NEED HELP: STOLEN W123 LONG (Silver) - Page 2 - Mercedes-Benz Forum

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post #11 of 15 (permalink) Old 03-26-2007, 09:57 PM
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NOT quite over yet

Originally Posted by c11111
Great news. My car was recovered by Hermosa Beach PD. They took a “suspect” in custody, who has “bailed-out”. (I wanted to know who it was, and ask where my things were dumped. They told me I would not have been able to talk to the “suspect” anyway until we meet in court).

There will be no other information available until I talk to the Detectives some time this week. Car is intact except for rear bumper damage and curbed right wheels. They emptied the glove box and the front door pockets. They took personal items from inside the car and the trunk.

Although Hermosa Beach PD earlier assured me that they “will recover the car”, I was skeptical they could or at the best recover a “stripped” vehicle. The Police said the car will be easy to spot, since the body was unique.

I will wait a few days before driving it again to make sure the car is “off” the stolen vehicle list. If they catch anyone driving stolen vehicle- guns are automatically drawn and pointed at whoever is driving!

Thank you everyone. What a weekend experience it was. The forums allowed me to at least vent….
I am so pleased you have your car back.

Maybe the story is NOT quite over. I used to be a clerk in the Criminal Justice system and have a few remarks that you might like to hear, as the victim of an auto theft.

I'd do some digging, and ask the Police for my personal possessions back. I have a few tools, and books and records for the car, INSIDE my car and I would sure want them back. Why can't you just have them?

This is undoubtedly a criminal case, and you DEFINATELY need to take a bit of time and familiarize yourself with the system, so you can track the case and know what happens.

When you talk to the cops, get the Orange County criminal Court case number and the police report number from them and find out exactly WHO the Assistant District Attorney is, who has been assigned this case. He'll tell you how the case will proceed, whether there will be a plea bargain (depends on the perp's prior record, etc.) whether there will be a trial (in which case, unfortunately, your posessions might be used for trial EVIDENCE, then retained by the court for YEARS (in case the defendant successfully appeals, so they can use the EVIDENCE again in a new trial...(Iknow, it sux, but i'm just telling ya)...

If you get to stay in touch with the Assistant deputy DA on the case, he'll let you know what happens...your remarks will carry some weight in his decisions.
If the defendant accepts a plea bargain for lets say, 6 months and jail time, it's important you get in that agreement, full RESTITUTION from the thief, it's hard to enforce it, but probation deals are monitored by the probation reports, and the defendant can be brought back into court and often made to pay you back (damage to your car, lost personal effects). The Judge has the right to modify or revoke probation, that is the hammer to make him go back to jail a little bit more, if he doesn't make the restitution to you, payments or whatever is agreed.

So, this means, when the time comes, after a jury trial, or a plea bargain, only the Judge can sentence the guy. To help this process, the defendant has to personally go to the Adult Probation Dept. (Orange Co.) nx be assigned a probation officer who will interview the guy, determine the facts of the case, LISTEN to the victim if he knows who it is, and make a Probation report the Judge listens to and reads before sentencing. Trust me these probatgion reports have GREAT weight with the Judge, and the very best thing you can do, is talk to the probation officer, and write to the probation officer with your thoughts and whatever you desire as to restitution, and punishment, the reason its best to write to the probation department and NOT to the Judge or the DA, is that the letter or a photostat of it will be INCORPORATED into the probation report which is a PERMANENT record of the criminal case. Ask the probation officer not only to include your recommendations in the report, and to schedule future court hearings (Probation progress reports) and notify you of them, if possible. I am saying that if this clown had enough money to post bail (either cash or 10% to a bail bond company in cash) he has the resources to pay you for his losses.
If he got a public defender or appointed counsel (when he is arraigned and pleads not guilty, at the lst court appearance)
then he claimed he was broke. Otherwise he had to pay for a private criminal
defense lawyer. But if he is broke, and goes to state prison, then he won't have to pay restitution though

You may not want to even bother with any of this (I don't blame you) but this guy has landed in the California criminal justice system, and I wanted to suggest to you that it is in some respects a matter of systems and routes, and wanted to let you know as a W123 owner a little bit about how they work, as I am familiar with how it works.

I hope this helps you in some way. At least, you will know how it works

<--- superschnelle 300 hp 10:1 ECE euro HV, Hochverdichtung = high compression (11/2011) ... Wie im Freien Fall. Nur horizontal.

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post #12 of 15 (permalink) Old 03-27-2007, 08:56 AM Thread Starter
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Date registered: Oct 2006
Vehicle: w100 600. w116 6.9.. w123 300D Long, w126 280 Euro, w126 300sd
Location: Hermosa Beach CA
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Thank you for your valuable input.

I had earlier thought about what will happen next. I have not talked to the Detectives yet, and am wary of discussing this in a public forum since I may say something-that bites me back later.

In anothere forum (W123) I was mulling on wether to delete this thread, but I guess leaving it open may help others too.

Hermosa Beach is a small city in Los Angeles county. I do not even know if we have our own court.

Again thank you for your information.
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post #13 of 15 (permalink) Old 03-27-2007, 01:32 PM
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Glad you got your car back. Can you post a photo? I've never seen this model.

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post #14 of 15 (permalink) Old 03-27-2007, 10:10 PM
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Exclamation So happy 4 u

Glad you got your car back. ALOT of MB's have been stolen in HB this year. Do you know if they coppied the keys off the internet with your vin?
Please let me know.

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post #15 of 15 (permalink) Old 03-28-2007, 05:10 PM Thread Starter
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Date registered: Oct 2006
Vehicle: w100 600. w116 6.9.. w123 300D Long, w126 280 Euro, w126 300sd
Location: Hermosa Beach CA
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(Thread Starter)
no, I left the door open (a bad habit, no one steals W123) and they found a bunch of keys in the glove compartment (from my other cars) and they managed to use one of them (not the correct key) my key cylinder was damaged but they were able to turn it on

Last edited by c11111; 03-28-2007 at 05:12 PM.
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