Illinois

I am 52 years old, I was arrested today on theft charges. I stole nothing. I asked to have a copy of a lease. I told the woman I needed to take a copy of a lease to an Atty that I had talked to earlier today.

I was trying to arrange for a constructive eviction, I think this is what it is called.

Anyway when the lady handed me the lease I got in my car and drove off with the lease.

Within twenty minutes I was in handcuffs and arrested for theft.

I did not take anything. She handed the lease to me. I would have given it back after I made a copy. She refused me a copy, told me she would give me a copy after I paid $!00.00.

I was held from before 1pm until 5:10pm, during this time I had to use the restroom, I was sent into a glass room with a behind a locked door. There was an arrestee in there laying down, it was a male and I am female. I walked around a concrete wall that was about waist high it was filthy and the toilet was filled, even had a toothbrush in it. The floor around the toilet was filthy, they had my shoes. I was wearing only socks and advised I could urinate there. This was more than discusting, it was scary and urinating with a stranger who had also been arrested of an opposite ***.

How could this be a legal arrest she gave me the papers in front of two witness's?

Am I entitled to know who owns the home I am renting? Am I entitled a copy of a lease that they will not let me out of? Do I have to pay them money before I get a copy? Was it really theft? I have never stole anything in my life. I need a good Atty. Please advise. Should this have been a criminal case? Or should it have been a civil case?

Few questions. Whose lease is it? Is it yours? Your son? He should have been given a copy of the lease when he moved in and signed it.

Also, I am confused----if you wanted a copy, why didn't she just turn around, and put it in the copy machine and give you a copy? Certainly she wouldn't let you have the original.

Did you get angry, and walk out with it?.

That part doesn't make sense. If all you wanted was a copy, why didn't she just make you one? Was it because your name isn't on the lease and you aren't party to it? Is it possible you asked to view your sons lease, and then TOOK it so they would have no record of that transaction? Is that what they are saying happened? You say she refused you a copy---that is probably because you aren't party on the lease. Here is where your story breaks down---

If she REFUSED you a copy, why would she give you the original?

She refused you a copy and you took the original with the intent of bringing it back, right? You admit she wouldn't give you a copy---so it makes sense she wouldn't give you the original. You said she refused you a copy, then you said she GAVE you the original in front of witnesses. This makes no sense. What makes sense is that she gave you the original to VIEW, and refused a copy and said you have to look at it HERE. You insisted you wanted a copy so you took the original with the presumed intent of bringing it back after you made the copy she refused to give you. That is theft, as you have it posted here.

Yes, you have it right. My son was there. He signed a lease months ago, with the promise that a copy would be mailed to him. A copy was never recieved. My son had been calling this person trying to get a copy and we needed to know what the contract said about breaking it or sub-leasing options. She was very un-cooperative with him. I tried to assist him.

Last Friday at 5:08pm he recieved a call from her first she had returned in a week or two . I told him to ask for the Owners name and address as we were getting no where with her, I thought we would send him a certified letter explaining my sons need to break the lease. She refused to give the information, but told my son if he would meet with her at the home on Monday with one hundred and fifteen dollars cash, she would them provide him a copy of the lease. That is why I assumed I was reading a copy, she was wanting him to give her the money with a verbal promise that she would then allow a sub-leaser to move in and provide a copy of the lease?(the sub-leaser was already moved in when we arrived) I asked her for a copy of the lease explaining that we had no idea what he agreed to. She then said, "oh well I don't give copies until after I recieve the deposit and first months rent.
But earlier she said she had mailed him a copy.

I said we need to see a copy of the lease at which time she handed me the lease and I began to read it. I put it in my pocket told her thank you. I backed out of her drive came home was going to make a copy for our Attorney and before I could do anything the police were at my door she drove up. She identified me and the officer spun me around and slapped the handcuffs on me. I was under arrest.

We did not destroy the document, we had plenty of time to destroy that document. I am not under-handed I intended to get him legally released from the lease. I was fully willing to pay an Attorney. You are right, who would think she would hand me the original, when she would not give a copy to me or my son? I don't understand why people want to make things so difficult and bully people. Why not just provide a copy of the lease when first asked weeks ago? Why not provide him a copy when he signed the lease? Instead she is threatening him with lawsuits if he does not show up with the money or tries to break the lease. Also, on the lease I saw she was asking for one hundred dollars, but on the phone she asked for one hundred fifteen.

Illegal activity is going on in the home.

I have not signed a lease in years, but I remember when I signed a lease one copy was for me one for owner and still yet a the original was on top, carbon paper was use. What happened to that idea?

What information did she not want my son to have off of that lease?

Another question is why were Police so hell bent on keeping me in that station for the max time allowed? I had a female Officer take my photo and she asked about the charge. She said she had never heard of such a charge.

But it was a document/contract.

At the time he signed the lease, there should have been the name of some company at the top or bottom in small letters. Like, "THE OAKS, operated and managed by such and such". If what you are saying is true, she is not conducting business as she should by keeping a copy of the lease from you. BUT, here is where questions arise.

