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  1. #1
    Join Date
    Nov 2011
    Posts
    1

    Default Stolen Cell Phone

    My question involves criminal law for the state of: Oregon

    I was at the mall when my cell phone was stolen out of my purse. It was a brand new blackberry in an expensive case. Once I knew it had been stolen, I went to my carrier's kiosk in the mall and disabled the service (they had already turned the phone off so I figured it was long gone). Because I was ineligible for a phone upgrade, I had to pay a ton of money for a new cell. After about 2 weeks, I got a call from the police that they had found my cell in the possession of a woman who had stolen a car and had many other stolen items. I was surprised the cops found out it was my cell phone, because at that point I had not filed a theft report. In order to get the phone back, I had to file a report and spent all afternoon at the police station. So, not only have I lost a lot of money but have been hugely inconvenienced and still don't have the phone back or know what shape it is even in. I asked the officer what I could do to get a little justice and he just responded that if I wanted to press charges I would have a good case. What happens if I do press charges and what do I get out of the process? I do think this woman needs to learn a little respect for other people. Thanks!

  2. #2
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: Stolen Cell Phone

    The chance to get a little justice and your phone back. Sometimes that is all you get in life. Its more than you usually get.

  3. #3
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Stolen Cell Phone

    You can press charges...which will mean she will be charged in a criminal court. (I say do it! It may be a little inconvenient, because if she pleads "Not Guilty", you would have to testify.) But think about it...the woman needs to learn to not steal, period, and you are in a position to take part in her being punished for what she has done. And just think...stolen a car and other stuff....

    I believe you can also file a Civil Suit against her for your damages (I assume you have receipts). This would be for the cost of cancelling service, replacing the phone. Unfortunately, I don't think you can charge for the inconvenience. The downside to a civil suit is....if you win, it is up to you to collect the money from her....

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Stolen Cell Phone

    Where you run into an issue is that you have the replacement phone and will get back the original phone. You cannot sue for the value of something you possess as an asset.

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