Alabama Law - Theft 1st Question

[JMRZ]

A few months back my motorcycle was stolen from my back driveway overnight. I woke up the next morning and immediately filed a police report. After three months or so I received a notification letter in the mail stating that Montgomery PD had recovered my motorcycle and was ready to be picked up at the tow/impound yard.
When I went to pick up the motorcycle, I honestly expected it to be in 5 different pieces and completely non-functional. I was blessed and surprised to see that for the most-part the motorcycle survived the theft and recovery with some significant damages, but it wasn't a total loss.
I don't have all of the details of how it was recovered or if someone was arrested for the Theft 1st charge that I asked to be filed. I should have more information regarding the who/what/where/when after I get a copy of the Police Report and possibly speak to the Sergeant in charge of the case. I will update with that information if necessary to provide any additional context that may be required to answer my questions.

My question is this: Is there a legal process for me to collect restitution from the offender to cover the damages that were done while it was stolen?
If so: How would I go about attempting to collect for the repairs? Would this be part of the criminal case, or do I need to file with Small Claims Court?
If not: Do I need to retain an attorney to file suit for the damages, or am I just shit out of luck?

I have many photos, both before and after the theft, and I've even had an estimate done by the local motorcycle dealership. What else should I be doing and what is the process for something like this?
Any help/advice/insight or wisdom that anyone can provide would be greatly appreciated.

-JMRZ

 

[quincy]

A few months back my motorcycle was stolen from my back driveway overnight. I woke up the next morning and immediately filed a police report. After three months or so I received a notification letter in the mail stating that Montgomery PD had recovered my motorcycle and was ready to be picked up at the tow/impound yard.
When I went to pick up the motorcycle, I honestly expected it to be in 5 different pieces and completely non-functional. I was blessed and surprised to see that for the most-part the motorcycle survived the theft and recovery with some significant damages, but it wasn't a total loss.
I don't have all of the details of how it was recovered or if someone was arrested for the Theft 1st charge that I asked to be filed. I should have more information regarding the who/what/where/when after I get a copy of the Police Report and possibly speak to the Sergeant in charge of the case. I will update with that information if necessary to provide any additional context that may be required to answer my questions.

My question is this: Is there a legal process for me to collect restitution from the offender to cover the damages that were done while it was stolen?
If so: How would I go about attempting to collect for the repairs? Would this be part of the criminal case, or do I need to file with Small Claims Court?
If not: Do I need to retain an attorney to file suit for the damages, or am I just shit out of luck?

I have many photos, both before and after the theft, and I've even had an estimate done by the local motorcycle dealership. What else should I be doing and what is the process for something like this?
Any help/advice/insight or wisdom that anyone can provide would be greatly appreciated.

-JMRZ

You can contact the police department to see if the thief has been arrested and charged and, if so, you can contact the prosecutor's office to ask about restitution as a crime victim. That will be part of the sentence ordered by the court.

If the identity of the thief is known, you could also file a civil suit against him to recover the cost of your damages.

And here is a link to Alabama's crime victim application for restitution and information on applying:
https://acvcc.alabama.gov/downloads/application.pdf
You are right that you are lucky that the police were able to recover your motorcycle and that it has little damage.

Good luck.

 

[JMRZ]

Thanks so much for the informative AND timely reply.

 

[quincy]

You're welcome, JMRZ. I appreciate the thanks.

Good luck.

 

[JMRZ]

Updating this so that others can have this information and not make the same mistake I did:
Per Alabama Crime Victims' Compensation Commission:

Please Note: Stolen property, property damage, checks or cash will not be covered by the Commission. The Commission does not provide compensation for pain and suffering.

I called and spoke with two different people, both of them assured me that there is no recourse through this commission for victims involving property damage. The application reads:

THE COMMISSION DOES NOT PROVIDE COMPENSATION FOR PROPERTY CRIMES, ACCIDENTS, IDENTITY THEFT, PAIN & SUFFERING OR ATTORNEY’S FEES.

