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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33372
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I had $ 46,400.00 of Property Stolen. Had an Idea who had

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I had $ 46,400.00 of Property Stolen. Had an Idea who had and called the State Police. They asked if I had Serial Numbers of any of the things that were stolen. Had gone to the places where I purchased items and they had copies of things I had Purchased and they made copies.

I signed a deposition which listed things stolen and names of people that had and I signed for NY State Police.
They went to peoples house found say a Chain Saw I had paid $ 650.00 for. They said the Serial Numbers matched and he came back and said that they said I could come to there homes and retrieve any property that they had not sold.

Should I and is there a law that says I have to go to there homes and retrieve my property as State Police said or should they have arrested the people like I requested?

JD 1992 :

There is no law that says you have to go there and no law that says you don't.

JD 1992 :

The State Police should have arrested them but the Supreme Court has said that if the police do not do their job then there is no way to force them to do so and they are immune from suit if they fail to do as they should.

JD 1992 :

As whether you should go there to pick it up that is really more of a personal question than a legal one.

JD 1992 :

If the police aren't going to pursue the issue then you can retrieve whatever property is still there and you can sue them for the remainder of what is missing.

JD 1992 :

Did they give you any idea on why they weren't going to pursue arrests?

JD 1992 :

Are you there?

JD 1992 :

It looks like the Chat function may be acting up so I'm going to switch this to a Q and A format. When you receive this post please exit and reenter the question so that it reloads.

Customer: replied 4 years ago.

One is a Sheriff that stole. Have talked to him before I called State Police and they said didn't have my property.


Wrote Superintendent of State Police in Albany, NY said a civil matter. If they would have said they would bring my things back I would have done but for the State Police said they wanted me to come and get my property they stole and I already had asked them to return I said No.


Will not going and getting whatever they had not sold going to affect lawsuit?

It could affect the lawsuit in that you can't get compensated for the things you get back, of course, but if you don't go and get them then the court can say you didn't "mitigate your damages".

You may also want to contact the Attorney General for New York and ask for their assistance since a law enforcement officer was involved.
Customer: replied 4 years ago.

Contacted Attorney General they said that Sheriff, State Police, District Attorneys have excellent Internal Affairs to investigate themselves. Did nothing but tell me to contact the people that took my property.


Have wrote State Police several letters and they say DA refuses to prosecute. Assume same as State Police that its one of there own that stole. State Police offered to go with me to get my property if I wanted.


Are you aware that government employees take care of their own?

I've never seen it quite as bad as what you are describing. Usually they are all watching out for themselves and covering themselves so they'll turn on each other.
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Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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