If you are the manager of a condominium complex and you witness
someone attempting to steal property belonging to one of the residents
that lives in the complex, can you, as the manager of this private
property, press charges for the attempted theft?  The police are
telling us that the only person besides the DA that can press charges
is the person that owns the thing that was almost stolen.

From what I understand of the law, I believe only the victim or the
government can press charges.  If you want to bust this person, I
suggest another tactic; how about trying to get him for an offense
against the complex, where you, as an agent of the complex become the
victim?  If no one that has the right to invite him on the premises
did indeed invite him, then the person is a trespasser of the complex,
so I would think that you would personally be able to press charges
against him on behalf of the complex.  Book 'em Danno!

I told this person on two other separate occasions, that they were on
private property and that the thing they were attempting to take
actually belonged to someone that lived in one of the condos.  The
first time I asked that she not return.  The second time, I told her
"Do not enter the grounds of the complex again".  The third time,
which is when I caught her shoving the item into the back seat of her
car I told her that she was banned from ever setting foot on the
grounds again.  It is my duty to protect the rights of those that live
here and I am dumbfounded that I cannot press charges against this
person. This person actually came back to the property last week and
used fraudulent tactics to wangle the item away from the owner, a
thirteen year old little girl.  I guess about 7 days ago, the police
told the thief that they were aware of her past attempts to take this
item, but neither I or the police were aware that she had already come
back onto the property again, until I saw her giving the item back to
the little girl just last week.  I believe that she will attempt to
take this item again I want to press charges against her, but I am not
being allowed to do that.

Hi jewelcat

As far as I know what lies outside
of the person's condo belongs to the
condo property owner. Thus, this 
should be trespassing and you can
press charges for that. As a manager
I would think you should have the
right, and you are pretty much duty 
bound to protect the residents.

Here are some trespass links.
I say make them stop doing this
and abide by your word immediately.
Erect 'no trespassing' signs.

[ http://www.tba.org/LawBytes/T10_1903.html ]

[ http://www.knoxbar.org/Law_Line/T10_1903.html ]

[ http://www.franklincountysheriff.com/faq.htm ]



*As always answers.google should be considered
a source of information and never a replacement
for true legal advice. Laws vary depending on 
state.

good luck
-AI

Depending on the laws of your state, I believe you have every right to
arrest the person.  I once had a guy attempt to place me under arrest
for running a stop sign (Arrest is the formal term, the offic would
have cited and released me for such a small infraction).  He called
the police and the officer was ready to make the citiation.  I stuck
to my story that I did indeed stop, but that I stopped shorter than
normal of the line and behind a vehicle.  He decided not to press
charges, probably because the officer told him it was likely there
would not be a conviction and then he would be on the hook for false
arrest.

However, one time another person came up from behind and hit a friend
of mine across the jaw without provication.  It was the middle of the
day as we were leaving Round Table Pizza.  His story was that we were
flirting with his girlfriend.  Whatever.  At any rate, my friend was
the victim.  Since my wife and I both have concealed weapon permits, I
drew my wife's gun from her purse and enforced an arrest.  The police
showed up and detained me at first since I was the one holding the
gun.  After they learned what happened and that this man was my
prisoner, they returned the gun to me and took him away.  He was
sentence to 90 days and plea bargained the felony down to a
misdemeanor.

As well, in California, if you witness a Felony in progress, you are
within the limits of the law to use up to deadly force to stop the
crime, especially if there are lives at stake (ie. a person robbing a
bank at gun point).  That is another debate all together that I don't
want to get into, but my point is that you can arrest another person
even if you are not the victim.

Finally, I think the two previous posts are right on about you being a
victim also in this incidient.  However, I would be cautious about
pressing charges for the burglery--what if they are friends with the
owner and the owner actually gave them permission, or what is the
owner is unwilling to tell the police that he didn't give this person
permission.  Some people will allow more than others to avoid
confrontation with the police.  Also, don't always go by the word of
the police officer as an authority of the law.  There are many, many
cases out there where the police officer loses.  I personally have won
several court cases against a poice officer in traffic court.  On the
other side, he was probably advising you in such a manner because he
wasn't sure you would get a conviction and therefore be liable for
false arrest.

Good Luck,

Rich

Thanks to everyone here for your support and your advice.  The thing
about this situation is that there is reason to believe that this
person has committed other thefts in the area, and I don't mean just
in my condo complex, but other areas all over town.  Many residents of
our entire community here are missing similar items, in which they
were reported to have just vanished into thin air.  I didn't know
about the other incidences, when I had my run ins with her and when I
found out about all of these other residents missing the same thing
(it was all over the news a couple of weeks ago) then I realized what
I had witnessed and who I had caught.  The police have been telling
the other residents that they can't do anything unless someone catches
the thief in the act.

Well, I immediately rose to the occasion, because I did catch this
person, and it is who everyone had suspected.  This is why it is mind
boggling that the police don't arrest her, remember this last time she
used fraudulent means to get the little girl to give her item, and it
was when she found out that we were on to her, that she all of the
sudden (albeit 4 days later) brought the item back to the little girl.

I think that I will do my best to insist that charges be brought
against her, if not for anything else, but for the fact that she
played upon the emotions of a minor, to order to obtain possession of
the item.

Thanks for all your help!

In what state did this occur?

This occurred in California.

A general comment - not based upon California law.

Ordinarily, to prosecute a misdemeanor, the victim must agree to the
prosecution. There are an increasing number of exceptions to this
rule, particularly in the area of domestic violence.

For a felony, the state can press charges even if the victim doesn't
want to prosecute. There are practical reasons why that sometimes
doesn't happen - for example, sometimes without the testimony of a
cooperative victim there is no chance of prevailing at trial.

Some jurisdictions have a provision whereby if the prosecutor refuses
to authorize charges, a private individual can post a bond to
guarantee the cost of prosecution and compel the prosecutor to pursue
the charges. (I don't know if this is the case in California.) The
bond is ordinarily refunded if there is a conviction. This type of law
is rarely used, as prosecutors usually prosecute the stronger cases on
their own initiative, and people rarely want to risk their own money
by trying to force a prosecution for a weaker case.

I do not know if such a law exists in your jurisdiction, or if you (or
your employer) would qualify to post a bond under any such law in your
jurisdiction. A cheaper and safer alternative might be to look into
getting a restraining order, which would prevent this person (on
penalty of arrest and contempt charges) from entering the property or
premises of the condominium. Whether or not you could obtain such a
restraining order, once again, is a state law issue. Usually you can
get a brochure or pamphlet describing the state's laws, and how to
apply for a restraining order, at the courthouse.

Is theft a misdemeanor?  When you say that we can post a bond to
ensure prosecution, how much does this normally cost?