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Old 05-06-2014, 04:11 PM
JB3 JB3 is offline
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Join Date: Jan 2010
Location: RI
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Quote:
Originally Posted by Jim B. View Post
Congrats on getting the car back...

But PLEASE go to the Prosecutor's office and ask to speak to an Assistant Deputy Prosecutor, tell him about it. Felony car theft has been committed, nonetheless, and they KNOW who did it, but urge the DA office to remain in touch with you and if they catch the perp, in Kansas Oklahoma or elsewhere, that YOU would testify against him.

Even if you don't HAVE to, (when he is caught or extradited to KS.) it is a HUGE incentive for a felony conviction - certain with your testimony, it sounds like) it is great pressure to get him to PLEAD GUILTY in your case, and go to jail - likely for a lesser amount of time, under a plea bargain, made by the DA defense and Judge, so at the least there is SOME justice.

For the victim, (YOU), if it was in California (do not know the KS law) if he goes to the State pen on a felony he doesn't have to pay you restitution.

BUT, if he pleads guilty to a lesser misdemeanor, with jail time, he can get probation and fines, AND be ordered to pay any restitution to YOU, through the Adult Probation Department. (YMMV in KS though - this is how it works in California.)

And if he fails to pay restitution, the Courts can drag him back into court (a no-show nets him an arrest warrant - an entirely NEW offense, FTA is an offense against the Court itself), compounding his woes.

Of course, actually collecting the restitution in full with mopes like that is pretty tough.

But, it could happen. even partially.


OK.

Now you know what I think you should do.


What will you do?
Personally id probably simply adjust my policy of who gets to test drive, and who gets keys without collateral, like your drivers license and/or credit card.
What you suggest sounds like a heck of a lot of work for little gain, especially for a business owner whose time is in demand daily.

Id be more worried that my insurance carrier decided they wouldn't cover the loss. Id be shopping for a new insurance company as a priority vs making sure this guy has a little more time on his rap sheet
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