I know: YANML, YANAL, find a lawyer in my state, etc. Not asking for legal advice but just trying to get some general ideas.
A bunch of our stuff was stolen at the end of May. They caught the guy like two weeks later and he confessed and wanted to “make things right”. There is incontravertable evidence that it is our stuff like pictures and things with my name on it (in fact, that helped seal the case). He had done this at a few houses and similar evidence found (like a guy’s work ID and tools with initials on them). Our DA loves to hold onto all evidence until the case is settled but I figured this will be a couple months max right? I mean, he’s in a position where he should beg the DA for a plea bargain and she would be an idiot for agreeing to it so arraingment + guilty plea = . . .
Still no stuff because he has now lawyered up which apparently means to extend the process out as long as possible. I understand that I can sue the perp for civil damages. I forget what exactly it is called but I guess it is a legal theory that someone owes you “rent” for possessing your stuff even without permission. I am thinking of using this in small claims (yes I know I’ll never see the money if I win) to make a point to the criminal and his attorney that I want my stuff back.
How in the world would I decide how much to sue for? Should I just sue for the max amount in small claims or is there some sort of statutary guidelines or case law to follow? (Colorado)
Do I send the complaint to him or his criminal attorney?
What happens if he defends the civil suit in pro per and is in jail? Do they let him out for the day? Is it an automatic default? Is it continued for 10-15 years?
This sounds like the crime of “conversion” to me - taking ownership of your stuff without your permission. As far as the ‘rental charge’, that is tough because any claim you make assumes the criminal agreed to it. I think you would have to show some loss of income because of it in the form of actual rental by you (with receipts) of equivalent equipment/materials that he stole in the interim before you got your stuff back. And since you don’t know how long your stuff will be out of your possession while they are prosecuting this guy, even that is a dicey proposition.
Personally, if this is all just to “make a point” because you know you will never see the money, I say why bother? All you are doing is clogging up the small claims court system with what is essentially a frivolous case under the circumstances.
It’s not exactly rent so maybe I should clarify my understanding of the situation.
Apparently if someone steals your stuff, you can sue on the basis that they have deprived you of the use of it. The question is, what is the going rate on such stuff? Does it matter that I had to miss a Boy Scout campout because my tent and sleeping bag are in an evidence locker? My son wants to go fishing but guess where our poles are. What are the “damages” on that?
And I don’t think it is frivolous to say to the criminal/attorney that if they are going to prolong the case and because of that I can’t get my stuff back, that they are going to have to recompense me.
Not clear why the attorney would give a flying fuck whether or not you choose to sue the perpetrator for damages in civil court, or why that would affect his handling of the criminal case.
The defendant’s attorney, naturally, wants to follow whatever course of action will maximize (a) the chances of his client’s acquittal (which look pretty slim here) and/or (b) his own fees.
IANAL, but presumably you would be entitled to claim damages only for the period between the theft itself and the thief’s arrest, right? I’m not sure I see why anybody would owe you any “rent” for the period during which your possessions are impounded as legal evidence in a properly conducted criminal trial, no matter how long that trial spins out.
So AFAICT, nobody except you has any incentive to get your stuff back to you promptly, and it doesn’t seem as though launching a civil suit would change that.
However, like I said, IANAL and I welcome corrections or modifications from Dopers who know better.
Coincidently (or by the Power of the Dope) the DA called yesterday and asked why we havn’t filed for restitution and come by to inventory or stuff after he pled guilty.
Could it be no one called us to let us know the case was resolved even though they said they would?
Shouldn’t he only be financially liable for the period the good were in his possession? Once the police have them in the evidence locker, it’s the police who are depriving you of the use of your goods.
I’d be talking to the police about this. Why is it necessary to keep your fishing poles and sleeping bag in an evidence locker for weeks or months at a time? They can’t take a statement/photographs/etc and use those? If he’d stolen your car, I bet they wouldn’t be able to hold on to it for months while the trial proceeded. You’d need it back.