Can I get someone arrested for stealing something in my house? 6 Answers as of June 03, 2013

If you leave someone in your house with your permission and they steal from you, can you get them arrested?

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The Law Offices of Seth D. Schraier
The Law Offices of Seth D. Schraier | Seth D. Schraier
Yes. If someone takes something of yours without your permission then this is larceny. If you believe that this has occurred, you should call the police. Make sure that you have all the details necessary for the police, such as their relation to you, how long they stayed in the house, what was taken, when you noticed it was taken, and what proof you have that it could have only been this person who stole it from you.
Answer Applies to: New York
Replied: 11/1/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
You can file a police complaint but it is up to the prosecuting attorney as to whether criminal charges will be filed.
Answer Applies to: New York
Replied: 10/31/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
You can make a complaint to the police, but unless you can prove that a certain person stole something from your house the police may not have enough evidence to get an arrest warrant. This is common when a stranger enters your home, or a person you hire comes into your home and after they leave you discover that something is missing. You cannot prove that someone else did not take the item or that you did not misplace it or lose it. Even if they were the only person in your home, it could have be taken by a burglar or simply lost in some way.It is not fair to arrest someone unless there is probable cause to believe they have committed a crime. The police must either witness a crime or have a supporting deposition to support the criminal complaint that is then converted to a criminal information after the supporting deposition is signed under penalty of perjury. You should have a safe or hide your valuables, especially if you have people in your home. Young people, drug addicts, maids, and your children's friends will often steal valuables and you will not be able to have them arrested unless you have a surveillance camera or a witness.
Answer Applies to: New York
Replied: 10/31/2011
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
Yes.
Answer Applies to: New York
Replied: 6/2/2013
Law Office of Richard Southard
Law Office of Richard Southard | Richard C Southard
Stealing is a crime regardless of whether they had permission to be in your house, as long as they didn't have permission to take the item. Think of a bank robbery. The robber has permission to be in the bank but he doesn't have permission to steal the money. The issue in this case will be whether the police can prove that the person is the one who stole your items. It may be tough, especially if you weren't home at the time.
Answer Applies to: New York
Replied: 10/28/2011
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