My question involves court procedures for the state of: Nevada
Sorry for the long post, but it's an interesting case that I haven't ever heard of anyone having before so it takes awhile to explain the details. I saw one case online where a pizza place accused a guy of robbing them which was proven wasn't him and he's suing for like $50,000, but every lawyer I've called said they don't handle these cases and to try small claims.
On Mar 22 2014, someone who was using my stolen drivers license attempted to use it to return store merchandise at a large Nationwide retailer. Later on after I got copies of the store surveillance video it showed that the person was in fact not me by obvious tattoos among other things. The video also shows that the store worker when taking my ID from him did not even so much as give him a glance to see if the ID matched the person. She apparently became very suspicious immediately (according to the police report) and called loss prevention who is seen moments later coming into the video and standing behind the person using my ID to attempt the returns without receipt.
The woman handling the exchange eventually lets the guy do 1 return and hands him back the rest of the items in a shopping bag. He then takes the bag into the store, with the loss prevention girl seen trying to stealthily follow him and keep an eye on him. Although its hard to see in the video, he apparently takes the security wrapping off from a 100 dollar wrench of some sort and puts it in his bag and heads for the doors. The loss prevention girl is seen trying to stop him and he walks past her to the door. The next video is from the outside camera where he is seen running out of the parking lot with her and another store employee trying to chase him down.
According to the police report, the unseen incident that took place between video from inside and outside was the loss prevention girl trying to grab him to detain him and then he took off running causing her to fall and "scuff her knee" and him getting away. A couple of hours later I was pulling into my apartments when I had police cruisers cut me off from the front and rear of my car with guns pointed at me yelling to get out of the car. I kept telling them I had no idea what it was about, they asked to see my drivers license which I showed them. They asked why I had 2 drivers licenses and said that my wallet was stolen and was close to expiring anyway so I just got a renewed license instead of a duplicate.
I could tell that they started to have some doubts after that, but they sent a cruiser to the store to bring the loss prevention worker to my place to identify me. They had to keep pulling closer and on the police report it said that she stated I "looked somewhat different but she was 80% sure" it was me and they asked why not 100% shesaid "because he changed clothes" They then arrested me on charges of robbery, burglary and petit larceny. While I was in booking I guess the DA decided to proceed with just the robbery charge and not the other 2 causing my bail to be $20,000 instead of $40,500. I bailed out through a bailbondsman after a day or so for $3000 non refundable fee. I went through 6 months or so of court proceedings until I got copies of the discovery and video which showed a guy with large tattoos on his arms, and finally got my public defender to convince the DA reluctantly to dismiss the case due to lack of evidence.
This happened a little over 2 years ago and I was told by the clerk at civil proceedings that I could still file it being around 2 years and just as long as it wasn't too far past that. In nevada small claims can be filed for up to $10,000 dollars. I would like to recover at least the $3000 in bail that I lost, along with something due to the damage of my reputation with the robbery and burglary charges still being on my record with the disposition reported as "no disposition" It surely will cause me to not be given a second look for many things requiring a background check (jobs, apartments etc) Not to mention the stress, anxiety and time it's caused me to go through. I have heard that it's unlikely to get anything in small claims for defamation of character, or emotional distress, but the clerk told me that I could it would just be up to the judge. So I am wondering what dollar amount I should realistically file the claim for. I know it will cost me about $1500 for a lawyer to get my record sealed of that charge. With the bail I paid that would be $4500 and I was thinking of making it for $7500 total due to reputation damage (or defamation possibly) and emotional distress. I figured if those are deemed not eligible to seek damages for they can just be thrown out and thus making the case for actual monetary damage. Also I haven't ever send a "letter of demand" as I never heard it was necessary until just the other day.
I was going to file this through an online company that does the filings and process service and sends demand letter to simplify the process. (Is this a good idea? I read lots of positive reviews online about them)
Any advice on the monetary amount I should realistically try to file for or anything else would be appreciated
Sorry for the long post, but it's an interesting case that I haven't ever heard of anyone having before so it takes awhile to explain the details. I saw one case online where a pizza place accused a guy of robbing them which was proven wasn't him and he's suing for like $50,000, but every lawyer I've called said they don't handle these cases and to try small claims.
