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I need some legal advice about a theft in which I was the…

I need some legal advice...
I need some legal advice about a theft in which I was the primary victim but somehow my name wasn't included on the actual police report.
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Customer reply replied 7 months ago
I moved almost a year ago, and my handyman rented & loaded the U-Haul for me. When the truck was mostly loaded, someone broke into the cab, hot wired it and drove away. The police came to my apartment, and took statements from both me and my handyman, and gave each of us a form with the police report number. I later had a couple of phone calls with a police officer on the case who asked me for an estimated $ value of my stolen property, but I have still not received the police report itself, nor has my handyman.According to my handyman, the crook was found driving the truck, pled no contest and was sentenced to jail plus restitution. I was never contacted by the DA's office, and when I called them to ask how to apply for restitution, they said my name wasn't in their case file.I spoke with the police Records Division yesterday, and they told me that my name isn't even on the police report, that it only mentions U-Haul and the handyman.The handyman lost $2000 in tools, U-Haul got their truck back with minor damage, and I lost over $50,000 in belongings!What do I do now? I have to give the police report to the insurance company when I submit my inventory.
Customer reply replied 7 months ago
To clarify, U-Haul insurance doesn't cover contents. My property was covered by my renters insurance.
Answered in 16 minutes by:
1/19/2018
Layne Pecoff
Category: Criminal Law
Satisfied Customers: 201
Experience: dasdasd
Verified

I am a Criminal Law attorney expert and a former District Attorney, and I will be helping you. Nice to meet you.

Please keep in mind that our conversation does not create an attorney-client relationship and this is for general information purposes only.

I will be answering your question with the expectation that if you are satisfied with my answer, you will give a positive rating.

The Attorneys do not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If that works for you, let me know and we can proceed : )

I want to make sure I understand what you are asking:

1-How can you be repaid for the $50,000 you lost as a result of this (terrible) theft against you?

Let me know which parts I got right and fill me in on the other parts and we'll go from there. Thanks!

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Customer reply replied 7 months ago
My real question is what do I do about the fact that the police report doesn't have my name on it? I'm a disabled senior who has spent 11 months slogging away at my personal property inventory only to realize that my renter's insurance company might refuse the claim because I'm not on the police report.
Customer reply replied 7 months ago
I'm afraid to call the police officer who screwed up, since he might destroy any notes with my name so that he doesn't get into trouble.
Customer reply replied 7 months ago
Also, the restitution hearing was today, so my insurance company - and I - have missed out on that.

Got it. The problem here is Double Jeopardy.

That means that the same person can't be charged with the SAME crime twice.

Since the thief already pled guilty and was sentenced to jail, he cannot be charged a second time for that same crime.

So, you really don't have any legal recourse to go after him criminally.

That leaves you 2 options - both in civil court.

1-you could sue him for the damages (better option)

2-you could take out a case against the DA's office for failing to put your name/damages into the case. However....you would have to show that it was negligent for them to fail to include your information (and that is a LONG shot).

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And if the restitution hearing was today, then your only recourse would be to go after the thief in civil court. If he is in prison, that could take time....

If you do call the police officer, be polite and explain what has happened. Sometimes the police officers have a restitution fund and can pay you something to make you "whole" again. It would not be $50,000 though.

It was my pleasure to answer your question and I wish you good luck with this!

If I have answered your question and you are satisfied, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

It does not cost you anything to click and it is the only way I can get credit for my work, and of course a positive 5 star rating would be appreciated.

You can still ask me all your follow up questions, even after you please leave a positive rating at the top of your screen.

I wish you all the best in 2018.

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Customer reply replied 7 months ago
Actually, he pled no contest, so was never tried, just sentenced. And it was the police dept, not the DA, that left my name off the case. Can the police officer add my name at this point to the report?

Understood about the no contest - same thing as pleading guilty for the purposes of this conversation.

And yes, you would start a civil suit against the police officer (sorry I typed DA, I meant Police officer). It's just a very uphill battle and one you are not likely to win.

The better bet is to go after the thief in civil court, but that too is a long shot.

You will need a local lawyer to help you with this. Would you like some links to referrals?

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Once the thief gets out of prison, you will seek a monetary judgment against him through civil court. If you win, the judgment becomes part of the public record; and if the offender secures employment or mortgages a house, he would be forced by the civil lawsuit to fork over money to you or even face garnishment of wages.

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Customer reply replied 7 months ago
He's a druggie, so it's highly unlikely anyone will ever get any $ out of him.
Customer reply replied 7 months ago
I would like a local referral. Theft was in Oakland, but I now live in Santa Rosa.

I am so sorry this happened to you.

I think the final avenue to explore is speaking (politely) to the police officer to see if there is any way he can file an Addendum report so you can have the police report you need to get some relief from your renters insurance company.

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Lawyers in Santa Rosa that specialize in criminal law:

https://www.justia.com/lawyers/criminal-law/california/santa-rosa

AND

https://www.avvo.com/criminal-defense-lawyer/ca/santa_rosa.html

AND

http://lawyers.findlaw.com/lawyer/firm/criminal-law/sonoma-county/california

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Customer reply replied 7 months ago
OK, thanks.

Thank you!

Layne Pecoff
Category: Criminal Law
Satisfied Customers: 201
Experience: dasdasd
Verified
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