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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25946
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My car was stolen and the thief passes by the SunPass almost

Customer Question

Hi,
My car was stolen and the thief passes by the SunPass almost every day. I requested from Sunpass the picture of the driver of my stolen car but they are telling me they need a subpoena in order to comply. I am having not help as the police is not doing anything to find my car. Please help
Submitted: 7 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I compose a reply for you.

Customer: replied 7 months ago.
Please note this is happening in Broward County in Florida state. I would like to obtain a Subpena for Sunpass
Expert:  Zoey_ JD replied 7 months ago.

Unfortunately, a subpoena is a court order. That means you have to get a judge to sign off on it. Judges can't do that unless there is a case where you're appearing before them and the matter you want to subpoena is both necessary and relevant for your case.

In short, you've got to either get the police to prosecute the person (in that case, the prosecutor will get the subpoena) or you have to sue the person who stole your car and the judge presiding over the case will sign one.

Do you know who this person is? How do you know that the thief uses Sunpass every day? What are the police doing/not doing. Have you told them you want the thief prosecuted?

Customer: replied 7 months ago.
I do not who the thief is. This is is why I am requesting this photos from SunPass in order to be able to find the thief. Can I sue SunPass for not providing this information and obstructing potential evidence to find my car? Keep in mind I am requesting a photo of my car.
Expert:  Zoey_ JD replied 7 months ago.

No, you cannot sue Sunpass for adhering to their privacy policy.

What you can do if you want to sue the thief for the return of your car would be to file a John Doe suit. That's what a plaintiff can do when you don't know the identity of the defendant -- sue under the name of John Doe. Then you can get the judge to issue the subpoena which will enable you to get the defendant's real name.

But why aren't the police acting on your complaint?

Customer: replied 7 months ago.
If you could please point me to the court I should file the sue here in Broward county, Florida and to the forms that will be helpful. I being calling my detective since last week and they haven't returned any of my calls. I also when to the police station and she is never there
Expert:  Zoey_ JD replied 7 months ago.

Unless your car is worth less than $5,000 and you could sue in small claims court, you would need your local civil court, which would mean legal fees.

The police -- or for that matter a claim through your insurance company -- would be a more practical solution. Try going to the police station instead of just calling them, as you will be harder to put off. But if you've filed a complaint and a detective has been assigned, that means they are on it, and it will be their responsibility to get the subpoena, which they can do easily enough through the prosecutor. If you think the police are dragging their feet, you can go to the DA's office and report the matter to them directly. They can tell the police to investigate more aggressively.

Expert:  Zoey_ JD replied 7 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Customer: replied 7 months ago.
Please let me know how to find out the DA office. Just to explain a bit further a lady came to my house with belongings from my stolen car telling she was worried because her son had giving her the bad with my belongings and ask her to get rid of it. When she ask her son where she got this he responded a friend gave it to him. I went to the police with this new information and the lady as well. Now I am finding with the detective that when the officer when to her house they didn't collaborate. I ask the officer to press this kid to give information and he said there is no much he can do. Is this correct?
Expert:  Zoey_ JD replied 7 months ago.

A police officer cannot force someone to make a statement or give a confession. Under our Constitution, we all have a right to remain silent and we don't have to cooperate in giving evidence to the police.

To find the prosecutor's office you would google the prosecutor's office for the county in which the crime occurred.(search for ____ County prosecutor's office) You'll be able to get their contact information from the web.

Customer: replied 7 months ago.
Any other ideas that can help me find my car?
Customer: replied 7 months ago.
Can I put a criminal case to the kid?
Expert:  Zoey_ JD replied 7 months ago.

You can hire a private investigator to find out where the car is. Then you can sue the defendant or try again to get him arrested.

You can report the kid for possession of stolen property. But that may or may not lead to the person who took your car.

Customer: replied 7 months ago.
For trying to get rid of stolen property?
Customer: replied 7 months ago.
How can i report the kid?
Expert:  Zoey_ JD replied 7 months ago.

You would just go to the police and tell the police what he did. They would decide whether it was something he could be arrested for. If they believe he committed a crime, the prosecutor would charge him.

Customer: replied 7 months ago.
The detective said no, even thought he had my property. How can I put pressure on the cop to proceed to an arrest?
Expert:  Zoey_ JD replied 7 months ago.

You can't. They have the discretion to refuse you. You can go to the DA's office and report the crime there and see if they feel any differently. If they don't, there is nothing further you can do except to seek civil remedies. Again, you can make a claim with your insurance company, which is another option I mentioned yesterday..

Customer: replied 7 months ago.
Ohh I already have the claim with my insurance company. What can the insurance do?
Expert:  Zoey_ JD replied 7 months ago.

They can investigate and pay you for the value of your car.

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