Got my car stolen... have some questions

A

AdamMan

Bluelighter
Joined
Dec 15, 2000
Messages
122
hello-

Recently I got my car stolen from my apt. They apprehended the theives and they are awaiting a court date. The police said they would call me with the date.

My questions are:

1.) Do I have to go?
2.) Can I get get some money out of the theives for the damage they (obviously) did to my car?

Thanks.
 
The charges against the thieves are criminal charges, meaning that the State files the charges and prosecutes the case. As a victim, you can receive no compensation under a criminal charge.

However, once the criminal charges are resolved, you may file a civil a suit against the thieves for damage to the car and expenses you incurred as a result of not having possession of the car. Most likely, you will file a suit in small claims court. Most small claims court usually handle cases for $500 or less, although each court is slightly different. If you have lost more than that amount, you would file a suit in municipal court. However, if you file in municipal court, you will need a lawyer, whereas in small claims court, you can do everything yourself.

do a search on google for small claims court procedures in the county in which you live. a lot of small claims courts have detailed instructions online as to how to go about pursuing a small courts claim.
 
autopilot said:
The charges against the thieves are criminal charges, meaning that the State files the charges and prosecutes the case. As a victim, you can receive no compensation under a criminal charge.
Click to expand...

Some (most?) states can sentence the defendant to civil restitution, which is a fine that gets paid to the victim. This is the case in California, for example. The poster didn't say what state he's in though, perhaps he'll tell us.

autopilot said:
However, once the criminal charges are resolved, you may file a civil a suit against the thieves for damage to the car and expenses you incurred as a result of not having possession of the car. Most likely, you will file a suit in small claims court. Most small claims court usually handle cases for $500 or less, although each court is slightly different. If you have lost more than that amount, you would file a suit in municipal court. However, if you file in municipal court, you will need a lawyer, whereas in small claims court, you can do everything yourself.
Click to expand...

$500 sounds low. Around here, the small claims court is for claims of $5,000 or less ($2,500 if the defendant has a right of contribution or indemnity).
 
AdamMan said:
hello-

Recently I got my car stolen from my apt. They apprehended the theives and they are awaiting a court date. The police said they would call me with the date.

My questions are:

1.) Do I have to go?
2.) Can I get get some money out of the theives for the damage they (obviously) did to my car?

Thanks.
Click to expand...

1.) No you do not "have to go". Call the DA's office and explain that you have monetary damages and they will advise you when you need to appear in court.

2.) Yes. Every state that I am aware of forces criminal offenders to "make whole" or compensate victims of their crimes for damages to a stolen car.

Actually, offenders are not released from probation if the court orders restitution, until it is paid.

Additionally, most states have a "criminal compensation fund" program. Check with the clerk of the court to determine your eligibility.
 
PottedMeat is right, there should be a statute that gives crime victims the right to restitution. In Illinois it's called the Crime Victims and Witnesses Act.
 
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