Crime: Robbed !! You and your spouse come home after a nice dinner and a movie. Opening the front door you switch on the overhead light to see the living room in total disarray and immediately see your television and computer are gone. From you lips come the words, “I’ve been robbed!” Well, not really. Robbery occurs when a crook puts a knife to your throat and takes your wallet. Crooks who break into an unoccupied house and take goods commit burglary. You’ve been burgled. Feel better now? Upon discovering a burglary the best thing to do is leave the area and immediately dial 911. Follow the 911 dispatcher’s directions. Do not enter the house looking for burglars or trying to retrieve valuables—burglars can become violent when cornered. Police are armed and trained in house clearing, let them do their jobs. After the police have cleared the house they will gather evidence, take your statement and ask you to sign a Victim’s Rights Form. Signing the form establishes you wish to assert you rights as a victim. You will be given a Victim’s Rights Pamphlet. More on this later. Likely the first order of business is to secure the building to protect your home and yourselves. Now document the loss. Begin listing items taken and note damage done to property (i.e., shattered door jambs, broken furniture, etc.). Take pictures of the overall scene and specific damage. Calling the insurance agent is the next step. The insurance adjusters will need the police report number, your listing of items taken and an assessment of damages done to the property. A claim file will be opened and the first steps toward a settlement begun. The adjuster may need to visit the scene. The police will also need a listing of items stolen. Here is where accurate descriptions supported with pictures and serial numbers become so important. “Dell computer” is not much to go on when trying to find stolen property. “Dell computer model D610 Notebook PC serial # xxxxxx with a silver case” gives police investigators a specific item to seek. Should police detectives find a Dell computer model D610 Notebook PC serial # xxxxxx with a silver case in possession of a suspect, the first description would be insufficient to justify an arrest; the second would justify an arrest and might lead to a conviction. Additionally, items recovered by police during their investigations can only be returned if ownership can be properly established. Many times police have taken custody of items from TV’s to computers to firearms but been unable to locate owners because crime victims did not provide sufficient information to prove ownership. Remember, all TV’s, computers, shotguns, etc. are basically the same—specific makes, models and serial numbers are needed to differentiate. If a suspect is identified and sufficient evidence gathered, the County Attorney’s Office will file a complaint. Remember the Victim’s Right’s Form you signed? Under Arizona law victims have many rights once a complaint has been filed. These rights include being kept informed of steps and developments related to prosecution, probation, incarceration and release of the criminal and restitution for damages. Victims may also give input at various stages of prosecution, sentencing and etcetera related to the case and incarceration. Shortly after a complaint has been filed the Graham County Attorney’s Victim/Witness Program Office will mail you a Victim’s Restitution Statement and other information. The Restitution Statement allows the victim to list items taken, damages done and any expenses incurred as a result of the crime. Monetary values are assigned by the victim and totaled. This listing will be used in a restitution hearing held once a perpetrator has been convicted. This will be at least the third time you will have listed your lost items. Try to keep the lists consistent. The Restitution Statement is only applicable after a defendant has been convicted or pleads guilty to the burglary of your home. After the conviction a “Restitution Hearing” is held. The prosecutor, the victim (if he wants to), the convict, the convict’s attorney and a Superior Court Judge gather to set the amount of restitution due the victim. As with insurance claims, restitution claims must be reasonable and supportable by the facts. Claiming a certain coin was worth $5,000 when similar coins can be found commonly for $100 or even $1,000 may result in challenges by the convict’s attorney and considerable squabbling. Ultimately, it is the judge sets restitution amounts. Once a restitution amount has been set, the convict now owes that money to you, the victim. If the convict is sent to prison, a portion of wages earned may be garnished, and checks sent to the victim. Bear in mind however, convicts only make fifty cents per hour for work performed, and only a portion will be garnished. It will take a long time to pay back $2,500 restitution. Think of it this way, your restitution is costing that convict a few candy bars a month. Maybe that will be satisfaction enough. If the convict is placed on probation, a monthly restitution fee will be set. The probationer will be expected to pay to the Clerk of the Court so much each month as restitution to the victim. It is the responsibility of the Probation Department to monitor payments and make sure the probationer is keeping up with restitution payments. Failure to make restitution can lead to violation of probation and ultimately revocation of probation. Depending on your insurance company, the values of goods stolen and many other factors, you should some one to six months after a burglary receive a settlement check. When listing items stolen, complete descriptions with specific makes, models, serial numbers, etc. are powerful points in getting a fair settlement. Do not try to balloon values as insurance adjusters might contest dollar amounts, delaying settlement and leading to questions on the overall claim. Do not add items not actually taken (we need a new TV, let’s toss out the old one and use insurance money to pay for a new one) as this is insurance fraud and can be prosecuted as a felony. Do not invent stolen items. I know a man who tried to help a buddy by signing a statement his friend had owned a certain item claimed to have been destroyed in a fire. The insurance company proved the item never existed, prosecuted and the man spent three years on probation for insurance fraud. The worst part is he would not have gotten a dime from the claim—he was just trying to “help a friend” who needed corroboration for an insurance claim. Also, once the insurance company has paid your settlement for stolen goods, you no longer have a claim to those goods. Should any of the compensated goods be recovered by police, they rightfully belong to the insurance company. If the police call to say they have recovered your stolen laptop—the one the insurance company paid you for—and you go to the police station to retrieve the computer you could be guilty of insurance fraud. You need to inform police you have been compensated by insurance and let the insurance company know the computer has been recovered. If you want the computer back, the insurance company will likely let you return the settlement or otherwise buy it back. They probably would rather have cash than your computer. However, none of the many steps ever truly restores life to a pre-crime condition. Victims of burglary suffer more than loss of things; they suffer a loss of innocence. Burglary victims feel violated and will never feel quite as “safe” as before the crime. This sense of insecurity is normal, and should be channeled into positive action. Burglary victims should be aware that all too often once is not enough. Burglars know people are creatures of habit. Some three to six months after being burgled, victims will have had time to receive insurance settlements, purchase replacement goods and resettled their lives. What better time to break-in and steal all the neat new stuff. After a burglary, a complete reassessment and serious improvement to security measures is a necessity. Immediately and in earnest—this is not the time to procrastinate or pinch pennies In the end the best way to deal with crime is through prevention. This article is a very much abbreviated description of the complicated, time consuming and lengthy process of dealing with a simple burglary. Crimes involving extensive property damage, personal injury or even death are much more complicated, take far more time to handle and can be devastating emotionally and economically. Be aware, be prepared, take preventative measures and don’t be a victim. |
