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  1. #1

    Default Please help in Proving This Bracelet Is Mine

    My question involves criminal law for the state of: Virgina. I had a "friend" who stole my bracelet. I realized it was gone a couple days later (stolen from my bathroom counter) I had no proof at the time it was her that stole it, so i continued to search my home. Recently i seen her post my bracelet to an online yars sale site. I immediately screen shoted everything, took my recipets of purchase, and her posts and made a police report. We have a court date but now they are saying that i have to prove even more ownership since there could have been duplicates made of the same exact bracelet! (Impossible)She still has my bracelet how can i possibly retrieve my stolen merchandise and make these charges stick. Fyi she has charges a mile long for theft. I know the maker marks on the jewelry. But the officer said those would be standard for the braceletes. Im lost on how to prove that exact bracelet is mine. I cant see where there is any other markings on it.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Please help in Proving This Bracelet Is Mine

    Unfortunately, in a criminal trial the prosecution has to prove beyond reasonable doubt.

    Ignore whatever the police are telling you about evidence and talk directly to the prosecuting attorney about what it will take to convict her.

    If she can't be convicted in criminal court, you might fare better with a civil lawsuit where it takes only a preponderance of the evidence (google it) to win.

    Fyi she has charges a mile long for theft.
    And you let this person into your house? Yikes.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Please help in Proving This Bracelet Is Mine

    Along with jacks statements, you have to accept that the state does not have to prosecute this person. If they don’t believe they have a good chance of winning, they aren’t likely to file charges. I think the cop was trying to tell you that there are a lot of issues that would make prevailing (by the state) would be problematic.


    I suggest you seek recourse through the civil courts. The standard of proof is much less

    besides, if she is prosecuted, there is no guarantee you will get the bracelet back or compensated for it. The actions in a criminal court are first to punish the criminal. That doesn’t always mean compensation for the victim. Civil courts, on the other hand, are all about compensating a person for their losses.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Please help in Proving This Bracelet Is Mine

    Quote Quoting jk
    View Post
    Along with jacks statements, you have to accept that the state does not have to prosecute this person. If they don’t believe they have a good chance of winning, they aren’t likely to file charges. I think the cop was trying to tell you that there are a lot of issues that would make prevailing (by the state) would be problematic.


    I suggest you seek recourse through the civil courts. The standard of proof is much less

    besides, if she is prosecuted, there is no guarantee you will get the bracelet back or compensated for it. The actions in a criminal court are first to punish the criminal. That doesn’t always mean compensation for the victim. Civil courts, on the other hand, are all about compensating a person for their losses.
    While I agree. It costs money to sue someone in small claims court, and then its difficult to collect from someone who is reasonably honorable but has no money. I imagine trying to collect from someone as dishonorable as this thief is, would be pretty much impossible. The OP might be throwing good money after bad.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Please help in Proving This Bracelet Is Mine

    Quote Quoting llworking
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    While I agree. It costs money to sue someone in small claims court, and then its difficult to collect from someone who is reasonably honorable but has no money. I imagine trying to collect from someone as dishonorable as this thief is, would be pretty much impossible. The OP might be throwing good money after bad.

    I don’t disagree but the costs are usually relatively minimal. Sometimes the win, even if the judgment is not collectible, is cathartic.

    Other than that, it’s likely the only course of action op has. Other than that it’s simply write it off and move on.

  6. #6
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Please help in Proving This Bracelet Is Mine

    Quote Quoting Baileyzwife069@gmail.com
    View Post
    I immediately screen shoted everything, took my recipets of purchase, and her posts and made a police report. We have a court date but now they are saying that i have to prove even more ownership
    A court date for what? There are a lot of things that have to happen between making a police report and going to court? Did the police investigate, and did the local prosecutor file criminal charges? Is the "court date" a criminal trial date? If not, what is it? Also, who are "they"?


    Quote Quoting Baileyzwife069@gmail.com
    View Post
    how can i possibly retrieve my stolen merchandise and make these charges stick.
    Subject to how you respond to my questions above, it sounds to me like some sort of court process for this purpose is underway. What more would you like to happen?


    Quote Quoting Baileyzwife069@gmail.com
    View Post
    the officer said those would be standard for the braceletes.
    Does this officer have some sort of expertise with jewelry?


    Quote Quoting Baileyzwife069@gmail.com
    View Post
    Fyi she has charges a mile long for theft.
    Then why was she your friend, and why did you give her access to your home?

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