Criminal Law Questions? Ask a Criminal Lawyer.
Hello, so you had jewelry that was stolen, and the suspects were caught and convicted, as well as the pawn shop ascertained where the jewelry was pawned, but the pawn shop can not provide where the jewelry is?
Were the subjects convicted and did the pawn shop admit to receiving the jewelry?
If the pawn shop has admitted to receiving the jewelry and you know that it is in their possession, but they are failing to return it, and the police department is not willing to seize the jewelry as part of their investigation, then you need to seek a civil attorney to draft a demand letter seeking to demand the return of the jewelry immediately, or threaten to sue the pawn shop for unlawful conversion of your jewelry and seek the full value of the jewelry unlawfully detained by the. You could seek the value of the jewelry as well as any other judicial remedy available as well as the reimbursement of your legal fees.
The only snag you might run into with regard to a civil attorney is that if the trial is not over with, or the investigation ongoing, then that will be determined to be evidence, and that evidence is not subject to the taking by a private civil attorney, and must be detained by the authorities until returned to you.
If you sense a criminal wrongdoing against the pawn shop, you could seek theft charges against the pawn shop if you can prove that the pawn shop was in coordination with the criminals when they obtained your jewelry. Also, if the jewelry is not returned to you, because the pawn shop sold it without the knowledge of it being stolen, and to a bona fide purchaser for value, or a purchaser who also had no knowledge it was stolen, then you can seek what is called restitution against the criminals for the value of the jewelry taken.
If this answers your questions please remember to provide a positive rating by selecting the smiley face and submitting so that I can be credited for our time together. If you have further questions please feel free to ask. I am required to go to a meeting at this time, but please post your follow up questions, and I will gladly return shortly and answer them as well.
Rest assured I will answer your questions. Thanks, XXXXX XXXXX if this has adequately answered your questions, please do not forget to provide the positive rating by selecting the smiley face.
I will try to keep up with your follow ups on my phone, but it does tend to experience technical errors. As stated, I will reply, and please do not forget at the end of our conversation to provide the positive rating.
I am very sorry about yesterday. I was working from a tablet and it wouldn"t let me see your answer. You covered everything I already heard. The Pawn shop filmed the recovery and I ID my belongings with the
Detectives. The pawn shop held the jewlry until the trial, which has come and gone. When I went in to try and work out something to retreive my items they found the report, but no jewlry. Looking into it. I went back 3 times and had to repeat story each time. Still now jewlry found. Contacted the Detective to see if it
had gone to trial. He told me no . He went to the pawn shop and he told me"It looks like we will be
investigating the pawn shop." Called him yesterday and he was to busy to talk. Did get the impression that nothing had been done. The couple that did it have servered some time and are now out. They are paying a small amount each month for the items that were never recovered . Can I take out charges against the pawn shop? This all happened a year ago. I realize that I will not get my things back at this point but I feel that they where stollen twice and the pawn shop should do something for me. I do not feel that the pawn shop was in with the criminals , but there was an employee that they let go for unknow reasons. I will not be able to answer you until late tonight if the tablet doesn't work again today. I do not want to reply with a rating until we finish this. Thank you for your patients.
Hello, I wish I could say you helped,but I was never able to view your information. It has been a year. The Det. was transferred and I need to do something now. SO between the 3 of us a cash settlement was agreed on. Nothing near what I lost .No matter what I did I could not get your message. DIANE