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Ruach

Junior Member
Florida 7th Judicial circuit

Today, I placed my wallet on the counter while I went to the other room to check my email. I heard my cowbell go off that I have on my door and smelled cigarette smoke. I grabbed my pistol because no one should be in my house. My wallet was taken and I saw my brothers car drive off. My brother stole my wallet, but he refuses to admit it. He is a heroin addict and robbed guns from my house in the past. I'm not worried about what happens to him legally, I just need my wallet back. How do I go about getting it back legally? I had nothing in it that anyone would find valuable, but a lot of of the content had value to me.
 


Proserpina

Senior Member
Florida 7th Judicial circuit

Today, I placed my wallet on the counter while I went to the other room to check my email. I heard my cowbell go off that I have on my door and smelled cigarette smoke. I grabbed my pistol because no one should be in my house. My wallet was taken and I saw my brothers car drive off. My brother stole my wallet, but he refuses to admit it. He is a heroin addict and robbed guns from my house in the past. I'm not worried about what happens to him legally, I just need my wallet back. How do I go about getting it back legally? I had nothing in it that anyone would find valuable, but a lot of of the content had value to me.
What happened when you reported the theft to the police?
 

Ruach

Junior Member
They took a report and my brother showed up and he claimed he didn't do it and he had an alibi. The alibi called me while the police were there and said my brother lied. In the end, the police let him go.
 

Ruach

Junior Member
I just realized how awful that sounded. My brother lied to the police about an alibi. The police let him go. We offered to drop charges in exchange for my wallet, but he keeps claiming that he didn't take it.
 

CdwJava

Senior Member
Unfortunately, you cannot force the police to pursue charges with the prosecutor. You are free to speak with a supervisor at the police department and see if there is anything ore than they can do. But depending on what you claimed to have seen, what the alibi witness said, the case may not be all that strong that he stole it, anyway.
 

Ruach

Junior Member
I don't care about charges. I care only about my belongings that were taken. What can I do to get my stuff back?
 
I don't care about charges. I care only about my belongings that were taken. What can I do to get my stuff back?
Nothing, get over it.

Smarten up and stop leaving things out for a known thief and drug addict to take from you.
I'm sorry for your loss.
Not for the loss of your things,
but for the loss of a brother.

..______________________
~ Reality is that which,
when you stop believing in it, it doesn't go away".
 

tranquility

Senior Member
I don't care about charges. I care only about my belongings that were taken. What can I do to get my stuff back?
Sue him for conversion. From what you've said, he might not have anything you can get back. At least the burden of proof is a preponderance of the evidence rather than the criminal requirement of beyond a reasonable doubt.
 

Ruach

Junior Member
I'd also like to note that this is the second time he broke into my house. The last time he stole firearms. He is currently on probation for it.
 

Ruach

Junior Member
Tranquility, Thanks for the advice on conversion. I filled my first motion today as a pro se litigant.
 

CdwJava

Senior Member
Tranquility, Thanks for the advice on conversion. I filled my first motion today as a pro se litigant.
What "motion" did you file? Have you even filed suit against your brother, yet? It's only been a few days since the original allegation of theft. How have you gotten a suit filed AND a motion submitted already?
 

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