Legal Question in Criminal Law in California

Re: My Stolen Property is in a Pawn Shop

I have to disagree with my colleague's response to your question. At the outset, I do not understand why the police did not take custody of the property to use as evidence in the criminal prosecution. At the conclusion of the case, ordinarily it would be returned to you. The pawnbroker's status as an innocent or bonafide purchaser may shield him from criminal liability but it does not alter your right to recover what belongs to you. The pawnbroker has no right to demand anything from you since title to the property has always been yours and nothing the thief did changes that fact. You should seek the DA's help in getting your property back. If that doesn't work, make a written demand on the pawnbroker and then file suit if he does not comply. Although the pawnbroker may not have been in knowing possession of stolen property when he received it from the thief, it seemsn to me that he now knows that he does possess property that it stolen and he should return it to you as the rightful owner.

Re: My Stolen Property is in a Pawn Shop

I believe that once the stolen property is identified to be yours, you should not have to pay to have it returned. You may want to contact the police to assist you if the pawn shop does not return it to you. If you have no luck it obtainig it (should the value be less than $5,000).

I suggest you sue the pawn shop in small claims court.

Re: My Stolen Property is in a Pawn Shop

Thanks for your posting. To be honest, you have a difficult situation.

You have the right to sue the person that stole the merchandise for the value of the merchandise.

You do not automatically have the right to get the property back from the pawnshop. The exception to this is where the pawnshop (known in legal terms as an "innocent purchaser", or a "bona fide purchaser") KNEW that the merchandise was stolen.

You would know if such facts exist better than I, but this is generally difficult to prove.

Best of luck, and if you have other questions, feel free to email me.