Quote:
Originally Posted by SIKSUKR
I don't get it. Shouldn't the pawn shop give the money they received back and be on the hook for what they paid out since it was their screw-up?
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Good question.
How was it their screw-up?
If indeed they didn't follow the law in this transaction then they should be prosecuted and be responsible for a portion or all of the restitution. And I am sure that the agency investigating this crime is looking into that aspect of the matter as well.
But if the Shop followed all legal procedures in this transaction then how are they responsible? The person responsible is the criminal that stole the item and pawned it. That's the way our criminal justice system works.
I'll repeat it once again. Either criminally of civilly, when an item is in dispute before a Court any law enforcement agent or party's attorney will advise that no restitution take place until the dispute is adjudicated. For a variety of reasons if restitution takes place before a trial the restitution can be used to minimize or negate the charges.
It's not like TV. A case like this can take upwards of a year to work it's way through the system.
The victims that bought the item are entitled to full restitution. That restitution needs to come from the guilty party. Because the investigation is still on going we do not know yet who all the accused may be. And under our system of Justice we will not know who the guilty party is until they are convicted. Part of the sentencing in cases like these involve penalty and restitution.
I haven't stepped foot in a pawn shop in years (actually since I was stationed in Charleston, SC). But way back then I knew when I bought an item the receipt clearly stated "buyer beware" in South Carolina legalese. Does anyone know if that is part of the receipt when you purchase from a pawn shop up here?