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Crime & Law Enforcement Issues & Death Penalty/Should I charge with Theft? What are my options?

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Expert: - 1/11/2005


Question
I had a boyfriend who, when things went wrong and he got violent, threatened to steal and sell my $3500 flute.  To protect it, I gave it to his sister (my friend) to hold on to until he was gone.  It took three months to get rid of him, and then I asked for it back.  She kept saying it was in "storage" (She didn't have a storage unit) so I know she pawned it at least once.  Everytime I asked for it back she'd say she could get it for me the next day, and then would conveniently not answer her phone or be home for the next week.  It's been a TOTAL of six months now since she's had it, and now she moved back to her parents place six hours away, and refuses to take my calls or even tell me where it is.  Can I charge her with theft? What are my options?  

Answer
Hello,

    I guess that you are aware that every state has different laws so what might be true in YOUR state might not be true in MY state.  So this is either a civil matter or a criminal matter depending on the laws in your state.  I would suggest a call to your police department to determine what your options are and what the law is in your state.

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Jack Toomey

Expertise

Please do NOT ask questions about potential jail sentences that you or your friends may receive in court. There is no way for me to know that. I am NOT a probation officer or a parole officer so questions about those subjects will be rejected. I am a police officer with 26 years experience. Can answer questions about crime, police procedure, investigations, criminal law, search and seizure, traffic offenses. Prefer not to answer questions on the death penalty. Please do not ask homework questions. Remember this. The law in every state is different so questions about laws that are specific to your state could be difficult to answer. I also cannot give you legal advice on what to do or not to do in court. I have worked with authors in the past and will be happy to review scenarios or plots with authors to check for believability or accuracy.

Experience

Police officer with 26 years experience. Ten years in patrol and sixteen years in the detective bureau investigating every type of crime including murder, rape, robbery, theft, fraud, missing persons, etc, etc. Also taught at the police academy in areas such as constitutional law, search and seizure, and lineups.

Education/Credentials
B.S. in Criminology from the University of Maryland.

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