Legal Question in Criminal Law in California

Stolen Auto

My uncle died in Dec. 2007. He had a car on his property that he restored, 1947 panel truck. The person never paid him for the truck over the past 30 years and he registered the truck in his name. We have the pick slip from the Ca. DMV in his name. The previous owner found out he died and contacted the local police department and they came to the property and allowed the previous owner to take the vehicle out of state. The police at the time were told that my uncle had the current pink slip for the vehicle and still used their power to allow the vehicle to be taken.

What type of attoney do I need to hire and can the attoney's fees be collected from the party that illigally took the auto? Should we contact the FBI since the car was taken across state lines? NOTE: Value between $40,000 and $50,000.

Please advise on my next steps as I belief the police abused their powers and were accesory to the thief.

Car taken from Ca. to Nevada.


Asked on 8/24/08, 8:30 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Stolen Auto

The police are not allowed to just take property , or to admit a stranger onto private property, without a court order. I would sue both the "previous owner" and the police. Caution, suing public entities in California is difficult, even for lawyers, and there are very short time limits. Hire a local attorney.

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Answered on 8/24/08, 8:36 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Stolen Auto

You can start by hiring a lawyer here in California to start an investigation of this matter immediately. A local counsel here might then associate a local attorney in Nevada, if needed. Alternatively, you could hire an attorney in Nevada yourself. Depending upon the circumstances and the strength of your case, a lawyer might be open to a taking the case for a small retainer plus some contingency percentage of the value of the car, if recovered.

It seems the car was taken from you illegally and you have grounds for action to recover the vehicle.

Feel free to contact me for additional consultation.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 8/25/08, 3:05 am


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