polluting my file cabinets I have had a couple people actually ask for the job that I wouldn't pay to shovel my stoop, so to speak. You on the other hand have seen the ease in the well established laws that protect tenants to pursue that side and suggest leaving the other side alone. What I am about to say isn't about greed but it is about justice. First, blood from a stone. Second, I have owned rental properties much of my life and know that I would never do to anyone what was done to us. Third, Had this home owner not been working for the department, she would not have been able to do what she did. IE convincing her co-worker, a deputy, to come to the scene and help her carry out a fake lawful eviction. Fourth, why should this woman be the one to pay when she contracted this hit on us through law enforcement itself? Law enforcement should most certainly know better and in this case they did not and the patriot in me wants them to "learn that this is not acceptable". I have stopped looking for a lawyer and now I am looking for a coach(s). As a coach, I can pay you for your time on a contingency fee basis provided we prevail without you having to file an appearance.