Originally Posted by
wgscott
Contact the police and district attorney. I wouldn't be too hopeful about anything other than getting your property back. The seller will claim they bought the bike from someone else, and had nothing to do with the theft or degradation. You would probably have to resolve that with civil litigation, which is not practical for something that can be replaced for $600.
If the bike is worth less than $950.00, new, it is a misdemeanor. The DA’s office will not prosecute unless they also prosecute misdemeanors. Many DA offices prosecute only felonies. The LA DA is one example.
But even if the DA prosecutes misdemeanors good luck getting the police interested. In California a police officer cannot make an arrest, on a misdemeanor case, without an arrest warrant unless the officer has probable cause to believe that a crime was actually committed in his presence.
In this case the officer did not see the seller steal the son’s bike. Maybe he “could” be prosecuted for selling stolen good. But then you need to prove, beyond a reasonable doubt, that the seller knew, or should have known, that the bike was stolen. Not very likely.
I am afraid that there is not much legal recourse against the seller. The Dad could try suing in small claims court, but even with the reduced standard of proof in civil cases, it will be tough to prove that the seller had knowledge that the bike was stolen.
Sorry to say, the prospect is not good.