Legal Question in Criminal Law in Illinois

Vandalism

I was hit while backing out of a private owned parking around 6:00pm, the lady was very ignorant and everything I called the cops and he said he couldn�t give any citations because they didn�t know who was in the wrong so he just gave us a copy of each others information. So around 5:45a.m. the next mourning I go outside and my car has been egged with the letter N smeared across the back of my window in egg. I am more than likely sure it was her what can I do. Help Please!!!


Asked on 11/24/08, 9:23 pm

1 Answer from Attorneys

Stephanie Galetti Knapp Ohl & Green

Re: Vandalism

I certainly hope you made a police report of the second incident and that photographs were taken. If you have not done so yet, I would suggest trying to make a police report of the incident at this time (it may, however, be too late, particularly if the evidence is no longer present).

Unless you have some sort of proof that the person who hit you the day before was the same person who egged your car and wrote profanities on it, there is likely little you can do. You can mention your thoughts to the police, but without some sort of proof, there is little they will do and there is little a jury (whether civil or criminal) would likely do, since one must have more than a mere belief that someone has done something to prosecute them. Although coincidental, it may be just that - a coincidence. If you have actual proof that this person did this to your vehicle (ie you have surveillance and it's on tape, or you or a neighbor actually saw and can identify the person who vandalized your property, or there are fingerprints that the police lifted from the scene, etc.), you may be in a better position to ask the police to charge the woman (with vandalism and possibly a hate crime) and/or to seek civil redress against her (likely in small claims court) for the damage done to your vehicle. If this is the case, document everything you can, take photographs, get estimates of any damages, keep the police report(s), and then consider speaking with an attorney to file suit on your behalf. Make sure that you are within the applicable statute of limitations for doing so.

Good luck to you. Again, I would certainly make a police report of the incident if you have not already.

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Answered on 11/25/08, 10:50 am


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