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How do i make an officer who has an eye witness to the vandalism in a written statement file charges again the one who did it?

Monticello, GA |

My daughters car was keyed and it cost me 800 plus dollars to fix. The police have taken a written statement from the one of the boys who was with the kid who did it and even said what he used. This same kid also admitted it to the vice principle of the school. My daughter has a Facebook chat with this kid telling her when and how the kid keyed her car. The police are blowing me off and basically are not going to charge the kid. What actions could i take to force the officer to file charges. The kid is a minor and is already on probation for ..yes Vandalism!!!

Attorney Answers 2

Posted

If an officer decides not to swear out a warrant on an individual, then the victim (in your case the owner of the vehicle) can go to the magistrate and make a warrant application. At the hearing, you must prove more likely than not that the defendant committed a criminal offense.

In the case of a juvenile (a child under the age of eighteen years of age), you would have to file a juvenile complaint form.

In either event, the correct charge would be criminal damage to property.

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Posted

YOu cannot force an officer to take a warrant on someone. However, if this offender is 17 years of age or older, citizens can make application for a warrant at the magistrate's office. If the offender is a juvenile, you would have to file a complaint in the juvenile court. Either way, it will be your burden of proving that the crime was committed and that the defendant/juenile is the perpetrator. This will require subpoenaeing the eye witness and the school administrator to the hearing, etc. This is a legal hearing and the rules of evidence and procedure apply. Therefore, you are well advised to retain an attorney for this proceeding.

Allen R. Knox
125 TownPark Drive, Suite 300
Kennesaw, GA 30144
(678) 334-1399

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