Need some advice on a phone theft

[ferrari353]

What is the name of your state (only U.S. law)? California
Okay so I'm 15 and at my high school track meet, it was basically over so we were just chilling on the high jump pads, and my phone fell out of my pocket, and it was on the side of me, and then I looked back and it wasn't there so I asked the only guy there who could have taken it and at first he said he didn't have it, then he said he gave it to someone, then eventually he told me who he gave it to, and neither of them had it, so I never got it back. The meet was on a Thursday, so it was either Friday or Monday when I talking to my coach and the coach talked to him, and he told the coach that he gave it to someone and then they left it on the high jump pad. So, even if he didn't steal it, which I still think he did, wouldn't it still be his fault that it got stolen? Is there anything I can do such as pursuing legal action or anything like that? I really want him to have to pay for it, because I still have a year and half on my contract and I spent $200 on my phone. Thanks!
Greg

 

[cyjeff]

When you called the police, what did they say?

 

[ferrari353]

they said the only reason to file a police report is for the insurance. But I don't have insurance...

 

[swalsh411]

they said the only reason to file a police report is for the insurance. But I don't have insurance...

Who said?

edit: And why did you listen to them

 

[CdwJava]

Your parents can sue the kid in small claims court ... the police could look into it and try to pursue charges of petty theft or misappropriation of found property, but they are not likely to pursue it too far if they cannot show that the other kid intended to commit one of those offenses. If he picked up a phone and someone else said they knew whose it was, no crime.

Do you know the other kid? Can you identify him? If so, have your parents start a small claims court action if they choose to.

 

[ferrari353]

Who said?

edit: And why did you listen to them

The police said. And I listened to them because they probably know more than me.

Your parents can sue the kid in small claims court ... the police could look into it and try to pursue charges of petty theft or misappropriation of found property, but they are not likely to pursue it too far if they cannot show that the other kid intended to commit one of those offenses. If he picked up a phone and someone else said they knew whose it was, no crime.

Do you know the other kid? Can you identify him? If so, have your parents start a small claims court action if they choose to.

Yes I know him, yes I can identify him, and he knew it was my phone. And if we can, I'm pretty sure my parents would pursue charges.

 

[CourtClerk]

my phone fell out of my pocket, and it was on the side of me, and then I looked back and it wasn't there

Did you pick up your phone the MINUTE it fell out of your pocket? As in, you dropped it, then you immediately picked it up?

 

[CdwJava]

Unfortunately for you, your parents cannot "pursue charges." They can report the incident to the police, the police will investigate, and if they can establish that there exists probable cause to believe a crime has been committed, they can submit a request for charges to the D.A. (or by way of juvenile probation depending on the process in your county). The D.A. will decide if they will charge for petty theft, for misappropriate of found property, or if they will not charge anything at all.

Your parents can file a small claims action, but they cannot truly pursue charges as that is the sole discretion of the prosecutor (the D.A.) and the Grand Jury.

A lot will depend on what the police can get the kid to admit as to whether or not any criminal charges might ensue.

 

[ferrari353]

Did you pick up your phone the MINUTE it fell out of your pocket? As in, you dropped it, then you immediately picked it up?

no because it wasn't there.

 

[CdwJava]

If they passed it around then left it where it fell, that MIGHT be misappropriation of found property, and it might justify a small claims suit, but it would not likely be theft. But, a lot depends on what the police might be told ... if the theft is reported to them.

 

[ferrari353]

Unfortunately for you, your parents cannot "pursue charges." They can report the incident to the police, the police will investigate, and if they can establish that there exists probable cause to believe a crime has been committed, they can submit a request for charges to the D.A. (or by way of juvenile probation depending on the process in your county). The D.A. will decide if they will charge for petty theft, for misappropriate of found property, or if they will not charge anything at all.

Your parents can file a small claims action, but they cannot truly pursue charges as that is the sole discretion of the prosecutor (the D.A.) and the Grand Jury.

A lot will depend on what the police can get the kid to admit as to whether or not any criminal charges might ensue.

Well he admitted to the coach that he gave it to someone, but they put it back on the high jump pad...Would that legally make it his fault? And i wouldn't be pursuing charges, I'd be pursuing legal action. My mom says I should talk to her cousin (who is some kind of lawyer), then maybe she will do it.

 

[ferrari353]

If they passed it around then left it where it fell, that MIGHT be misappropriation of found property, and it might justify a small claims suit, but it would not likely be theft. But, a lot depends on what the police might be told ... if the theft is reported to them.

would I be able to make him pay for it? I don't care if he's charged with theft, but I want him to get my phone back or pay for it. Neither of which he was willing to do. And I tried reporting it to them, but they said the only reason to report it is for insurance.

 

[CdwJava]

It would be up to a judge in small claims court to decide if there was sufficient proof to make him liable. Whether he will be liable or not will depend on what he did and why he did it ... and, of course, what can be proven at trial. As a note, there are no attorneys in small claims court - it is simply the plaintiff and the defendant and the witnesses for either side.

 

[ferrari353]

well their isn't any physical evidence....The only proof is the coach, which would be a witness.

 

[stealth2]

In all honesty, if I were your Mom, I'd have told you that you shouldn't have had your phone on you at the meet (should've been in your bag (*)), so suck it up.

(*) My daughter's coaches don't allow cell phones anywhere near the field - they stay in the locker room during practice and games. Having a cell with them (except in case of an emergency, in which case the coach holds on to it) earns punishment sprints the first time. Off the team the second.