On Mar 22 2014, someone who was using my stolen drivers license attempted to use it to return store merchandise at a large Nationwide retailer. Later on after I got copies of the store surveillance video it showed that the person was in fact not me by obvious tattoos among other things. The video also shows that the store worker when taking my ID from him did not even so much as give him a glance to see if the ID matched the person. She apparently became very suspicious immediately (according to the police report) and called loss prevention who is seen moments later coming into the video and standing behind the person using my ID to attempt the returns without receipt.
The woman handling the exchange eventually lets the guy do 1 return and hands him back the rest of the items in a shopping bag. He then takes the bag into the store, with the loss prevention girl seen trying to stealthily follow him and keep an eye on him. Although its hard to see in the video, he apparently takes the security wrapping off from a 100 dollar wrench of some sort and puts it in his bag and heads for the doors. The loss prevention girl is seen trying to stop him and he walks past her to the door. The next video is from the outside camera where he is seen running out of the parking lot with her and another store employee trying to chase him down.
According to the police report, the unseen incident that took place between video from inside and outside was the loss prevention girl trying to grab him to detain him and then he took off running causing her to fall and "scuff her knee" and him getting away. A couple of hours later I was pulling into my apartments when I had police cruisers cut me off from the front and rear of my car with guns pointed at me yelling to get out of the car. I kept telling them I had no idea what it was about, they asked to see my drivers license which I showed them. They asked why I had 2 drivers licenses and said that my wallet was stolen and was close to expiring anyway so I just got a renewed license instead of a duplicate.
I could tell that they started to have some doubts after that, but they sent a cruiser to the store to bring the loss prevention worker to my place to identify me. They had to keep pulling closer and on the police report it said that she stated I "looked somewhat different but she was 80% sure" it was me and they asked why not 100% shesaid "because he changed clothes" They then arrested me on charges of robbery, burglary and petit larceny. While I was in booking I guess the DA decided to proceed with just the robbery charge and not the other 2 causing my bail to be $20,000 instead of $40,500. I bailed out through a bailbondsman after a day or so for $3000 non refundable fee. I went through 6 months or so of court proceedings until I got copies of the discovery and video which showed a guy with large tattoos on his arms, and finally got my public defender to convince the DA reluctantly to dismiss the case due to lack of evidence.
This happened a little over 2 years ago and I was told by the clerk at civil proceedings that I could still file it being around 2 years and just as long as it wasn't too far past that. In nevada small claims can be filed for up to $10,000 dollars. I would like to recover at least the $3000 in bail that I lost, along with something due to the damage of my reputation with the robbery and burglary charges still being on my record with the disposition reported as "no disposition" It surely will cause me to not be given a second look for many things requiring a background check (jobs, apartments etc) Not to mention the stress, anxiety and time it's caused me to go through. I have heard that it's unlikely to get anything in small claims for defamation of character, or emotional distress, but the clerk told me that I could it would just be up to the judge. So I am wondering what dollar amount I should realistically file the claim for. I know it will cost me about $1500 for a lawyer to get my record sealed of that charge. With the bail I paid that would be $4500 and I was thinking of making it for $7500 total due to reputation damage (or defamation possibly) and emotional distress. I figured if those are deemed not eligible to seek damages for they can just be thrown out and thus making the case for actual monetary damage. Also I haven't ever send a "letter of demand" as I never heard it was necessary until just the other day.
I was going to file this through an online company that does the filings and process service and sends demand letter to simplify the process. (Is this a good idea? I read lots of positive reviews online about them)
Any advice on the monetary amount I should realistically try to file for or anything else would be appreciated
Filing a Complaint: Filing a Small Claims Suit and Damages I Can Realistically Seek Therein
Aucun commentaire:
Enregistrer un commentaire