Stealing Property Back from a Thief

My question involves criminal law for the state of: Florida

Hypothetical situation, I'm curious about the legal handling of the ethical situation.

Person A finds that Person B has stolen an important item from his/her home while B had been a guest in A's home. A has no proof other than B being "the only person who could have opportunity."

A breaks into B's house and retrieves his/her own property that was stolen, without disturbing any of B's property.

What would the situation be, legally, should any of it make it into the criminal/legal system?

B is in serious legal trouble if caught.

A "home invasion" is NOT justified.

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Quoting BOR

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B is in serious legal trouble if caught.

A "home invasion" is NOT justified.

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What would be a legal alternative for A to get his/her property back? (I'm assuming you mean Person A is in trouble?)

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Quoting Sintoku

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What would be a legal alternative for A to get his/her property back? (I'm assuming you mean Person A is in trouble?)

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Yes, sorry, I meant A.

Alternatives:

1. File a police report.

2. Review the facts and consider a small claims action if it is under the jurisdictional amount. The burden of proof is generally only by a "preponderance of the evidence".

The "character" of each party may play a large role in beliveable testimony.

Sounds complicated and expensive. It's amazing how easy it is for a thief to rob friends, and so complicated to set things right if the thief doesn't want to cooperate. :(

Oh, I might add, for the "return" of property, the doctrine of Replevin must be recognized. If FL SC does not, either a higher court must be considered, or sue for the monetary/fair market value.

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Quoting BOR

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Oh, I might add, for the "return" of property, the doctrine of Replevin must be recognized. If FL SC does not, either a higher court must be considered, or sue for the monetary/fair market value.

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I've never heard of that before. Checking wikipedia. Thank you for the insight.

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Quoting Sintoku

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Sounds complicated and expensive. It's amazing how easy it is for a thief to rob friends, and so complicated to set things right if the thief doesn't want to cooperate. :(

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Yes, without an eye witness, the evidence is "circumstantial". I will say, MOST criminal prosecutions are based on circumstantial evidence, per se, but they also have the force and money of the govt. to bring such charges.

As an exmaple, a fingerprint can be both direct and circumstantial evidence, it depends on the link to the actor.

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Quoting Sintoku

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I've never heard of that before. Checking wikipedia. Thank you for the insight.

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You are welcome.

In my state, Ohio, a Replevin action is NOT permitted in Small claims:

(2)(a) A small claims division does not have jurisdiction in any of the following:

(i) Libel, slander, replevin, malicious prosecution, and abuse of process actions;



http://codes.ohio.gov/orc/1925.02


Replevin/Trover, various names for such action.

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Quoting BOR

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Yes, without an eye witness, the evidence is "circumstantial". I will say, MOST criminal prosecutions are based on circumstantial evidence, per se, but they also have the force and money of the govt. to bring such charges.

As an exmaple, a fingerprint can be both direct and circumstantial evidence, it depends on the link to the actor.

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Unfortunately as far as evidence goes, (Forgive me for continuing to use the shorthand IDs) A has proof that B had stolen a different item previously, but had recovered it legally (Confronted, item was returned). But the now-stolen item was taken about when the friendship dissolved, and discovered missing not long after. The only "proof" is in character (a history of stealing, which had solid evidence previously) and that B was the only person with opportunity.

The stolen item has little to no monetary value. It's something that A had made, spending years of his/her life on it.

I'm not sure how well that would hold up, especially if (there is a chance) the item was trashed out of spite.

If there was a prior incident of theft, it may form a basis of "character" as I stated earlier, or a "pattern of behavior", if you will.

If you sue, opportunity is one element of a crime, yes, but you will probably need more to win.

Thanks again.

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Quoting Sintoku

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Thanks again.

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You are welcome!

additional question-ish: I'm having a hard time finding out if small claims can take care of replevin in Florida, but finding out what replevin covers so far looks hopeful.

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Quoting Sintoku

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additional question-ish: I'm having a hard time finding out if small claims can take care of replevin in Florida, but finding out what replevin covers so far looks hopeful.

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Review this thread. I myself was unsure also when another inquired? The law is not clear cut as in my state?

Ask the clerk of the small claims court?


http://www.expertlaw.com/forums/show...light=replevin