Does it really cost a lot to prosecute someone?

Question

I don't want to keep you reading long so I'll sum it up:

I got in a fight with a dude and won. That night I then went to work a nightshift at a factory, and I had left my door to my house unlocked (small town, everyone knows each other, you know the story) When I came back home, I found the place ransacked, several electronic equipments missing including a relatively new laptop, and a note written in block writing saying "Now what, M.F.?"

I went out to my car to get my cell phone to call the police when I noticed a piece of paper on the ground--a paycheck stub with his name on it.

I actually laughed cause I knew this dude was a cooked goose. The cop came, took a statement, took fingerprints and pictures, took the taunting note and paycheck stub and said they'd get on it.

A week later, the officer told me that they got in contact with him, and that he voluntarily let him search the house but none of the stolen property was found. He said he told him that he came over to my house to confront me about some whatever made up story, we got in an altercation, and the stub must have fallen out then. However, he refused to take a polygraph test or give a handwriting sample.

A year passed, and everytime I asked the cops about it, they'd tell me in so many other words to just let them do their jobs.

I bugged them enough, and they got a search warrant for the guy's handwriting sample. For some reason, it took FIVE MONTHS for the results to get back! And it was inconclusive. I asked for them to just turn it over to the prosecutor anyway, but they said they wouldn't because the case was weak and the prosecutor wouldn't file charges with only one piece of evidence, and that they just can't throw every suspect on trial cause trials cost a lot.

I KNOW THAT PUNK DID IT!!! How is it expensive to jail him a couple of months (assuming he might not make bail) and putting him on trial and asking a jury what they think?!? I'm a victim here, and they're just letting him walk!!!

How much does it cost to prosecute for a breaking and entering charge?

Answer 1

It's not a matter of cost of prosecution. No one worries much about cost. Some are very expensive, like capital cases where it will be a very long trial with a number of experts testifying. But they have to be done, anyway. In your case, it's just that the case is not one the State can win. The police don't know you or him. In a contest of who's story is more true, there's no physical evidence to settle it. Handwriting examination is next to worthless as evidence. About all it's good for is to help the investigator maybe settle something in his own mind. You just don't get the kind of conclusions you can do much with. Stories in which handwriting is positively identified as being done by one person are fiction. He could be arrested. There's just enough for that, but it can't be justified. Given the evidence, he can't be convicted. If an off jury did convict him on that evidence, it would be reversed on appeal. In all, a waste of resources. It's unlikely you could win a civil suit, which requires much less proof. No chance for a criminal case, as it stands. The agency is to be congratulated for not sending it over for prosecution. It would only be rejected. Too often, an agency will send over a poor case, just to get the complainant off their back and make the prosecutor the bad guy.  

Answer 2

Cops are useless and they have no interest whatsoever in getting your property back.  Accept that sad fact and the rest is easy.  You can in some states file charges without a police officer witness, but it's much easier if the state brings the charges.  To make a claim in civil court you are going to have to prove he has the items and probably sold them.  You would need the person who bought it to testify.  Sorry you are having to learn how lazy the cops are about doing their job.

Answer 3

Sorry to tell you but if the police do not submit the police report to the DA, then it will not be prosecuted.  Once the police report comes across the DA's desk, the DA has absolute discretion to file charges or not.

For everyday purposes, if a cop says that they do not have a case, no DA in his right mind would file a case, as when the cop takes the witness stand, the weakness in the matter would come out.

You should be thankful that no charges were filed against you (and the guy) for the fight.

As for the cost, every jurisdiction is different, but a trial can easily cost the taxpayers several thousand dollars per day.

Sue the guy in small claims court for the loss of the computer.

Answer 4

Only the government can prosecute a criminal case.  You can sue in civil court, but it would cost more than it is worth.  Do you not have insurance on your personal items?  

Answer 5

Just because you think someone did it, the police must have proof or reasonable suspicion that the person did it before they can even apply for a search warrant. Furthermore, search warrants are specific, they can't just rumage through someone's house and think they are going to find something. It doesn't work that way.

You can't have someone prosecuted unless there is proof that the person did it.

When considering costs, you must consider that the inmate has to be fed 3 times per day, clothed, have his clothes washed/dried, have water and electricity, restroom facilities, etc, staff to watch the inmates, etc. The costs of housing an inmate are available online from various sources, but it's not cheap. Furthermore, the DA who prosecutes the case is salaried, but figure $50/hour for the Defense Attorney and DA per hour in court, and per hour working on and preparing the case, plus the judges time, and if the particular county pays jurors...yes it's expensive.

Which is why frivolous claims don't get persued