When Can You File Criminal Charges?
Before filing criminal charges, you need to have legal grounds to do so in order to prevail. For our purposes, we will look at three common issues: fraud, theft by deception, and theft.
Fraud:
Fraud is not a simple word that encompasses all that is bad in the world of contracting. Fraud has a well-defined legal meaning that must be satisfied in order to hold a contractor liable. The legal meaning of fraud is an intentional misrepresentation or intentional omission of a material fact. This must be done in order to convince the party to do something they would not otherwise do. In the contracting context, it could mean that the contractor intentionally lies about costs, intentionally omits costs of their estimates, or performs work intended to decrease the value of what you are paying vendor to do the work. It is important that these misrepresentations are intentional, because if they just mislead you unintentionally by mistake, then it is not fraud.
Theft by Deception:
Theft by deception is very closely related to fraud, and the law appears to recognize that they are equivalent . To prove theft by deception, the law requires a systematic failure to deliver required goods, services, or other consideration that is based on deceptive practices. It would mean that they systematically failed to deliver goods and services based on a deliberate misrepresentation of value. Many contractors will do this by removing plumbing and electrical fixtures, HVAC equipment, etc. from the home in order to save money. This is not theft by theft by deception, because they cannot adequately show that this was done based on intentional misrepresentation. The contractor may be intentionally misleading you about the costs by leaving out expensive items, but this is different than proving this was done for the purpose of devaluing or failing to deliver the goods.
Theft:
Finally, there is basic theft. This is theft of the goods and services once delivered to you. Many contractors will outright take things from your house. This is a simple case of theft, and this does not require a contractor to intentionally mislead you, like I mentioned above. If they take something from your house, it is theft, plain and simple.
Putting Together the Evidence
When you plan to file criminal charges against your contractor, you want to make sure that you have enough evidence to support your case. That evidence may consist of anything from your contract with the contractor to communications or witnesses to your contractor’s failure to follow the contract specifications or terms, or even failure to complete the job at all. Although a contractor may try to talk you into believing that a breach of contract claim is the better option, criminal charges may have more of an impact on your contractor’s business than a civil suit would. To prove the crime of fraud, you will need a significant amount of information from your contractor, including documentation that shows that the contractor has violated the Ohio Revised Code. This may include the following: Any of these types of evidence may be sufficient to file criminal charges against your contractor. In some cases, having one piece of evidence can be enough if it is used in conjunction with a witness or other supporting information. Because every case is unique, consult with an attorney to see how to best handle the evidence you have on hand. An attorney will be able to help you obtain necessary documentation from the contractor as well as witnesses if needed. The following types of evidence may be helpful in a criminal case: All of these pieces of evidence will help your attorney to prove your case and pursue criminal charges against your contractor. Because it is difficult to know exactly what kind of evidence you will need, document everything about the situation, including the final cost of the job or how much was paid, any communications between you and the contractor, and any evidence of how the contractor’s work was not up to standard. Criminal charges are not automatic even if it is clear that the contractor committed fraud. An attorney can help you to determine if there is enough evidence to support a criminal case, or if the only possible recourse is a civil suit. Although you may believe that your contractor has stolen your money, an attorney may not be sure if you have enough evidence for a successful criminal case. If not, he or she can help you determine what to do. Even if you think that there isn’t enough evidence to file criminal charges, you should document everything. You should also consult with an attorney before making a decision, or you could end up in a situation where criminal charges could be brought, and you don’t have enough evidence to prove your case. Consulting with an attorney can help you ensure you have enough evidence to file a criminal case, and to gather that evidence if you don’t already have it. You should first contact an attorney to discuss your situation, and then have your attorney gather additional information if he or she believes that it is necessary.
Consulting and Working with an Attorney
While filing criminal charges against a contractor may seem straightforward, the intricacies of the law often require the input of an attorney specializing in criminal matters. The laws pertaining to criminal charges vary widely and are subject to frequent changes. An attorney who is well versed with the law will be able to not only inform you of the current law, but will also be familiar with the various local and county rules for processing criminal charges. Further, an experienced criminal attorney will know how to effectively navigate the legal system. For example, an attorney will know where the relevant court filings are located and the quickest method for filing such records prior to a criminal charge being filed. An attorney will also know how to effectively navigate the Clerk of Court and the District Attorney’s office once a criminal charge is filed. Simply put, speaking with a criminal attorney can save you a considerable amount of time, and might even spare you from additional headaches or problems regarding your case. An experienced criminal attorney will have clients who have been in similar situations and will be familiar with the process involved. This experience provides the attorney invaluable knowledge of the process, which he or she can then pass on to you.