She had no way of knowing that at some point, your son would be compelled to break the lease for whatever reason. Therefore, to say she purposefully KEPT the lease from him makes me ask, WHY? She had no way of knowing he would be anything other than great tenant.SO, how would she have the foresight to keep it from him in the beginning? Also, unless there is proof you did not get a copy of the lease, and proof she is trying to get payment for a copy of something you should have received at the beginning ( a copy of the lease) , you are out of luck. There has to be some way of verifying that---she will say she did---you say she didn't. What happens then? (I am not saying you aren't being truthful--I am simply stating how it would be in court). Even if you prove she never gave you a copy of the lease, and even if you prove she attempted to SELL you a copy of your written lease, that doesn't transfer into just cause for you to walk in and TAKE the lease. I understand your frustration, but hope you realize her being in the wrong doesn't allow you to take a lease because you think she SHOULD have given your son a copy. Unfortunately, destroying the lease isn't what you were charged with. Obviously, you need a copy of the lease to proceed, so you felt entitled to just take it. What you needed to do ( to avoid being arrested ) was to follow the proper channels to get a copy of the lease. Find out who the owner is--send registered letter, as you stated. I know time is of the essence and all that seems tedious compared with just grabbing it and dashing for the door, but unfortunately, you cannot do that.

Regarding your other questions as to why they kept you so long, and as to what information she didn't want him to have off the lease... those are rhetorical.. no attorney can answer those for you........

Grace three were on the lease and none of them recieved the promised leases. As of the weekend Four young men were living in that home. she had told my son that she would not allow the sub-leaser to move in until after we paid the money, I wanted to know what we were paying money for. My son does not have the money the money would have been coming from me.

I know this is very hard to believe and it is not the way I would do business but these Young men don't have clue when it comes to leases. They went in several months ago viewed the home signed the lease and left with move-in being in August. You know the story on what happened to my son(other forum) He started contacting her in June about this problem to no avail. He found a person to take his place. I feel as if she bullied him.

I wish I knew the name of the company she worked for. I wish i knew the address. All the young men have is her cell phone number and a first name. They all claim no knowledge of an office. They all claim no way to contact her except cell phone. I guess she did give them the phone number of a maintenance company in case something breaks down.

Something is not right here. She met us at the house in an suv. She had a folder in hand, which is where she pulled the lease out of. I saw three other names on the lease, but my son says four are living there. I don't know about that.

I have hired and Attorney and will meet with him in the morning. It will cost me money, which will cause me a hardship.

If I had played by her game rules and was a "gotcha" type of person I guess i would have destroyed the lease. That is just not my style.

This is a cheap shot, but we have all meaning myself and family have learned from it. I think she will continue to hoodwink young people and bully those that she thinks she can push around.

I have been advised to stay away from her, I had no intention on going near her again my Attorney will take care of it from here. My Home surveillance shows her vehicle making passes past my home on several occasions after I was arrested yesterday and also today. You got it the tapes are going to my Atty. He will recognize the vehicle as the same she got out of yesterday when she identified me.

It has been good to get all of this off of my chest, I spend a lot of time home alone to ponder and sometimes I just need to let it go, so that I can move on.

You have provided a good sounding board here, Admin. Thank you Grace.

I have advised my son to never trust anyone and always keep good records, he has witnessed me doing this for years. I guess give him a few years and a couple of bad eggs and he will get it as he is a smart boy just immature.

One more thing you may want to consider, when the dust is settled--a malicious prosecution lawsuit. If she has indeed done the things you said, it wouldn't be too hard to prove her prosecution of you was unwarranted and unlawful. Here is some information I posted in another thread today about malicious prosecution:

Before you are able to bring a suit for malicious prosecution, you must actually be prosecuted.

A malicious prosecution suit rests on a finding by the court of "not guilty" and it is this "not guilty" result that forms the basis of a malicious prosecution action. You must then prove that the proceeding was for an improper purpose and without probable cause.

The malicious prosecution or action must be shown to have been groundless, either by your acquittal or by a final judgment in your favor in a civil action. Dropping charges is neither an acquittal nor a final judgment in your favor.


Please let me know what happens with the attorney. Post here, or if you want to reach me privately you can do so at the link above at the top of the screen for private messages.

I believe you have a legitimate case against this woman. Your son is lucky to have a strong insightful father like you. Good luck.

I am moving out of State, when my home sales. I plan on starting the third tri-mester of my life by enrolling in class's pertaining to law. My Husband has been encouraging me for the past several years. The two incidences I posted about have convinced me this is where I am going, so maybe the bad opened the door to the new. Sometimes Bad things happen to Good people, as a way to help them change direction in life. What do you think?

It is funny you should say that.... that is exactly how I made the leap from education field into the legal field. I wasn't sure if I wanted to go to law school, so I headed into graduate school for my Masters Degree in Criminal Law first . You know how it is-sometimes you aren't sure about this or that.... so you test the waters. I tried out a few things. And I discovered litigation was in my blood. It excites me, beckons me, fascinates me. People think law is this dusty book sitting on a shelf somewhere. Law is dynamic, changing, law is people, places, emotions, lives in the balance. What a rush.

Like you, I was the victim of unscrupulous people, in particular, online. I was victimized and stalked by a woman who even legally changed her name to my name. It was a night mare. In fact, one of her best friends tracked me to this forum and stalks me yet, dedicating literally hundreds of comments, pictures, and graphics all to me--a woman they have never met. That was part of the catalyst that propelled me into law. And, in fact, my graduate school thesis was a Phenomenological Study of Internet Stalkers.


The second part of my motivation was a very special friend, much older than me, a highly accomplished skilled medical professional who believed in me and my ability to do and be anything I wanted. His faith in me and his encouragement and unflagging belief in me made me what I am today.

You are right about life and how it hands us unfortunate events...what we do with them is our choice.

I wish you the best.