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Is It Still Considered Theft if Item is Returned

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  • 05-31-2012, 01:04 AM
    smilemaker22
    Is It Still Considered Theft if Item is Returned
    My question involves criminal law for the state of: california

    I switched tags on two items and paid for the cheaper priced item at target but I felt so guilty that I returned it within an hour. Can i still be charged with larceny or petty theft if I returned the items anyway? I have a petty theft record as a minor that was expunged and I was also wondering how this will affect me if I get charged again too. Please advise. Thank you very much.
  • 05-31-2012, 05:39 AM
    PandorasBox
    Re: Is It Still Considered Theft if Item is Returned
    Yes, they could charge you for Retail Fraud. Stay out of that store for a good year.
  • 05-31-2012, 10:17 AM
    cdwjava
    Re: Is It Still Considered Theft if Item is Returned
    Quote:

    Quoting smilemaker22
    View Post
    My question involves criminal law for the state of: california

    I switched tags on two items and paid for the cheaper priced item at target but I felt so guilty that I returned it within an hour. Can i still be charged with larceny or petty theft if I returned the items anyway? I have a petty theft record as a minor that was expunged and I was also wondering how this will affect me if I get charged again too. Please advise. Thank you very much.

    It's good that you felt guilty and did the right thing.

    Yes, they can still call the police and you could still be charged with theft. No, it is not likely.

    And your prior arrest record will likely not be an issue .. but, that might depend on what you mean by "expunged" and whether or not it really was. It is not common to have a juvenile record expunged, it is more common to petition to have it sealed. As a note, it does not happen automatically, you have to petition the court for that to happen. But, in any case, it is not likely an issue even if you were to be charged this time.
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