QUESTION

Can a poloice officer legally remove a vehicle you own and reported it stolen from the national stolen database

Asked on May 09th, 2017 on Criminal Law - Colorado
More details to this question:
I'm from Colorado. I own a 99 van (tags and title in my name) recently it was stolen from my home by friends of the family who were staying with me while I was away from the house. I called my local police and reported it stolen gave them all info including there names as well as descriptions of person whom had taking it without permission. The next morning after it was reported I was informed it was put into the vehicle nation wide stolen database. The officer then spoke with neighbors (all of which were friends with who stole it) and they lied saying no it was there's so without even telling us the officer had taken it out of the database. I was not informed of any of this until I found out where the vehicle and person who took it was staying and called. Now police say the only way I could get my vehicle back from the theirs is by going three civil court but van is all in my name. What legal right do I have and are they legally able to do this?
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1 ANSWER

Criminal Defense Attorney serving Boulder, CO at Miller & Harrison, LLC
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If the police have removed the car fromt he "stolen" list and have decided not to file criminal charges, then you need to look at a civil "replevin" action - to get the car back - OR a civil action to recover the fair market value of the car. If the value of the car is under $7500 and you choose to try to get the money for it instead of the vehcile, you may be able to sue in small claims court - the forms can be found at any court clerks office or online at the state judicial website. If I were you, I'd give up on criminal charges and go for civil recovery of one type or another.
Answered on May 10th, 2017 at 2:24 PM

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