Lawyer in Philadelphia? | FerrariChat

Lawyer in Philadelphia?

Discussion in 'Mid-Atlantic Region - USA (PA, DE, MD, DC, VA)' started by vjd3, Jun 5, 2019.

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  1. vjd3

    vjd3 F1 Rookie
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    #1 vjd3, Jun 5, 2019
    Looking for someone who might understand the law concerning theft in Philly ... I sold and shipped a $2400 guitar to a person in Philadelphia, turns out someone had stolen his credit card information, the thief redirected the package, picked it up and pawned it. The guitar has been located at the pawn shop, and the police have the information regarding the thief, but it's not clear to me if or how I can get possession of the stolen guitar, the pawn shop believes they own it legally. Not sure if this would be a civil or criminal matter, or if I'm just out of luck.
     
  2. DMantooth

    DMantooth Karting

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    #2 DMantooth, Jun 5, 2019
    The police are the ones to assist you.

    2018 488 GTB
     
  3. JoeZaff

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    #3 JoeZaff, Jun 7, 2019
    Last edited: Jun 7, 2019
    While I am a former Philadelphia prosecutor, I have been out of the criminal law game for over a dozen years. The law, application, or my recollection could be different than it was back when I did this for a living, so take my comments with a grain of salt.


    It would seem to me The guitar was obtained by means of Theft by Deception, which is a violation of Pennsylvania's criminal code (18 Pa.C.S.A. 3922). Therefore, as pertains to the pawnshop, Under Pennsylvania law, one is guilt of Receiving Stolen Property, if one, among other things, retains, an item one knows to be stolen (18 Pa C.S.A. 3925).
    https://www.wfmz.com/news/berks/owner-of-pawn-shops-sentenced-charged-with-selling-stolen-goods/963269855

    I think you should be able to get your guitar back
     
    Carnut and energy88 like this.
  4. captglen

    captglen Formula 3
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    #4 captglen, Jun 11, 2019
  5. vjd3

    vjd3 F1 Rookie
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    #5 vjd3, Jun 14, 2019
    Was traveling a bit, but thanks for the reply!
     
  6. Carnut

    Carnut F1 Rookie
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    #6 Carnut, Jun 29, 2019
    I had a friend in a similar situation and Joe is correct, but it did take time. If I am not mistaken the item was taken by the authorities from the person who had in their possession until the matter was resolved. Also he did get an attorney and it was a something worth a lot more than $2400.00
     
  7. vjd3

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    #7 vjd3, Jul 9, 2019
    Thanks, Morrie. From what I have been able to learn, I would have to take the matter to court to have the guitar adjudicated as being mine, at which time the pawn shop would be obligated to turn it over. The key is having it adjudicated as mine, which would probably cost more than the guitar is worth. The other alternative is to pay the pawnshop what they paid the thief, but the pawnshop is being evasive on how much that is, exactly, they started out saying $1000 and today it's $1350, and I am getting nowhere with the police.


    The statute reads:
    § 61.8. Stolen property.
    (b) Licensees receiving stolen property in pledge shall, when directed to do so by a properly constituted police official, or by the Department, place a ‘‘stop’’ against the pledge. Such a ‘‘stop’’ order shall have the following provisions:
    (1) The licensee shall not surrender or sell the property until there has been a legal determination of ownership, or until the ‘‘stop’’ order has been rescinded.
    (2) When legal ownership has been adjudicated, the rightful owner shall not be required to pay either the principal amount loaned or any charges which may have accrued.
    (3) The order shall automatically lapse at the expiration of 90 days unless extended by the issuing authority, or unless legal action has been taken to determine legal ownership.

    I requested that the detective in charge issue the "stop order" but he said there is no formal copy of it, the pawn shop fills out the form.
     

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