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  1. #1
    Join Date
    Apr 2005
    Location
    CA
    Posts
    2

    Default Felony Theft of Wallet and Fake ID

    Need info for a friend who was arrested and charged w/Felony Theft of Wallet and Fake Id.

    First the wallet:

    He's 19, she's 25. Went to his friends w/his girlfriend for a couples type of dinner. Ate and had a good time, left and went out to bars. Had a great time, no problems.

    The next morning he gets a call from his friend accusing him of stealing his girlfriends wallet. Other than having a fake ID from a friend, he's never broken any law, let alone stolen anything. He tried to reason with his friend and the friend called the police. A short while later the police call him, he explains the same thing: never saw a wallet, never stole it, have plenty of his own money, yada, yada, yada. The police grill him on if he knows who could have done it, he said only person with him was his girlfriend and she wouldn't have done it either.

    After talking to police he calls his girlfriend. She said she did take a wallet sitting on the counter and it was hers. She had paid for pizza and thought she left her wallet out and stuck it in her purse. (Girlfriend looks into purse, and found 2 wallets looking very similar, now the girlfriend is petrified because she has a rap sheet for fighting in a bar as is afraid of involvement w/police) He called friend back and said there's been a misunderstanding and he found wallet and will bring it back to him.

    His friends say okay and are happy. When he gets there, the police arrest him for possesion of stolen property and go through his wallet and car for other signs of stolen property. All the while, he's trying to explain about the misunderstanding about the wallet and that he's only returning it from someone else who took it by mistake. (There was no money missing and no unauthorized charges on any of the cards).

    How can the police arrest and charge him when from the start he's never admitted to even taking the wallet and helped get it back?

    He has 2 stable jobs, good credit and only one bill (car payment) and has plenty of money left over. He would never steal anything, and I don't think the girlfriend would either. How can either of them be charged w/criminal offenses when it was a mistake?

    The boy's friends are being unreasonable and the police are not seeing that there could have actually been an innocent mistake, they are so jaded with all of the bad things they see, that they automatically assume guilt.
    Concerned friend

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,638

    Default Stolen Wallet

    The police hear BS explanations all the time as to why incidents of theft are mistakes, or "my girlfriend/boyfriend did it". They are naturally skeptical of those claims, even when they are true.

    If your friend's girlfriend comes forward and insists that she took the wallet, it may be possible to get the charges against your friend dismissed. But she could face charges herself, and she may be unwilling to come forward. (Also, if the police don't believe her, they may continue with the charge against your friend anyway.)

    If your friend possessed fake ID apart from the wallet, that charge may stand regardless of what happens in relation to the wallet.

    Your friend would be well-served by discussing his case with a criminal defense lawyer.

  3. #3
    Join Date
    Apr 2005
    Location
    CA
    Posts
    2

    Default

    Thanks. I really do appreciate the realist answer. My friend's not taking this as serious as it seems it's going to be, thinking he'll go to the judge and rationally explain this situation. I'll brow-beat-him into getting an attorney.

    I also forgot to say that during the search of his wallet is when the police found the fake ID a friend gave him of an expired license and when the police called the "friend" they turned on him and said of course they would never have given it to him that he must have taken it (IE: they don't want to go to jail for blatently giving a minor a 22 year olds ID). Which only makes it worse for my friend given that he's already charged for a theft he didn't commit, now I'm sure they will add the ID thing as a theft too to show a pattern that is not there.

    One more question: If the people who claim the wallet was stolen from drop the charges is there a way out for my friend or can the police proceed on their own with the Felony theft.

    You are right about the ID. Regardless, I'm sure they'll persue it and rightly so. My friend is young and wants to go out to dance in the bars but he should have waited until he was 21 like the rest of us.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,638

    Default Felony Theft

    Quote Quoting rudeawakening
    If the people who claim the wallet was stolen from drop the charges is there a way out for my friend or can the police proceed on their own with the Felony theft.
    The police can pursue felony charges even if the victim doesn't want to press charges. However, if they expect the victim's testimony to undermine the prosecution's case, they may drop the charge.

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