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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88719
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I was charged for theft of rv trailer and receiving stolen

Customer Question

I was charged for theft of rv trailer and receiving stolen property, I did not, I was arrested. bailed out.and the sheriffs took the trailer and impounded. my brother passed away in California as he lived on my property, he owned it, his estranged wife lived in Idaho, reported it stolen, I talked to sheriff 3 days after from when he left message to call him. He told me she didn't get to report it because of lack of proper info. I told him where the trailer was, that was in march, 2009, I also emailed her paralegal about the situation.at the same time I talked to sheriff in riverside county. She knew the whereabouts. also I then sent a notice to reclaim the abandoned property and did the correct thing/per Calif. law. I sent a billing of storage to probate in may 2009. she got the billing, for she was the representative of probate. What I'm asking is was she or is she liable for not stopping the report of theft for rv. why would sheriff keep the report open. I'm too old, 61 for this crap and the sheriff could not get a hold of her for her # XXXXX out of service. so they arrested me. I am furious.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 2 years ago.
If you notified her, as the heir to the property, where the property was and submitted a bill for storage, then you have a lien on the property until such time when she paid the bill or the estate paid the bill. However, now she has gone through this, the first thing you have to do is get the criminal charges dismissed and then you can file a civil suit against her for malicious prosecution and seek damages. In the meantime, you must also file a claim in the probate court where she has opened probate and get the probate court to decide on the money for the storage fees you are owed.

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Customer: replied 2 years ago.

The probate was billed, but the representative decides who gets paid. and that would be ex wife. since ex wife has filed a chapter 7 in Idaho and I am now a creditor, I tried to sue through sm. claim court to get lein from judge and it was thrown out, and that is when I was notified of bankruptsy, but I am now a creditor of 7500 dollars. a money amount.

I feel the sheriff stole the RV trailer with knowing of civil problem and dubbed paper work since the officer I talked to almost 3 years ago told me he could not properly file report for lack of proper information and I told him where the RV was strored, that report should have been thrown out after I returned call. The Sheriff has since impounded my collateral,,when they impounded me......The Probate Attny, paralegal I talked to on phone and emailed and the sheriff , are they also liable for this mess.

Expert:  Law Educator, Esq. replied 2 years ago.
If the sheriff improperly or illegally impounded the vehicle and arrested you, this would be a separate claim for civil rights violations against the sheriff and as such you would need a local civil rights attorney to review the police reports and evidence to show that the sheriff was illegally acting in a civil matter.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88719
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 13 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank You, XXXXX XXXXX I like that idea since I can't pay for tow or storage and the sheriff won't give information and would not give me copy of report because I was a suspect in matter.

Expert:  Law Educator, Esq. replied 2 years ago.
Thank you. Best wishes.

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