What can be done about lack of police protection?
Question Details:
My sister has had an ongoing problem with gangs in her neighborhood vandalizing her home and vehicle over the past four months because my nephew was in a rival gang. These kids are both juveniles on probation and adults. She has over ten police reports and nothing has been done to detain or prosecute these gang members. The local police department doesn't help I suppose because of my nephew's past but she has two younger children and nothing is being done to protect any of them. She has already contacted the sheriff and he has not done anything either. What can she do?
Criminal Defense Law Answers
There probably isn't anything that she can do as far as taking the police to court and having a judge order them to do something, or to get money damages. Most states have laws that seriously limit the ability to do this, and even where there isn't anything on the books, courts start from the position that police departments have limited resources and can't solve all of the law enforcement problems because of that. So the police department gets a lot of leeway to decide what they do, and don't, put serious effort into, as long as they aren't being totally unreasonable or acting with improper motives (such as illegal discrimination).
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