Since the Police Won't Help Me, Should I Sue for Stolen Apple Computer

**msdetermination8** · 08-18-2009, 07:06 AM

My question involves personal property located in the State of: New York

About two weeks ago my 2005 all in one desktop apple computer was stolen by someone I thought I knew. While i was sleeping he snuck out of my apartment with my computer and drove back to New Jersey (where he is from). He would not answer my calls or texts & I did file a police report which was put in as a petit larceny case although I paid well over the $999.99 in which the state of new york deems as grand larceny.

The detective from the precint told me there was nothing he could do since my Mac is from 2005, apple informed him that the value now would be $600 & they don't cross state lines for misdemeanors, wth?!

Do I have a good case for civil court, I have no idea even where to start? Should I get a lawyer? Please help me and give your advice, I am determined to get justice & have no choice but to take things into my own hands since the police will not help.

**aardvarc** · 08-18-2009, 12:49 PM

A good case, yeah, sounds like. But realistically?

Unless he's got the cash to pay you for the value of the computer, even if you WIN a civil suit, you may be looking at a moral victory at best (and with costs associated with bringing the suit). Even if the whole civil process goes smooth, and quick, and everything falls your way, standing there with a judgement in hand only means that you'd have the ability to do MORE work to try to collect the money (meaning, find out what assets he owns, where his bank accounts are, then go ask the court for a garnishment, and pray he doesn't close the account, etc.). The civil court can only order him to pay - which is much different than actually MAKING him pay.

And just to be clear, it's NOT that the police won't help. Apparantly they ARE willing to put out the warrant for the misdemeanor theft - but what they are telling you is that the STATE isn't going to spend a couple of thousand of tax payer dollars to extradite for a $600 crime. Not fair I know, but for lower level property crimes, pretty common - there are only so many available dollars for extradition across state lines (which gets expensive) it's usually reserved for felonies, violent crimes, and persons with multiple charges. And, should Mr. Sticky Fingers roam within the extradition area, he's at risk of arrest and prosecution.

Another approach to get back at least SOME of the value might be to file a claim under your renters insurance (submitting a copy of the police report).

**msdetermination8** · 08-18-2009, 01:29 PM

Thank you for your input, much appreciated

I may have to take this as a lesson learned but just to be clear, did you say if he comes back into NY and has police contact, can he still be arrested for this misdemeanor?

Unfortunately, I don't think I have renter's insurance but I am seriously looking into getting it. This whole situation makes me sick b/c I spent close to $1500 on this computer, I know who stole it, and b/c he resides in Jersey theres not much to be done. I've seriously learned a BIG lesson on who to trust...THANK YOU AGAIN

**aardvarc** · 08-18-2009, 03:18 PM

I may have to take this as a lesson learned but just to be clear, did you say if he comes back into NY and has police contact, can he still be arrested for this misdemeanor?

Typically, if police have probable cause (they believe a crime was committed, and that they reasonably know who did it), they can submit their report and a warrant gets issued. Most warrants sit passively until the wanted person just happens to come across police in some minor thing like a traffic stop, a loud party, a minor accident, or something similar - then when police run the name, wham, they find the warrant and suddenly the person goes to jail - IF that person is within the extradition area (in the case of most misdemeanors, it would be within the same state only). So if there's an active warrant, and he roams into the state again, ANY type of interaction with police (even if he's the victim of something) could spring the arrest. Check with the department that took your report and find out for sure if there WILL be a warrant issued.