Saint Paul, MN asked in Criminal Law and Probate for Minnesota

Q: A woman entered the apartment of a deceased man and began removing all the property. When the police arrived, the woman

Lied to police and said she was 'next of kin'. The police required zero proof. Now the man's girlfriend and their children have nothing. The police, Sheriff, etc refuse to take a report of the crime. It has been more than 2 years. Can anything be done?

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3 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Saint Cloud, MN
  • Licensed in Minnesota

A: Your best bet would be to take the woman to small claims court. Ultimately that’s the only option if authorities aren’t willing to prosecute.

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: There are several things a person can do in an attempt to encourage police and prosecutors to investigate and prosecute. But only the government can prosecute a criminal charge. Anyone can commence a civil lawsuit, though. A civil attorney may be helpful in pursuing a civil claim. Or if the loss is small enough, a person can easily begin their own civil suit in conciliation court. Regardless, keep in mind that the passage of time will destroy rights to make a criminal or civil claim in court. Consult an attorney willing to fully investigate the facts of your potential claims about the applicable statute of limitations period and other important issues.

Mark William Perron
Mark William Perron
Answered
  • Criminal Law Lawyer
  • Hugo, MN
  • Licensed in Minnesota

A: You will certainly want to go the civil route if police are unwilling to investigate. This would seem to be the case considering it has been two years. If you are in Minnesota, you can bring a claim in small claims court. The cost I last checked was $60.00 to file and the claim must be for under $15,000.00. This would be the quickest way to proceed if the claim is that low.

All the information you need:

http://mncourts.gov/Help-Topics/Conciliation-Court.aspx

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