Ask Me Help Desk - Am I responsible?

My 18 year old son was convicted of possession of stolen property. He lived with us at the time and the property was found on our property, though it was by breaking & entering on the "victim's" part. Now my son, my ex-husband and I have to go to a deposition on a potential civil case from all of this. Am I or my ex either one responsible legally?

Dumbfounded by the legal system.

The fullest extent of your potential responsibility here will be in your state laws, but from what I've seen, this so often comes down to the judge or magistrate himself. Some are quite lenient if they believe you did not have knowledge of it, and I'd bet there are some who would try to throw the book at you.

All you can do is be humble and respectful and tell your side of it - insisting that you did not know about it if that is the case.

Well this occurred in Indiana and we did not know their was stolen property on our property, so I don't understand why we even have to go to the deposition. I can't understand why a civil suit would be filed against us when our son was 18 years old at the time. It really frustrates me that these people could break into our property and then be able to turn around and try to sue us each for $5,000. I was a firm believer in the justice system until all this happened and now I see that if you have the money to hire a good attorney you can get away with things and that money grubbing people can ruin the lives of others because they are so called "victims". All I can say is that I feel like I am the biggest victim here because one mistake is causing such havoc on all of us.

Remember that possession is 9/10 of the law. Unfortunately, the items were on your property which means they were in your possession.

If I were you I would think about counter-suing the people who broke into your house. You are a victim any way you look at it.

While the 18 year old can be criminaly liable and changed with the theft of the items.

If the stolen items were in your home or on your property, you also can be looked at for criminal charges of receiving stolen property.

Next on civil cases, it is obvoius the 18 year old will not have any money to pay for the damges, so a good attorney will sue any and everyone even slightly connected, The "deeper pockets".

Thus they will try and show that you should have known the property was stolen and that your son could not have been able to pay for or own the prpoerty he had.

I would hire an attorney prior to the hearing, and only answer or even refuse to answer any questions he does not believe you should.

He will want you to make some slight statement of responsibility or at the least show that your son should be held liable.

And if someone broke into your house, you press charges, they can not break into your house even to get back their property, that is still criminal damge to property. And you can sue them for that also.

Theoretically you could be. Was the stolen property on your property/in your possession with your knowledge? If you can convince the judge that you weren't aware of it and made no use of the property whatsoever, for your own or someone else's benefit, then the judge would most likely have mercy on you and your ex in this regard.

Quote:

Originally Posted by tinay

Well this occured in Indiana and we did not know their was stolen property on our property, so I don't understand why we even have to go to the deposition. I can't understand why a civil suit would be filed against us when our son was 18 years old at the time. It really frustrates me that these people could break into our property and then be able to turn around and try to sue us each for $5,000. I was a firm believer in the justice system until all this happened and now I see that if you have the money to hire a good attorney you can get away with things and that money grubbing people can ruin the lives of others because they are so called "victims". All I can say is that I feel like I am the biggest victim here because one mistake is causing such havoc on all of us.

A suit has been filed against you because the stolen property was on your property. Have you pressed charges against the original "victims" for breakng and entering? If not, you should do so right away. Then you can use that as a bargaining chip, in that you can try to convince them to drop the lawsuit against you in return for you dropping the criminal charges against them.