Iphone was stolen and police found the men, what would be the court process?
My boyfriend's iphone5 was stolen and long story short, the police found the men who stole it and are charging them with misdemeanor larceny. (The iphone was $900). We got a call today saying the court date is at the end of the month. What will this whole process include? What will happen at court?
Originally my boyfriend had said they pled guilty and the detective said that my boyfriend would just have to sign a paper at the court and will be given the $900 back. But then we got that call about the court date, so what does that mean? Will he have to be in court when they are charged? Will they ask him if he wants to drop charges, or still charge them? I'm just wondering what will be happening during this whole process.
If there's a court date, it means they did not plead guilty. You boyfriend may or may not be subpoenaed to testify, if he is, he will have to appear in court. Otherwise its not necessary to go unless you want to watch the proceedings.
If the phone was recovered, it is most likely in evidence. If they are found guilty, and the police believe they do not need to keep the evidence, they will most likely return the phone to your boyfriend, however he will have to sign for it. If the thieves pleads guilty in the meantime, it is very likely the police will return the phone soon after.
If the phone is lost or broken, its likely the judge will order the thieves to pay your boyfriend the value of the phone, the judge may even add punitive damages to bring it up to the full $900 retail value. Its unlikely the thieves will ever actually make these payments, but they might. I see it happen occasionally.
If the judge does not order any sort of restitution, you will have to sue the thieves in civil court, and the most you would get awarded is the depreciated value of the phone. That is what a used phone wold cost. If your boyfriend wins, and the thieves do not pay, your boyfriend will have to file for a proceedings supplemental, in which case they may be able to garnish the thieves wages if any of them are working.
Regardless of what happens, the court will not be handing your boyfriend $900 cash.
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