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?
2 Answers from Attorneys
Re: Vehicle Theft
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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
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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