California  |  Civil Litigation

Legal Question

Asked on: 8/16/13, 10:27 pm

Awhile ago I was the victim of a home invasion burglary in which my 18kt Gold Presidential Rolex with diamond face, bezel, and band (appraised at $23,000 few years back) watch was stolen among alot of other personal possession. Well due to my own detective skills I find out that my watch was sold to a local pawn shop for a mere $2000. Now all of the suspects are locked up in county jail awaiting trial. The P.O.S San Diego detective tells me that the ONLY way that I can get my watch out of the pawn shop is if I pay the pawn shop owner the $2000 in which he paid to purchase the watch. (this law/rule is complete BS and needs to be changed). Well I feel that is crap and I shouldnt have to pay the money. Well after doing some research I found out that paying the pawn shop owner is not the only way to retrieve my personal possession back. According to B&P 21647(b) a peace office is authorized to seize the stolen property whenever required as a part of a criminal investigation, whether or not a temporary hold has been placed on the possession. So this lazy Ahole cop think that I have all this money a can just pull $2000 out of thin air to pay to get my watch back. Even going to lengths of lying a few times to make it seem as though there is nothing he can do and I just need to pay the money. Then he minimizes the truth saying that he cant seize the watch and give it back to me because he can be sued. Well this is true though I dont expect him to do this I expect the watch to be put into evidence locker until a judge can determine who the rightful owner of the watch is. Which I have no doubt he will grant me possession of the watch as I have all the correct ownership documents/receipts. So my question is how can I get this watch out of the pawnshop without having to pay this money, being that the POS detective doesnt seem to want to do his civic duty as an officer and help the victim of a vicious crime out. Would it do any good to hire a lawyer? I have already gone to the victims assesment unit and they say that they cant do anything. Went to the DAs office and talked with the DAs assistant, she says she cant do anything and that I need to speak with the detective in charge of the case. Well guess what that what I have been doing and have gotten NOWHERE. Please help.

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

115 Answers given in the last few hours.

8662 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search