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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27707
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My x husband took items that were mine prior to our marriage

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My x husband took items that were mine prior to our marriage art work, family heirloom. Took Chandler passed to me by my deceased Aunt, my safe with valuable along with the entire contents if my family home on over 50 years. That was September 2012. What can I do to get my belongings returned. What can he be charged with?
JA: You just pay a $5 deposit now and the rest only when you get a reply from the Criminal Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.
Customer: Where are you located? Do you know NJ law?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: NJ
JA: Have you talked to a lawyer yet?
Customer: Yes in 2012-13 but it got complicated by divorce, child custody, Domestic Violence etc. It was not brought up I never understood the attorney had all the info but it was overshadowed by the numerous other legal issues at the time.
JA: Anything else you want the lawyer to know before I connect you?
Customer: That's a good start...

Hi,

I'm Zoey.

I'm reviewing your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

Customer: replied 4 months ago.
Ok thank you. If I can answer any questions I'm here

This would be felony theft. It's graded in NJ depending upon the value of the property taken. More than $75,000 worth of property would be a felony of the Second Degree, which can get someone up to 15 years of prison and/or a fine of the higher of $150,000 or double the value of the loss to you.

If it's less than $75,000 it would drop to a fine of the third degree. That has a maximum possible incarceratory sentence of five years.

The big problem is the statute of limitations, as you may have already waited too long. Measuring from the last of the series of thefts, if the prosecution hasn't begun within 5 years, you would time-barred from prosecuting him at this time. So you may be just under the wire to still file criminal charges.

The statute of limitations on a civil suit would be 6 years in NJ for property loss. So if prosecution were not possible, you could sue him civilly.

Customer: replied 4 months ago.
I just want my heirlooms, estate pieces and art back. Do I go to police, the court where do I file charges?
Customer: replied 4 months ago.
I was so busy surviving the abuse, aftermath of terrible divorce. I lost everything my family home that my grandparents built 75 years ago and all contents, he illegally evicted me also but his buddies at local police were always protecting him.

WHat you might want to do first is to talk to a local NJ attorney and have him send your husband a letter putting him on notice that he has your property and if it's not returned to you by X date you will take legal action to get it.

The letter won't cost you very much to have the attorney write. Most reasonable people when they get something like that on legal letterhead, sent via registered or certified mail will make an effort to do what's required of them because they see that you've taken the time to consult with an attorney and may mean it.

Once he's put on notice, if he doesn't respond and work something out with you, then you'd report it to the police as a theft and say that you want him prosecuted. If the authorities tell you that they see this more as a civil matter since the two of you had been married, you would have to hire a litigator and sue him.

Customer: replied 4 months ago.
Police in town I live or where he lives and has all the items stored in a tractor trailer unit

Either one actually. He took it from where you are. And he's in possession of stolen property where he is.

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.

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