Involve Authorities by Filing a Police Report
The next step, if you think you have been the victim of a crime, is to file a police report. When the pro scumbag has defrauded you, you must make a police report if you want the police to investigate this activity. Also, if you are planning to file a construction defect lawsuit, you will want a police report for your attorney. But even more importantly, a police report will help keep this person from scamming someone else.
The police will take your report and put it in their database. When they have someone who commits a crime and they run his name through their computer, your report will show up. If the police believe this contractor has been ripping people off, they would start an investigation and they might be able to stop him from defrauding others. If the police do this, you will not be involved in the investigation or the prosecution and you will not have to make a statement to anyone.
The police may not be able to find the contractor. If the contractor is a real loser, most likely he has worked with Title 22 contractors or otherwise registered with the state. The police can ask this office for home addresses, social security number, birth date, phone number, and a picture. Many times, the contractors will mail renewal information to the owner of the business. This should be done every renewal.
When the police have all this data, they will send a letter: "Dear Mr. Scumbag, we are missing you at Title 22. Please call me at this number and get me your current address because we have some paperwork that must be hand delivered. After this date, we will put out a bench warrant for you as a deadbeat trickster."
Most likely, scumbag will pay his registration in order to avoid a bench warrant. Now, the police can act on your case with a telephone number, pictures, etc. They know this man is a real nut case and they will prosecute.
Most of the time, the police will not use this information to go after contractors. It is not their job so you still need a private attorney for your case and building.
The Prosecutor’s Role
Once all of the evidence has been gathered and reviewed, it will be time to present your case to the prosecutor, the office responsible for filing a criminal charge. At this meeting, you will recoup any money you may be owed. A prosecutor will be aware of what red flags and signs to look out for. The prosecutor will be able to build a case and decide if it is strong enough to move forward with criminal charges. Criminal charges are not filed if there is no proof that a contractor has defrauded a homeowner or a business in some manner. This proof must be hard evidence presented in court. The prosecutor will review the information provided by the victim to determine if enough evidence exists to meet the burden of proof . The burden of proof is the level of evidence necessary to find a defendant guilty. It is more than a mere suspicion or belief that something has happened. It is generally a reasonable belief that there was a fraud or theft carried out by the contractor. Criminal charges can be filed if the prosecutor believes there is sufficient evidence to prove beyond reasonable doubt that the defendant committed a criminal act as alleged. The prosecutor has the opportunity to increase the severity of the charges if necessary to secure a serious punishment or fine. There are various types and levels of crimes that a contractor can be charged for, and the corresponding penalties vary based on the complexity of the violation.
What Happens Next?
The outcome of the case could vary depending upon how strong of a case exists against the contractor. Even if the contractor is found guilty, remedies are limited. However, filing criminal charges is sometimes the best way to make a contractor move forward and honor their contract.
If the criminal charges are filed and the contractor is found guilty, then he/she may face one or more of the following penalties: A contractor can also file a civil lawsuit against the consumer for defamation of character for filing criminal charges but this is rare. A civil suit can cost thousands of dollars to litigate, so make sure that you put the time, energy and effort into organizing your evidence so that the criminal court will believe the story you’re trying to tell. Once criminal charges are filed, the burden of proof is on the prosecutor to prove the case beyond a reasonable doubt. The prosecutor needs to prove the following points: If you have the time and resources to wait several years for trial to take place, and your damages are enough to justify going to trial, then filing criminal charges could be the best option. Otherwise, a settlement may be the best option for you.
Pursuing Alternative Means of Resolution
There are often several alternative options available apart from filing criminal charges against a contractor. For example, you may have mediation option through the Registrar of Contractors. This mediation may be particularly effective if the consumer and the contractor already have a previous relationship that may not be work-related. If you have to file a lawsuit against the contractor , try to resolve the matter through the courts rather than with the criminal system. Any settlement agreement reached in a civil lawsuit may be enforceable through the court system in the event of a default.