Shoplifting, Larceny, Robbery, Theft Property stolen from car

[lamom]

My son was arrested last Thursday.
He was driving a rental car and the towing company notified the rental agency and they picked the vehicle up, even though his account there was paid in full.
When I called the towing company to retrieve the vehicle and the property inside, they said they were closed for the evening and we could get the property the next morning and that the vehicle had been picked up by the rental company.
My problem is that there was a substantial amount of cash money in the vehicle ($2000.00), and of course it was not part of the property that was returned to him when he went to pick up his property.
While we are fully aware that he must pay for his illegal activity, how can we protect his rights in having ALL of his property returned to him? Isn't stealing from his vehicle illegal too?

lulu
:no:

 

[CdwJava]

He was driving a rental car and the towing company notified the rental agency and they picked the vehicle up, even though his account there was paid in full.

That's because they incur liability if it remains at the tow yard. More so if it was impounded while being used for criminal purposes. So, they tend to get the car if it is impounded.

My problem is that there was a substantial amount of cash money in the vehicle ($2000.00), and of course it was not part of the property that was returned to him when he went to pick up his property.

It is possible that the money was seized as evidence by the police as evidence. If not, then he needs to contact the rental company and see if THEY found the money. If not, well, he can make a police report for the lost or stolen money ... hopefully he has a bank receipt or pay stub to cover the cash he had, otherwise he might just prove that he sold something he shouldn't have to obtain the cash.


- Carl

 

[lamom]

Thanks for your quick reply
The car was not impounded and the cash was not seized.
The cash was not illegally obtained - it was intended to pay for the rental vehicle for the month. He had paid for the rental in this manner for several months, and there is a record showing this.
The towing company and the rental company deny finding any cash.
I'm sure we're not the first to have property lifted by the towing company - Isn't there a law covering their responsibility for securing the vehicle and the property inside?
Again - he should be punished according to the law for what he did, but doesn't he have a right to expect EVERYTHING in his vehicle returned to him?
Thanks

 

[CdwJava]

Thanks for your quick reply
The car was not impounded and the cash was not seized.

If it was not impounded by the police, why was it towed? Was it just left at the scene of the arrest?

If it was towed by the police, then it was impounded - even if just for the moment.

The towing company and the rental company deny finding any cash.

If the police did not seize the cash, then he should make a theft report with the local agency of jurisdiction as apparently someone stole the money.

Has he even checked with the police to see if it was seized for safekeeping or as evidence?

Isn't there a law covering their responsibility for securing the vehicle and the property inside?

The tow company can be sued in small claims court for the money ... he'll have to prove he had the cash in the car. Hopefully, the police searched the car or did an inventory and one of them saw the money.

Again - he should be punished according to the law for what he did, but doesn't he have a right to expect EVERYTHING in his vehicle returned to him?

This is why he can sue the tow company or the rental agency, or file a crime report with the police.

- Carl

 

[lamom]

Thanks again
This forum was very helpful
I'll post again after we've pursued this according to your advice.
Lamom

 

[CdwJava]

It would not be the first time that something was stolen from an impounded vehicle either by tow operators or by people that got into the tow yard. The hard part is proving the existence of the money. It is easy to CLAIM there was money present, but unless someone else saw it (hopefully the police) it makes it hard to show with any certainty it was there.

How liable your state might hold tow companies, I can't say. Each state is different.

- Carl