Question Re: returning stolen property

[starting over]

What is the name of your state (only U.S. law)? Kentucky

My FIL's 4-wheeler and various other items were stolen a little over 3 weeks ago. He reported it stolen, he had a title and was able to provide serial numbers to the Sheriff's Dept. Insurance company stated that it was not covered under his policy, so he was out of luck there.

He was notified on Friday evening that his 4-wheeler had been recovered. The Sheriffs dept received a tip from some guys girlfriend that she believed he was in possession of 2 stolen 4-wheelers. Guess he shouldn't have made her mad

Now, the Sheriff's Dept is stating that the 4-wheeler cannot be returned to FIL until the final dispositon of the trial, which could be some time. He is having trouble understanding this and so are the rest of us. It is his rightful property which can be proven with the title. Obviously, they caught the guy with it so whether they charge him with the actual crime or receiving stolen property is up to the County Atty. Any "evidence" they need showing fingerprints, the destroyed ignition, etc can be provided via photos. Why is it necessary to actually keep the stolen property? It's not likely that they would bring the 4-wheeler into the courtroom so only pictures or reports would be shown at trial. Can someone explain this to me?What is the name of your state (only U.S. law)?

 

[swalsh411]

A person accused of stealing something has a right to have that alleged stolen property available for examination to aid in their defense and to refute evidence presented against them. This is not possible if the property is not available.

 

[sandyclaus]

What is the name of your state (only U.S. law)? Kentucky

My FIL's 4-wheeler and various other items were stolen a little over 3 weeks ago. He reported it stolen, he had a title and was able to provide serial numbers to the Sheriff's Dept. Insurance company stated that it was not covered under his policy, so he was out of luck there.

He was notified on Friday evening that his 4-wheeler had been recovered. The Sheriffs dept received a tip from some guys girlfriend that she believed he was in possession of 2 stolen 4-wheelers. Guess he shouldn't have made her mad

Now, the Sheriff's Dept is stating that the 4-wheeler cannot be returned to FIL until the final dispositon of the trial, which could be some time. He is having trouble understanding this and so are the rest of us. It is his rightful property which can be proven with the title. Obviously, they caught the guy with it so whether they charge him with the actual crime or receiving stolen property is up to the County Atty. Any "evidence" they need showing fingerprints, the destroyed ignition, etc can be provided via photos. Why is it necessary to actually keep the stolen property? It's not likely that they would bring the 4-wheeler into the courtroom so only pictures or reports would be shown at trial. Can someone explain this to me?What is the name of your state (only U.S. law)?

Why is your FIL so much in a rush to get back these 4-wheelers? The items are evidence in the prosecution of the person who stole them. The 4-wheelers need to be available to both the prosecution and the defense in order to gather further evidence of the crime until such time as the charges are either prosecuted or dismissed.

Your FIL is lucky that he will be getting them back at all. He needs to be patient for the time this process takes. They are in the safe hands of the police now.

 

[starting over]

Why is your FIL so much in a rush to get back these 4-wheelers? The items are evidence in the prosecution of the person who stole them. The 4-wheelers need to be available to both the prosecution and the defense in order to gather further evidence of the crime until such time as the charges are either prosecuted or dismissed.

Your FIL is lucky that he will be getting them back at all. He needs to be patient for the time this process takes. They are in the safe hands of the police now.

Only 1 of the 4-wheelers recovered actually belonged to FIL. Im not sure of anything about the other one, even whether it was stolen or not. The reason he is anxious to get it back is because he's uses it almost daily. He is 78 yo & uses it to check on his cattle and calves. He has about 200 acres of land.

That's the part Im having trouble understanding, what further evidence besides what could be provided with photos could the actual 4wheeler offer. To me, it's not in question as to the rightful owner since he did have a title on it and the guy that had it was not him. Im just having trouble wrapping my head around any defense that could be presented that would actually require that particular property. In the meantime, it does cause him a hardship.

Yes, he is very lucky that it has been recovered. But, in a way, it kind of doesn't matter if he can't have it. I've read that it could be years before he actually gains possession of it back

 

[starting over]

A person accused of stealing something has a right to have that alleged stolen property available for examination to aid in their defense and to refute evidence presented against them. This is not possible if the property is not available.

Thank you. I do understand this, but it just doesn't seem right. Oh well, guess he'll just sit back and wait.

 

[dave33]

Since the state can do pretty much what they want, maybe the best course of action would be to plead the the d.a.'s human side (if it exists ). Although as you pointed out the state can hold onto evidence for years, I doubt this is one of those cases. Hope for a speedy resolution. goodluck.

 

[starting over]

Since the state can do pretty much what they want, maybe the best course of action would be to plead the the d.a.'s human side (if it exists ). Although as you pointed out the state can hold onto evidence for years, I doubt this is one of those cases. Hope for a speedy resolution. goodluck.

I believe my husband is going to go talk to them on Tuesday. FIL is really having a hard time understanding everything, even though he spoke with them. All he knows is that he can't have it until it's over & now someone has told him that he will have to pay the storage fees I know that's not true, but it still kind of freaked him out

 

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Update

Well, my FIL received his 4wheeler back today Unfortunately, the battery was missing, the gas tank was just about off of it & various other damage was done. He commented that he thought it was being stripped. Good new is, it didn't take nearly as long as we thought it might. Have an additional question now, can the person being charged with the theft be held responsible for the damages to it? I plan on calling the county atty to ask about this, but wanted your opinions on if this is even an option.

 

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Another update

Spoke with the County Attorney, he said to provide pictures of the 4wheeler, statement that it was originally in good repair and an estimate of the damages. He will file additional charges of criminal mischief and request restitution. So, good news.

 

[HighwayMan]

You probably won't get a dime from the perpetrators, but it can't hurt to try.

 

[LdiJ]

You probably won't get a dime from the perpetrators, but it can't hurt to try.

I got a little bit of restitution once. The courts ordered the guys to pay me about 2k in restitution and I got a couple of little checks for 20-30 dollars a few years later...lol.