From my reading of the law in order to keep from being charged with possession of stolen goods himself the dealer would have to return them if the owner of the good agrees to prosecute the thief. Title XLVI Chapter 812.022 (5) (b) 3 b b. If the dealer is unable to verify whether the property is stolen from the individual or business, and if the dealer accepts the property that is later determined to have been stolen, the dealer will voluntarily return the property at no cost and without the necessity of a replevin action, if the property owner files the appropriate theft reports with law enforcement and enters into an agreement with the dealer to actively participate in the prosecution of the person or persons who perpetrated the crime.
In IL. as of Jan. 1st , 2012 Pawn Shop owners became "third party innocent owners". In other words they take it in on pawn or buy it, then it becomes the Pawn Shops Regardless if it has already been reported as stolen. The pawn shop decides if they wish to sell it back to the owner and they determine the price. No requirement that they sell it back. If the item is needed as evidence, then the police must store it and then return it to the pawn shop after it isn't needed any more. The Pawn Shops in IL. have a very strong lobby !
Sorry to hear about your loss. I just hope you get your ring back without issue. As for Florida and pawn shops, I don't know the law, but I do know that the sheriff's dept goes around to pawn shops at random and does surprise audits. They'll pull up, several deputies, unannounced, and start inventorying the shop and auditing the paper work. They do it often, and they look for stolen items. I have seen them loading crime scene vans with items when they do this. It's supposedly the items that have been reported stolen. I don't know the law, but know what I see.
It was a cash for gold place, so thankfully the Pawn Shop rules don't apply in this case. I have two options here from what I read: I go with the police to get it with their search warrant and get it back (as long as I prosecute (which I am)), or he gives me the money they gave him for it and I go up with the officer to retrieve the ring. So I should know this week, but of course this all falls around the Labor Day holiday.
From what I see on the IL statute the turning over of the property to the "third party innocent owners" has to be ordered by the courts. The only way I could see them doing that would be if the owner of the stolen property declined to prosecute. The statute seems to indicate that they would have to show good cause for why the property should be awarded to them.
i have been buying and selling coins at a flea market for several years. father decided to open up a store front so we can get the license to buy scrap gold and such. it is a second hand license and unlike a pawnshop that has to hold the item for 30 days, my father has to hold is for two weeks. he has to report everything he buys to the police everyday but if something does come up stolen (which if there is any doubt he doesnt buy the item or items) he is not obligated to give the item back
Conder, The underlined is the new wording of the statue: "Upon written notice from a law enforcement officer indicating that property stolen is in the possession of a pawnbroker and subject to hold and is needed for the purpose of furthering a criminal investigation and prosecution, the pawnbroker shall release the property subject to the hold to the custody of the law enforcement officer for such purpose and the officer shall provide a written acknowledgment that the property of the pawnbroker has been released to the officer. The release of the pawnbroker's property to the custody of the law enforcement officer shall not be considered a waiver or release of the pawnbroker's property rights.Upon completion of the criminal investigation, the property shall be returned to the pawnbroker who consented to its release."
Thanks everyone for your support. As of yesterday my ring was returned to me after he confessed to the theft with law enforcement officials. I documented what all was taken coin-wise and will get that back in restitution, but not sure if it will be face value or numismatic value. The sleeze took all of my coins and dumped them into a Coinstar machine of all places. Some lucky operator of that machine is going to be enjoying his day when he cleans that machine out.
Hope you get the best outcome here considering. If you find out where the Coinstar was that the thief used, you should be able to work with them through law enforcement to get your coins. We're talking 22X plus times face value!
They are long gone unfortunately. The law enforcement guy tried to get them back for me. Oh well, I am looking forward to the restitution he will pay me.
If you want restitution make sure you attend his court hearings to talk to the DA. They don't always ask for it as part of the sentence. I'm sure the farmer that wishes he was a lawyer would give you the same advice.:yes:
