Legal Question in Criminal Law in Florida

Vehicle Theft

My daughter's ex-boyfriend took her motorcyle (with her permission) to N.C. but he was to return the bike within a week or so. He has not and we cannot locate him. She doesn't wish to prosecute, she merely wants the bike returned so that she can sell it and recoup some of her losses. How can she get the property back without prosecuting? Should she contact law enforcement, with the understanding that once the property is returned there will be no criminal case?


Asked on 11/14/06, 9:04 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Vehicle Theft

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Most law enforcement agencies will not get involved unless you file criminal charges. They refuse to act as your messenger, recovery service, bill collector or whatever other way you care to term it. If you file a criminal complaint (and they think it warrants it) they will proceed.

The chances are that even if you went to file a complaint with the intent of prosecuting, the law enforcement agency may still tell you that this is a civil matter. The motorcycle was taken with your daughter's permission so it was not stolen. Her complaint is only that it was not returned as promised. Most agencies will tell you to pursue this in a civil court.

Scott R. Jay

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Answered on 11/14/06, 10:17 am
Valerie Masters Valerie Masters, P.A.

Re: Vehicle Theft

So you want law enforcement to expend their time and manpower to find your daughter's motorcycle but say no crime was commited? I don't think they will help you.

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Answered on 11/14/06, 11:51 am


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