Criminal Law Questions? Ask a Criminal Lawyer.
Good morning Kelly, I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. It is true that you bear the burden of proof to show that the items were stolen---but like any theft covered by insurance, that is not done with direct evidence, but circumstantial evidence. You must first prove that you owned the things take. That may be done with receipts for purchace, photos----(judges like lots of photos)--- even witness statements---think friends, family----and finally, your testimony. All of these things can be used to show you owned these items Then you must show that these items were in/on the boat when you took it to the shop. This might include explaining why you didn't remove these things prior---which might be that they were attached to the boat in some fashion. You can urge that these items are always stored in the boat---again, your testimony and that of friends and family, and again---photos showing these items in your boat at some time. Finally, you will need to convince the judge that these things were in the boat when you turned over possession to the shop. It would help if you can testify that you voiced concern for the boat and asked that it always be stored inside, and that the employee you dealt with agreed to do that. Also, your testimony, and witness testimony of anyone who went with you to drop the boat off. Finally, you will point out that between the times you picked up the boat and when you discovered the missing items that the boat was in your exclusive possession-on and that the items could not possibly have been stolen between the times you picked up the boat and when you noticed the items missing.
You may reply back to me again, using the Reply to Expert link, if you have additional questions.I wish you the best in your future,Doug
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).