Two guns stolen...

[GunLawyer001]

Originally Posted by ThunderingWind

Lawyer question here.....

Can you also go after him in civil court for the money, the lost weapon and the pain and suffering?

Or is this only allowed in Kalifornia?

I think that gnbrotz is on track, you can sue anybody, maybe you can even win, but collecting is another matter. They have to have valuable assets that will sit still long enough for you to get the Sheriff out to levy on them. If your prospective judgment debtor doesn't own a house, a paid-off car, or similar non-portable assets (a car is portable but harder to hide than a stack of Krugerrands), then getting a judgment is literally throwing good money after bad. People who steal whatever small stuff they happen to see are people who don't accumulate wealth.

Best bet is to make sure that the prosecutor asks for restitution. I'm fuzzy on the details on that because I'm usually on the other side of things, but try to ensure that paying you back is one of the requirements in sentencing. I believe that the court can require them to make regular payments directly to the clerk of courts, for your benefit, so that defaulting is a violation of the court's order. In a civil suit, you're on your own if you want your money.

Oh, and "pain and suffering" won't be reimbursed for theft.

[PisnNapalm]

It's good news that the larger of the guns was recovered. They may get the other one yet.

Any word on what will happen to the 15 year old kid that had your Ruger?

I say stick it to the guy who stole them. Stick him away for a long time.

[Scubastevie00]

Stick it to him! As was said above, where are the gun charges?

[RegBarc]

Originally Posted by never_retreat

Where are the gun trafficking charges.
After all a different kid turned up with you gun.
How did the find the kid with the gun anyway?

I am assuming if the guy has 7 or 8 years left on State Parole in West Virginia, he would have a felony record.

And him having the 2 firearms makes him a felon in possession of a firearm.

If I were the OP (which I am not), I'd make a call the local U.S. Attorney's office. I am sure they would love to send him to a federal PMITA prison for a long time. I think the standard sentence, when the bullets aren't counted, is 13 and 1/2 years.

And remember! No parole in federal prison sentences!

You'll see him next in the year 2021. Assuming his federal sentence runs concurrent with his State one.

[reverserboy]

I very politely to him to go fuck himself

At least you were polite & that's what counts. If Miss Manners were here she would approve.

I can understand you being very angry. I would be. It would be bad enough if some turd you didn't know violated your home but someone you knew & helped in the past was the perp.

I feel you're doing the right thing by pushing this. I hope everything works out for you.

I left New Castle in '02. It seemed to be getting worse then. I lived on Hazen St. on the east side.

[mjfletcher]

Originally Posted by GunLawyer001

I think that gnbrotz is on track, you can sue anybody, maybe you can even win, but collecting is another matter. They have to have valuable assets that will sit still long enough for you to get the Sheriff out to levy on them. If your prospective judgment debtor doesn't own a house, a paid-off car, or similar non-portable assets (a car is portable but harder to hide than a stack of Krugerrands), then getting a judgment is literally throwing good money after bad. People who steal whatever small stuff they happen to see are people who don't accumulate wealth.

Best bet is to make sure that the prosecutor asks for restitution. I'm fuzzy on the details on that because I'm usually on the other side of things, but try to ensure that paying you back is one of the requirements in sentencing. I believe that the court can require them to make regular payments directly to the clerk of courts, for your benefit, so that defaulting is a violation of the court's order. In a civil suit, you're on your own if you want your money.

Oh, and "pain and suffering" won't be reimbursed for theft.

In cases of "civil restitution" ordered by the courts, wages are directly garnished and you get mailed a check. I recieved a check for $5/week as a kid for over a year after someone stole my bike and got caught after hed already sold it. I eventually got all the money, but it took a while.

[762xIan]

Problem with bad people, is they keep having birthdays

......Why does it always seem good folks...and I mean really good people go early and scumbags keep on going being oxygen thieves.

Did you get your guns back!???

[lildobe]

Originally Posted by Chazman321

I will make exceptions for warm cash of equal value of course... lol

Warm, like it just came off the press?

[ThunderingWind]

Originally Posted by GunLawyer001

I think that gnbrotz is on track, you can sue anybody, maybe you can even win, but collecting is another matter. They have to have valuable assets that will sit still long enough for you to get the Sheriff out to levy on them. If your prospective judgment debtor doesn't own a house, a paid-off car, or similar non-portable assets (a car is portable but harder to hide than a stack of Krugerrands), then getting a judgment is literally throwing good money after bad. People who steal whatever small stuff they happen to see are people who don't accumulate wealth.

Best bet is to make sure that the prosecutor asks for restitution. I'm fuzzy on the details on that because I'm usually on the other side of things, but try to ensure that paying you back is one of the requirements in sentencing. I believe that the court can require them to make regular payments directly to the clerk of courts, for your benefit, so that defaulting is a violation of the court's order. In a civil suit, you're on your own if you want your money.

Oh, and "pain and suffering" won't be reimbursed for theft.

OK. Then how about starting the process of a civil suit just so the guy has to spend more money on a lawyer. He will not get a Public Defender for the civil suit.

And as mentioned above - get the Feds involved and push for consecutive sentencing.

I would also go after the 16yr old for receiving your stolen property and all the gun violations that can be found. Make sure the DA does his job.

[GunLawyer001]

Originally Posted by ThunderingWind

OK. Then how about starting the process of a civil suit just so the guy has to spend more money on a lawyer. He will not get a Public Defender for the civil suit.
......

Filing the civil suit with a DJ will cost somewhere between $75-$200, cash out of pocket. Deadbeats who are not incarcerated usually don't show up for lawsuits, they allow default judgments to be issued, because they know that they are uncollectable.
My guess is that you'd provide the inmate a day trip to the court, where he'd represent himself pro se. You'd win a worthless judgment, and you'd be out some extra money. Worse, if you get a civil judgment then it may preclude an order of restitution in the criminal case.