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Main Page USPS Mailboxes
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Posted by: SUOKKO

OK so there is someone who keeps knocking over a USPS mailbox. It is one of the standard blue ones, but this one is for some reason not anchored to the ground? Kids walk by and knock the thing on it's side and I find myself picking it up at least once a week. Because it is federal property what would be the appropriate charge to use if/when I see the idiot knock it over again?

Posted by: rocksy1826

Quote:

Originally Posted by SUOKKO

OK so there is someone who keeps knocking over a USPS mailbox. It is one of the standard blue ones, but this one is for some reason not anchored to the ground? Kids walk by and knock the thing on it's side and I find myself picking it up at least once a week. Because it is federal property what would be the appropriate charge to use if/when I see the idiot knock it over again?

i know the frustration. That is actually pretty much the only crime that happens in the town i live in.... and it still keeps happening.

you'd laugh your ass off if you read our police log

Posted by: Wolfman

Call the Postal Inspectors.

Posted by: Edmizer1

You can call the postal inspectors but they will probably be no help. We had a pretty good rash of mail thefts in my town a couple of years back. A detective investigating called them and told them about it. They were not interested in investigating at all. They told the det. that if he solved the case on his own they would take a look at it and present it federally if it was strong enough.

Posted by: kojack1

The postal inspectors wont help you, as Edmizer1 said if you solve the case on your own they will offer to come in and take all the glory. If there is damage to the mailbox try mal des over. If there is no damage I bet you have some kind of city/town by-law that gives you charges

Posted by: MPD703

Depending on where you are part of the problem is that Postal Inspectors cant get the case prosecuted. You are most likely better off with mal. damage. As far as some of the RODs who only want solved cases I know they are out there but there are some good ones who will work with you on anything.

Posted by: SUOKKO

Yeah I already looked into the postal inspectors but they didn't look like they would be much help. The other problem is thoes mailboxes are pretty sturdy so when they knock it down it never gets damaged...so i doubt mal destruction would stick.

Posted by: Delta784

Felony with no damage amount listed, except for the punishment;

http://www.mass.gov/legis/laws/mgl/266-127.htm

We've used this with good success, albeit we've never listed the Feds as the victim. I'd charge them with it, and have the Postmaster of the local Post Office represent the victim, i.e. the Federal government.

Posted by: frapmpd24

I use this charge when ever possible. Easier to prove than Ch. 266 Sec. 127 as the elements only require fairly minimal actions as marking, scratching, and defacing and there is no need to diferentiate between the destruction of property being over or under $250. Good for the people who decide to play mailbox baseball, throw eggs, spray silly string, damage signs, etc. Its a felony too, which will drive the point home for those who are deserving.

CHAPTER 266. CRIMES AGAINST PROPERTY

Chapter 266: Section 126A. Defacement of real or personal property; penalties; suspension of driver’s license

Section 126A. Whoever intentionally, willfully and maliciously or wantonly, paints, marks, scratches, etches or otherwise marks, injures, mars, defaces or destroys the real or personal property of another including but not limited to a wall, fence, building, sign, rock, monument, gravestone or tablet, shall be punished by imprisonment in a state prison for a term of not more than three years or by imprisonment in a house of correction for not more than two years or by a fine of not more than fifteen hundred dollars or not more than three times the value of the property so marked, injured, marred, defaced or destroyed, whichever is greater, or both imprisonment and fine, and shall also be required to pay for the removal or obliteration of such painting, marking, scratching or etching, or to remove or obliterate such painting, marking, scratching or etching; provided, however, that when a fine is levied pursuant to the value of the property marked, injured, marred, defaced or destroyed or when the cost of removal or obliteration is assessed, the court shall, after conviction, conduct an evidentiary hearing to ascertain the value of the property so marked, injured, marred, defaced or destroyed or to ascertain the cost of the removal or obliteration. A police officer may arrest any person for commission of the offenses prohibited by this section without a warrant if said police officer has probable cause to believe that said person has committed the offenses prohibited by this section.

Upon conviction for said offense the individual’s driver’s license shall be suspended for one year. If the individual convicted of defacing or vandalizing the real or personal property of another is under the age of sixteen then one year shall be added to the minimum age eligibility for driving.

Posted by: NBC515

My opinion if you catch them in the act of doing it would be to charge Ch. 266 Sec. 127 for the damage and either disorderly or disturbing the peace (depending on location and who is around) for the actual tipping of the mailbox in public.

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