I had hoped that there might be some legal recourse available to me but it seems there isn't that I can see.
GGWP Alabama
GGWP Guy who stole my property.

Thank you to the members of this forum who read my post and replied or even viewed it, I appreciate you taking the time. If you know something that I don't or haven't thought of and would like to help please feel free to post a reply or message me. I will certainly appreciate ANY help at this point.

 

[quincy]

Updating this so that others can have this information and not make the same mistake I did:
Per Alabama Crime Victims' Compensation Commission:



I called and spoke with two different people, both of them assured me that there is no recourse through this commission for victims involving property damage. The application reads:



I had hoped that there might be some legal recourse available to me but it seems there isn't that I can see.
GGWP Alabama
GGWP Guy who stole my property.

Thank you to the members of this forum who read my post and replied or even viewed it, I appreciate you taking the time. If you know something that I don't or haven't thought of and would like to help please feel free to post a reply or message me. I will certainly appreciate ANY help at this point.

Thanks for the update.

It appears you need to find restitution through court order at sentencing and/or through filing suit against the thief.

Good luck.

 

[JMRZ]

Yup, it appears so. Thanks for the forum and place to ask the question.
Best wishes to you all as well.

 

[quincy]

Yup, it appears so. Thanks for the forum and place to ask the question.
Best wishes to you all as well.

We all appreciate the thanks, JMRZ.

I hope you can recover from the thief all of your motorcycle repair costs.

 

[xylene]

The purpose of Alabama Crime Victims' Compensation Commission is to

"lessens the financial burden on innocent victims of violent crime and serves as a vehicle of hope for the rights of crime victims"

This is an appication of state funds to assist victims. It is not a vehicle for you to claim civil redress to property damaged in a theft against a criminal.

 

[quincy]

The purpose of Alabama Crime Victims' Compensation Commission is to

"lessens the financial burden on innocent victims of violent crime and serves as a vehicle of hope for the rights of crime victims"

This is an appication of state funds to assist victims. It is not a vehicle for you to claim civil redress to property damaged in a theft against a criminal.

It is my fault for providing a link to the crime victim application. I knew there was a list of crimes that did not qualify but I didn't check to see which ones.

 

[JMRZ]

The purpose of Alabama Crime Victims' Compensation Commission is to

"lessens the financial burden on innocent victims of violent crime and serves as a vehicle of hope for the rights of crime victims"

This is an appication of state funds to assist victims. It is not a vehicle for you to claim civil redress to property damaged in a theft against a criminal.

Do you have a suggestion on how to claim civil redress to property damaged in a theft?
I understand that now. When I first posted this thread it was merely for clarification on what the statutes are in this type of situation. Please don't think that I was trying to malign or belittle the work that this Commission does. This is absolutely a worthy endeavor and service that many victims of more serious crimes desperately need and deserve. I am just trying to assess what my next steps should be.

It is my fault for providing a link to the crime victim application. I knew there was a list of crimes that did not qualify but I didn't check to see which ones.

To be fair: I had already found the Commission site before you posted the link and didn't read through it carefully enough, just like you did. No fault or blame here, we just need to read the fine print more carefully in the future.

 

[Zigner]

Sue the bad guy in small claims court.

 

[quincy]

Do you have a suggestion on how to claim civil redress to property damaged in a theft?
I understand that now. When I first posted this thread it was merely for clarification on what the statutes are in this type of situation. Please don't think that I was trying to malign or belittle the work that this Commission does. This is absolutely a worthy endeavor and service that many victims of more serious crimes desperately need and deserve. I am just trying to assess what my next steps should be.



To be fair: I had already found the Commission site before you posted the link and didn't read through it carefully enough, just like you did. No fault or blame here, we just need to read the fine print more carefully in the future.

I agree with Zigner that you probably will have to sue the thief but, even if you get a judgment against him, it will be up to you to collect on the judgment - and thieves often have little to collect (no job, no assets).

Good luck.